2011 Louisiana Laws
Revised Statutes
TITLE 32 — Motor vehicles and traffic regulation
RS 32:785 — Procedures for denial, suspension, or revocation of license; notice; hearings; appeals; abandonment of business

§785. Procedures for denial, suspension, or revocation of license; notice; hearings; appeals; abandonment of business

A.(1) The commission, without prior notice, may deny any application for a license within sixty days after receipt thereof by written notice to the applicant stating the grounds for such denial. Upon request by the applicant whose application has been so denied, the commission shall set the time and place of a hearing to review such denial, the same to be heard with reasonable promptness. The commission may suspend or revoke a license only after a hearing of which the licensee affected shall be given at least fifteen days written notice specifying the grounds or reasons for revocation or suspension.

(2) Notices may be served as provided by law for the service of notices or by mailing a copy by certified mail to the last known residence or business address of such applicant or licensee. A copy of such notice shall be mailed by certified mail to the surety on the licensee's bond at the address of the surety given in the bond. The hearing on charges shall be at such time and place as the commission may prescribe and the aforementioned notice shall further specify the time and place. If the applicant or licensee is a used motor vehicle salesperson, the commission shall in like manner also notify the person, firm, association, corporation, limited liability company, or trust with whom the licensee is associated or in whose association he is about to enter.

(3)(a) The commission shall have the power to compel the production of records and papers bearing upon the issues to be presented for hearing.

(b) The commission shall have the power to subpoena and bring before it any person in this state, or take testimony of any such person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure before courts of the state in civil cases.

(c) Any party to the hearing shall have the right to the attendance of witnesses on his behalf upon designating to the commission the person or persons sought to be subpoenaed.

(4) If the commission determines that any applicant is not qualified to receive a license, a license shall not be granted to the applicant, and if the commission determines that any licensee is guilty of violation of any of the provisions of this Chapter, his or its license shall be suspended or revoked.

(5) Upon the determination by the commission that either the applicant is not qualified to receive a license or that a licensee is guilty of violating any of the provisions of this Chapter, then all costs of the hearing procedure shall be charged to and borne by the applicant or licensee so affected. These costs shall include but not be limited to attorney fees, court reporter fees, and mileage and per diem of commissioners, as well as other applicable and reasonable costs.

B.(1) The decision of the commission imposing a civil penalty, granting or refusing to grant an application for a license, or suspending or revoking a license shall not become final for a period of thirty days from the date thereof, during which time said applicant or licensee may appeal from the decision of the commission to the Nineteenth Judicial District Court by:

(a) Filing a petition in the court setting forth the facts relied upon and praying for a review of the decision.

(b) Mailing by certified mail a copy of the petition to the executive director of the commission or causing service of summons directed to the executive director of the commission to be issued, the petition to be mailed, or the summons to be issued within thirty days from the date of the decision of the commission from which appeal is taken.

(2) On appeal, the issue shall be heard in accordance with the Administrative Procedure Act. Nothing herein shall be construed to limit the authority of the court to grant relief as prescribed by R.S. 49:964. If the issues involved were first presented to the commission by a complaint filed with the commission, the complainant may appeal from the decision of the commission in the same manner as herein above prescribed.

C.(1) In holding and conducting hearings on complaints of violations of the provisions of this Chapter or hearings on the imposition of a civil penalty for any such violation, the commission shall give the licensee or other person, firm, association, corporation, limited liability company, or trust alleged to have committed such violation at least fifteen days written notice specifying the violation charged.

(2) Notices may be served as provided by law for the service of notices or by mailing a copy by certified mail to the last known residence or business address of the party charged with such violation. Hearings shall be at such time and place as the commission may prescribe and the aforementioned notice shall specify the time and place thereof.

(3)(a) The commission shall have the power to compel the production of records and papers bearing upon the issues to be presented for hearing or any matter under investigation.

(b) The commission shall have the power to subpoena and bring before it any person in this state, or take testimony of any such person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure before courts of the state in civil cases.

(c) Any party to the hearing shall have the right to the attendance of witnesses in his behalf upon designating to the commission the person or persons sought to be subpoenaed.

(4) Upon the determination by the commission that the party charged is guilty of violating any of the provisions of this Chapter, then all costs of the hearing procedure shall be charged to and borne by the parties so affected. The costs shall include but not be limited to attorney fees, court reporter fees, and mileage and per diem of commissioners, as well as other applicable and reasonable costs.

D. When the licensed premises of a used motor vehicle dealer are abandoned, the dealer is no longer in business, there are no salespersons on the premises, all attempts to locate the dealer have been exhausted, the business telephone is disconnected, and the business sign has been removed, then the used motor vehicle dealer's license and the salesperson's licenses shall be revoked without a hearing if a request or application for hearing on the revocation is not made within five business days following the posting of a notice on the front door of the business that said license will be revoked for abandonment or violation of the provisions of this Part.

E. When a licensee is found in violation of any provision of this Chapter, relative to the Louisiana Used Motor Vehicle Commission, the licensee shall attend a four-hour educational seminar. The licensee who is found in violation of any provision of this Chapter shall complete the four-hour educational seminar within three months of the date the hearing decision becomes final.

Acts 2006, No. 440, §1; Acts 2009, No. 403, §1, eff. July 7, 2009.