Mo. Code Regs. tit. 12 § 10-23.160

Current through Register Vol. 49, No.12, June 17, 2024

Section 12 CSR 10-23.160 - Good Moral Character of Motor Vehicle Dealers, Manufacturers, Boat Dealers, Salvage Dealers

PURPOSE: This amendment corrects outdated authority references.

(1) Except with a showing of evidence to the contrary, the following will be considered prima facie evidence on which the registration of a motor vehicle dealer, manufacturer, boat dealer, salvage dealer or title service agent will be denied because of lack of good moral character if the applicant:

(A) Has ever been convicted in any federal or state court of a felony relating to the acquisition or transfer of motor vehicles, trailers, motor vehicle parts or boats;

(B) Within five (5) years preceding the application, has been convicted in any federal or state court of a felony, within the last three (3) years, or has been convicted in any federal or state court of a misdemeanor relating to the acquisition of or transfer of motor vehicles, trailers, motor vehicle parts or boats; and

(C) Within three (3) years preceding the application, has been convicted in any federal or state court of a misdemeanor, or has shown contempt of laws in civil or administrative proceedings; or has had a motor vehicle dealer registration, manufacturer registration, boat dealer registration, salvage dealer registration or title service agent registration revoked in this or another state and has demonstrated through conduct since the date of the occurrence that no substantial improvement in character or reliability has occurred. A determination by the director of revenue that conduct subsequent to the occurrence in question demonstrated a failure to improve character or reliability will be made only following a notice to the applicant and a subsequent hearing before the director of revenue or his/her representative.

(2) Any dealer or applicant who receives notice of denial or revocation and desires to contest the prima facie of the fact(s) recited in subsection (1)(A) or (B) may request a hearing for the purpose of showing substantial rehabilitation or improvement in character sufficient to rebut the presumption created by the cited subsections. Request for a hearing should be submitted to the Director, Motor Vehicle and Driver's Licensing Division, PO Box 629, Jefferson City, MO 65105.

12 CSR 10-23.160

AUTHORITY: sections 301.114, 301.221 and 301.251, RSMo 1986.* Original rule filed Oct. 15, 1984, effective Feb. 11 , 1985. Amended: Filed June 4, 1986, effective Aug. 25, 1986.

Amended by Missouri Register November 1, 2023/volume 48, Number 21, effective 12/31/2023.

*Original authority 301.114, RSMo 1984; 301.221, RSMo 1979, amended 1986; and 301.251, RSMo 1981, amended 1984, 1985, 1986.