Mo. Code Regs. tit. 12 § 10-26.210
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 12 CSR 10-26.210 - Dealer Seminar Certification RequirementsPURPOSE: Section 301.560, RSMo, requires applicants who apply for a used motor vehicle dealer license to complete a department-approved educational seminar course before their applications for license are approved. This rule clarifies what constitutes an "approved educational seminar" for licensing purposes and the requirements for seminar providers.
(1) An initial application for a used motor vehicle dealer's license must be accompanied by proof that the applicant has completed an educational seminar course approved by the department within the last twelve (12) months.(2) A seminar provider must be a recognized business or school with a lawful presence in the state of Missouri and with demonstrable experience in providing professional education, including consumer protection laws, to used motor vehicle dealers. Tangible evidence must be provided that these requirements are met. The provider must submit an application form provided by the director to be certified by the department.(3) The Dealer Educational Seminar Certificate issued by the department is valid for one (1) year as noted on the certificate.(4) A seminar provider must have- (A) A minimum of two (2) instructors meeting departmental requirements with the knowledge and capability to conduct the required seminar curriculum. A list of certified instructors must be provided to the director;(B) Staff capable of providing information about the seminars and registering prospective attendees;(C) An available telephone number, fax line, and Internet access available during normal working hours (Monday through Friday) to enable potential attendees to inquire about and register for seminars;(D) A minimum of one (1) scheduled seminar per month, which must be posted on the provider's website at least thirty (30) days in advance. The seminar schedule and locations must be publicized by the provider with registration information and necessary forms obtainable through the provider's website. 1. If a scheduled seminar has no registered attendees and the provider opts to cancel, notification must be posted clearly on the provider's website at least forty-eight (48) hours prior to the seminar's scheduled start time.2. If advanced cancellation notice is not posted as indicated above, a certified instructor must be at the seminar's scheduled location at the scheduled time;(E) Capability to issue each attendee a certificate of completion at the end of each seminar; and(F) An accurate and current electronic database of seminar attendees, maintained by the provider for a minimum of one (1) year. The provider must confirm all seminar attendees' identity through display of a non-expired federal or state-issued photo identification card, with the capability to electronically transmit attendee information to the department as required. These records must be available on demand and are subject to audit by the director without prior notice.(5) Dealer educational seminar curriculum must be presented in a room in a non-residential building that is dedicated solely to the seminar for the duration of the seminar and compliant with the Americans with Disabilities Act of 1990, 42 U.S.C. section 12101 et seq., as amended. The curriculum must include a minimum of four (4) hours of instruction and provide detailed training regarding compliance with- (A) Sections 301.550 to 301.573, RSMo, and all rules promulgated by the department to implement, enforce, and administer these statutes;(B) Federal Trade Commission's Used Car Rule;(C) Federal Privacy Protection requirements under the Gramm-Leach-Bliley Act;(D) Truth-in-Lending requirements;(E) Equal Credit Opportunity Act;(F) The United States of America Patriot Act;(G) Federal and state laws and regulations regarding deceptive and unfair trade practices;(H) Uniform Commercial Code regulations;(I) U. S. Treasury Department rules and cash reporting requirements; and (J) Any other federal or state laws regulating the business of selling and financing motor vehicles.(6) A seminar provider must certify to the director and, upon request, provide evidence to establish that its instructors have, at a minimum, the experience outlined in one (1) of the following minimum qualification requirements- (A) Two (2) years of experience in the motor vehicle dealer industry with expertise in the areas specified in section (5) of this rule;(B) One (1) year in an appropriate position with a professional organization associated with the automobile dealer business (e.g., Missouri Automobile Dealers Association, Inc. instructor or Missouri Independent Automobile Dealers Association policy writer); or(C) One (1) year of experience as an investigator dealing with state and federal motor vehicle dealer compliance laws.(7) Seminar providers must ensure that their seminar instructors- (A) Utilize training materials when conducting the seminar;(B) Incorporate course curriculum into reference/resource manuals to be distributed to attendees and provide periodic updates to ensure current and accurate information applicable to dealer's operations;(C) Provide instruction using computerized slide presentations and provide worksheets/handouts to each attendee, including compliant sample forms required by state and federal law; and(D) Make available to the director, upon request, copies of all training materials (manuals, handouts, presentations, etc.) for review.(8) The director may revoke or refuse to issue or renew a certification of a provider for conducting a seminar not in compliance with this rule, for failing to hold a scheduled seminar, or for any one (1) or any combination of the following causes- (A) The applicant or seminar provider or its seminar instructor was previously the holder of a license issued under sections 301.550 to 301.573, RSMo, which license was revoked for cause and never reissued by the department, or which license was suspended for cause and the terms of suspension have not been fulfilled;(B) The applicant or seminar provider or its seminar instructor was previously a partner, stockholder, director, or officer controlling or managing a partnership or corporation whose license issued under sections 301.550 to 301.573, RSMo, was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled;(C) The applicant or seminar provider or its seminar instructor has, within ten (10) years prior to the date of the application, been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a prosecution under the laws of any state or of the United States for any offense reasonably related to the qualifications, functions, or duties of any business licensed under sections 301.550 to 301.573, RSMo; for any offense, an essential element of which is fraud, dishonesty, or an act of violence; or for any offense involving moral turpitude, whether or not sentence is imposed;(D) Use of fraud, deception, misrepresentation, or bribery by the applicant or seminar provider or its seminar instructor in securing any certificate issued pursuant to section 301.560.9, RSMo;(E) The applicant's or seminar provider's or its seminar instructor's obtaining or attempting to obtain any money, commission, fee, barter, exchange, or other compensation by fraud, deception, or misrepresentation;(F) The applicant's or seminar provider's or its seminar instructor's violation of, or assisting or enabling any person to violate any provisions of Chapters 301, 306, 307, 407, 578, and 643, RSMo, or of any lawful rule or regulation adopted pursuant to Chapters 301, 306, 307, 407, 578, and 643, RSMo;(G) The applicant or seminar provider or its seminar instructor has filed an application for certification which, as of its effective date, was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;(H) The applicant or seminar provider or its seminar instructor has failed to pay the proper application or license fee or other fees required pursuant to Chapter 301 or 306, RSMo, or fails to establish or maintain a bona fide place of business as required by law;(I) The applicant or seminar provider or its seminar instructor is finally adjudged insane or incompetent by a court of competent jurisdiction;(J) The applicant's or seminar provider's or its seminar instructor's use of any advertisement or solicitation which is false; or(K) The applicant's or seminar provider's or its seminar instructor's violations of sections 407.511 to 407.556, RSMo, or section 578.120, RSMo, which resulted in a conviction or finding of guilt or violation of any federal motor vehicle laws which result in a conviction or finding of guilt.(9) The decision to revoke or refuse to issue or renew a certification of a provider is the final decision of the director.(10) Seminar providers must apply to the department for recertification by September 1 of each year.(11) Failure to hold scheduled or rescheduled seminars or maintain acceptable standards of training or providing false information to the director will result in the provider's certification becoming invalid upon notice by the director. AUTHORITY: section 301.553, RSMo 2000, and sections 301.560 to 301.573, RSMo 2000 and Supp. 2011.* Original rule filed May 15, 2008, effective Dec. 30, 2008. Amended: Filed Feb. 1, 2012, effective July 30, 2012. *Original authority: 301.553, RSMo 1988, amended 1989, 1993, 1995, 1997 and 301.560-301.573, see Missouri Revised Statutes.