Mo. Code Regs. tit. 12 § 10-26.221

Current through Register Vol. 49, No. 21, November 1, 2024.
Section 12 CSR 10-26.221 - Good Moral Character of Motor Vehicle Dealers, Manufacturers, Boat Dealers, Salvage Dealers, and Title Service Agents

PURPOSE: This amendment updates the methods of contacting the division director and moves the rule to Chapter 26.

(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 their 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 Attn: Division Director by mail at Division of Motor Vehicle and Driver Licensing, PO Box 629, Jefferson City, MO 65105, by fax at (573) 522-4197, or by email at dealerlic@dor.mo.gov.

12 CSR 10-26.221

Renumbered from 10-23.160 by Missouri Register July 1, 2024/volume 49, Number 13, effective 8/31/2024.