S.D. Codified Laws § 32-6B-41

Current through the 2024 Legislative Session

Section 32-6B-41 - Grounds for denial of license or application of provisions of sections 1 to 6, inclusive

The department may deny any application or apply the provisions of §§ 32-6B-41.1 to 32-6B-41.6, inclusive, on any license issued under the provisions of this chapter, for any of the following:

(1) Commission of fraud or willful misrepresentation in the application for or in obtaining a license;

(2) Conviction of a felony involving vehicle theft or odometer fraud in the last five years;

(3) A violation of any law of this state which relates to dealing in vehicles;

(4) Failure to comply with any administrative rule promulgated by the department;

(5) Perpetration of a fraud upon any person as a result of dealing in vehicles;

(6) Failure to apply for transfers of title as required in chapter 32-3;

(7) Failure to allow department inspections, including initial and annual inspections, complaint investigations, and necessary follow-up inspections;

(8) Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of vehicles which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of vehicles;

(9) Refusal to comply with a licensee's responsibility under the terms of the new vehicle warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;

(10) Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a vehicle;

(11) Inability to obtain or renew surety bond or to participate in a dealer asset pool;

(12) Failure to maintain and continuously occupy a principal place of business; or

(13) Failure to obtain or renew a public liability insurance policy of not less than three hundred thousand dollars, if the dealer has been given thirty days written notice to comply.

SDCL 32-6B-41

SL 1986, ch 250, § 42; SL 1989, ch 256, § 5; SL 1990, ch 239, § 3; SL 1990, ch 242, § 2; SL 1991, ch 245; SL 2005, ch 162, §7.