THE LOUISIANA MOTOR VEHICLE COMMISSION RULES …

1 LMVC RULES & Regulations Page 1 THE LOUISIANA MOTOR VEHICLE COMMISSIONRULES AND REGULATIONS( 32: 1253(E))The LOUISIANA MOTOR VEHICLE COMMISSION , at its regular meeting held at its executive offices, 234 Loyola Avenue,New Orleans, LOUISIANA , on the First day of July, 1957, on motion duly made, seconded and unanimously approved,adopted RULES and regulations under and pursuant to the authority vested in said COMMISSION by LOUISIANA RevisedStatutes 32:1253(E). Subsequently, under and pursuant to this same authority on October 11, 1960 and on March18, 1962 and on October 8, 1963 and on April 13, 1964 and on June 8, 1965 and on November 9, 1965 and on June14, 1966 and on March 26, 1968 and on June 6, 1974 and on June 9, 1975, and on August 20, 1983, and on May20, 1985 additions and revisions to these RULES and regulations were adopted and made a part 1.

2 No one (not excepted by 32:1252(3)) shall engage in business in the capacity of motorvehicle dealer or MOTOR VEHICLE salesman, or manufacturer, distributor or wholesaler of MOTOR vehicles, or factorybranch, distributor branch or factory representative or distributor representative, in LOUISIANA without first obtaininga license for the particular capacity under the provisions of the LOUISIANA MOTOR VEHICLE COMMISSION Law ( :1251-1260, relative to the distribution and sale of new or unused MOTOR vehicles).Anyone acting in more than one of such capacities must qualify for and have a current license for each suchcapacity; for example, the holding of a license as a MOTOR VEHICLE dealer does not permit such licensee to make salesfor having more than one place where such business is carried on or conducted must obtain and holda current license for each place of 2.

3 All applications for licenses under the LOUISIANA MOTOR VEHICLE COMMISSION Law, hereafter forconvenience referred to simply as the Law , shall be made upon forms prescribed by the LOUISIANA MOTOR VehicleCommission, hereinafter for convenience referred to simply as the COMMISSION , and every such applicant shallfurnish such information and such accompanying documents as may be required by said forms, copies of which areannexed hereto and made part hereof, and such supplemental information as may be required by the 3. No application will be considered unless accompanied by the fee or fees prescribed by 4. Any persons, firms, associations, corporations, or trusts engaging in any business subject tolicense under the LOUISIANA MOTOR VEHICLE COMMISSION Law without first obtaining such license, are in violationof the law from the moment they first begin business without such license, and thereby subject to criminalprosecution and other actions provided by 5.

4 All communications with the COMMISSION should be addressed to its office, 3519 12th Street,Metairie, LOUISIANA 70002. All necessary forms may be obtained at such 6. (A) The time and place for hearings to be held by the COMMISSION shall be as designated by theCommission. Ten (10) days written notice, in accordance with 32:1256, will be given to the licenseeconcerned, of hearings to be held to consider suspension or revocation of license. An applicant whose license hasbeen denied and whose request for a hearing has been received by the COMMISSION will be given ten (10) days written notice of the time and place set for such hearing unless such notice is expressly waived, in writing, by theLMVC RULES & Regulations Page 2applicant concerned.

5 The notice of hearing to consider suspension or revocation shall include all charges madeagainst a licensee in sufficient detail that the accused may know the violations from which the charges case the notice is of a hearing to review the denial of a license, the notice shall contain the reason or reasons forsuch denial of which the applicant has been previously notified in order that the applicant shall have a fullopportunity to disprove, avoid, or otherwise meet such reasons by evidence. Such notice may be sent by registeredor certified mail to the last address furnished to the COMMISSION by the applicant or the licensee.(B) Within ten (10) days from the time of receipt of the notice of hearing the accused licensee shall file induplicate with the Executive Secretary of the COMMISSION an answer admitting or denying separately and in goodfaith each statement of fact made in the notice.

6 If the accused has no knowledge of the truth of any particular fact,he shall so state and it shall be taken as denied. Any fact not expressly denied, or knowledge thereof disclaimed,shall be considered admitted. This rule is for the purpose of preventing the loss of time and expense frequentlyoccasioned in proving and recording facts about which there is no real controversy.(C) Where an answer is filed which puts in issue material facts in the notice, the COMMISSION will arrangefor a reporter to transcribe the proceedings. Where no such answer is filed, the COMMISSION may consider thecharges as confessed and take appropriate action.(D) Where the charges against the accused are based on an official record of any court or tribunal at whichthe accused had opportunity to be heard, the COMMISSION may issue an order citing the accused to show cause whythe COMMISSION should not take such action as the COMMISSION shall indicate in the order.

7 In such cases the burdenof proof shall be on the party directed to show cause.(E) The COMMISSION shall not be bound by the RULES of evidence applicable in a court and it may admit andgive probative effect to any evidence which possesses such probative value as would entitle it to be accepted byreasonably prudent men in the conduct of their affairs; provided, however, that the COMMISSION shall give effectto the RULES of privilege recognize by law and may exclude incompetent, irrelevant, immaterial, or duly repetitiousevidence and may make rulings to protect witnesses from undue harassment or oppression.(F) All evidence, including records and documents, in the possession of the COMMISSION of which it desiresto avail itself, shall be offered and made a part of the record in the case, and no other factual information or evidenceshall be considered in the determination of the case.

8 Documentary evidence may be received in the form of copiesor excerpts or by incorporation by reference.(G) Every party shall have the right of cross-examination of witnesses who testify, and shall have the rightto submit rebuttal evidence.(H) In hearings concerning the denial of an application for a license, the burden of going forward with theevidence shall be on the applicant; otherwise, it shall be upon the COMMISSION . Every party shall have the right ofcross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence.(I) Five (5) members of the COMMISSION shall constitute a quorum for any meeting or hearing, and a majoritythereof may act on any matter within the jurisdiction of the 7.

9 The Executive Secretary of the COMMISSION shall have charge of the office of said COMMISSION ,the clerical help therein, the books and records of the COMMISSION , and the financial accounts of the COMMISSION ,subject to the orders and instructions of the COMMISSION . He shall attend to such routine correspondence and otheractivities as may not require official action by the COMMISSION itself, and shall perform such other tasks as theCommission may delegate to him. He shall endeavor to obtain all necessary information and so handle and processLMVC RULES & Regulations Page 3the preliminary aspects of matters which are to come before the COMMISSION for official action that when placedbefore the COMMISSION the matter will be in shape for proper official 8.

10 The Executive Secretary shall, as and when directed by the COMMISSION , issue such subpoenasas the COMMISSION may designate to bring before the COMMISSION any person in this State, to give testimony underoath, as well as for the purpose of compelling production of records and papers, relative to matters to beinvestigated, considered or heard by the 9. Any party to a hearing desiring the attendance of witnesses upon his behalf shall have the rightto seek compulsory attendance of such witnesses, provided said party shall file a list of the names and addresses ofsuch witnesses with the Executive Secretary of the COMMISSION at least five (5) days before the date set for thehearing.