23 CAR § 410-703. Obtaining approval to conduct off-premises sales

(a) In order to obtain approval to sponsor an off-premises sale for new motor vehicle dealers, a sponsor must: (1) Invite all local new motor vehicle dealers to participate in the off-premises sale; and (2)(A) Submit the request to conduct an off-premises sale for approval to the Arkansas Motor Vehicle Commission on the form provided by the commission office at least forty-five (45) days prior to opening day of the off-premises sale. (B) The forty-five-day requirement may be waived by the Director of the Arkansas Motor Vehicle Commission for good cause shown. (C) Attached to the request form shall be: (i) A list of all dealers to whom invitations have been extended, with the address, telephone, and the name of the contact person; (ii) A list of all line-makes to be offered at the off-premises sale; (iii) A statement signed by the sponsor assuring that adequate space will be made available for all invited dealers; (iv) A sample: (a) Notice; (b) Invitation; or (c) Registration form; (v) Two (2) tickets to the off-premises sale, if there is an admission fee; (vi) If approval is obtained, a copy of the approved form from the commission must be forwarded to each participant. (b) In order to obtain approval to sponsor an off-premises sale for used motor vehicles of new motor vehicle dealers or commission-licensed branches, a sponsor must: (1) Invite all local new motor vehicle dealers or their commission-licensed branches to participate in the off-premises sale; (2)(A) Submit the request to conduct an off-premises sale for approval to the commission on the form provided by the commission office at least forty-five (45) days prior to opening day of the off-premises sale. (B) The forty-five-day requirement may be waived by the director for good cause shown. (C) Attached to the request form shall be: (i) A list of all new motor vehicle dealers and/or their commission-licensed branches to whom invitations have been extended, with the address, telephone, and name of the contact person; (ii) A statement signed by the sponsor assuring that adequate space will be made available for all invited new motor vehicle dealers and/or the commission-licensed branches; (iii) A sample: (a) Notice; (b) Invitation; or (c) Registration form; (iv) Two (2) tickets to the off-premises sale, if there is an admission fee; and (v) If approval is obtained, a copy of the approved form from the commission must be forwarded to each participant; and (3) Each off-premises sale of used motor vehicles conducted by a new motor vehicle dealer or an commission-licensed branch, must be advertised under that specific new motor vehicle dealer’s corporate name, the DBA name reflected on the commission license or the commission-licensed branch name reflected on the commission license, and all documents utilized in the sale of a used motor vehicle must be recognizable to the prospective purchaser as to specific dealer origin.