75 IAC 6-5-1 Fines and civil penalties

Sec. 1. (a) The division may impose fines and civil penalties against a dealer that fails to comply with IC 9-32 or a rule promulgated by the division. (b) Fines are imposed by the division under the following schedule: Violation Fine Amount IC / IAC Offsite sale $1,000 IC 9-32-11-10 ; Multiple issuances of interim plates $500 75 IAC 6-3-8(b)(1) Misuse of interim plates $500 75 IAC 6-3-8 Issuance of interim plates to salvage vehicles $1,000 75 IAC 6-3-8(b)(5) Misuse of dealer plates $500 IC 9-32-6-10; 75 IAC 6-3-8(b)(5) Failure to disclose salvage or rebuilt status of vehicle $1,000 IC 9-32-13-6 ; Failure to maintain complete records $100 IC 9-32-4-1(b)(3); IC 9-32-6-14; IC 9-32-11-21; IC 9-32-16-6 ; Failure to produce records $500 IC 9-32-4-1(b)(3); IC 9-32-6-14; IC 9-32-11-21; IC 9-32-16-6 ; Purchase of detached catalytic converter without affidavit $1,000 IC 25-37.5-1-9 ; Failure to pay off trade-in within 10 days $500 IC 9-32-4-1(h) Failure to collect and remit sales tax $500 + uncollected sales tax IC 6-2.5-2-1; IC 9-32-13-5 ; Failure to add all dealer owners and/or submit to background check $250 IC 9-32-16-11(f) Failure to notify the division of change of name/address/entity $250 IC 9-32-11-6(b) Unauthorized consignment sale $500 75 IAC 6-2-8 Sunday sale $500 IC 24-4-6-1 ; (c) A fine assessed under this rule: (1) shall be issued for each violation of the identified statute or rule; and (2) may be issued in conjunction with any other action taken by the division under IC 9-32 or a rule promulgated by the division. (d) The division may waive a fine imposed under this article if: (1) the division is proposing to fine the dealer for a single violation; (2) the dealer has not been fined by the division within one (1) calendar year before the date the fine is imposed; and (3) the division has not waived a fine within one (1) calendar year before the date the fine is imposed. The division shall notify the dealer of the violation and waiver of the fine under this subsection.