Substitute Senate Bill No. 454
          Substitute Senate Bill No. 454

               PUBLIC ACT NO. 98-34


AN   ACT   DEFINING   OPERATIONAL   STANDARDS  FOR
AUTOMOTIVE DEALERS AND REPAIRERS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section   1.  Section  14-64  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    The  commissioner  may  suspend  or revoke the
license or licenses of any licensee [,] OR  impose
a  civil  penalty  of  not  more than one thousand
dollars FOR EACH  VIOLATION  on  any  licensee  or
[suspend  or revoke the license or licenses of any
licensee and impose a civil penalty  of  not  more
than  one  thousand dollars on any licensee] BOTH,
when, after notice and hearing, he finds that  the
licensee  (1)  has  violated  any provision of any
statute or regulation of any state or any  federal
statute  or  regulation pertaining to his business
as a licensee; or (2) has failed to maintain  such
records  of  transactions concerning the purchase,
sale  or  repair  of  motor  vehicles   or   major
component  parts,  as required by such regulations
as shall be adopted by  the  commissioner,  for  a
period  of  two years after such purchase, sale or
repairs, provided the records  shall  include  the
vehicle  identification  number  and  the name and
address of the person from whom  each  vehicle  or
part  was  purchased  and  to whom each vehicle or
part was sold, if a  sale  occurred;  or  (3)  has
failed  to allow inspection of such records by the
commissioner or his representative  during  normal
business  hours,  provided  written notice stating
the purpose of the inspection is furnished to  the
licensee,  or  has  failed  to allow inspection of
such records by any representative of the Division
of  State  Police  within the Department of Public
Safety or any organized local  police  department,
which  inspection  may  include examination of the
premises  to  determine  the  accuracy   of   such
records;  or  (4) has made a false statement as to
the condition, prior ownership or prior use of any
motor   vehicle   sold,   exchanged,  transferred,
offered for sale or repaired IF THE LICENSEE  KNEW
OR  SHOULD  HAVE  KNOWN  THAT  SUCH  STATEMENT WAS
FALSE; or (5) is  not  qualified  to  conduct  the
licensed   business,  applying  the  standards  of
section 14-51 and the applicable  regulations;  or
(6)  has violated any provision of sections 42-221
to 42-226, inclusive; OR (7) HAS FAILED  TO  FULLY
EXECUTE  OR PROVIDE THE BUYER WITH (A) AN ORDER AS
DESCRIBED IN SECTION 14-62, AS  AMENDED,  (B)  THE
PROPERLY  ASSIGNED  CERTIFICATE OF TITLE, OR (C) A
TEMPORARY TRANSFER OR NEW ISSUE  OF  REGISTRATION;
OR  (8) HAS FAILED TO DELIVER A MOTOR VEHICLE FREE
AND   CLEAR   OF   ALL   LIENS,   UNLESS   WRITTEN
NOTIFICATION  IS  GIVEN  TO THE BUYER STATING SUCH
MOTOR VEHICLE SHALL  BE  PURCHASED  SUBJECT  TO  A
LIEN;   OR  (9)  HAS  VIOLATED  ANY  PROVISION  OF
SECTIONS 14-65f TO 14-65j,  INCLUSIVE.  Where  the
commissioner  has  made  such  finding,  he  shall
require  the  licensee,  as  a  condition  to  his
continued  licensure  or  the reinstatement of the
license following its suspension or revocation, to
furnish to the commissioner a bond satisfactory to
him  in  the  amount  of  one  thousand   dollars,
conditioned   upon   compliance   with   all  laws
pertaining to the business of the licensee and the
regulations of the commissioner, which bond may be
forfeited for  further  violation  and  the  claim
arising  therefrom shall be settled or compromised
subject to the approval of the  commissioner.  The
commissioner   shall  return  any  bond  furnished
pursuant to this section if one year  has  elapsed
from   the  date  the  bond  was  filed  with  the
commissioner and no finding has been made  by  him
of additional violations and no hearing is pending
which could result in the forfeiture of  the  bond
or  if  the  licensee  is no longer engaged in the
business  for   which   he   was   licensed.   The
commissioner  may  also order any such licensee to
make restitution to any aggrieved customer.
    Sec.  2.  (NEW)  (a) The Commissioner of Motor
Vehicles  may  conduct  investigations  and   hold
hearings  on  any  matter  under the provisions of
sections  14-51  to  14-65j,  inclusive,  of   the
general  statutes,  as  amended  by  this act. The
commissioner  may  issue   subpoenas,   administer
oaths,  compel  testimony and order the production
of books, records and  documents.  If  any  person
refuses  to  appear,  to testify or to produce any
book, record, paper or document when  so  ordered,
upon  application  of the commissioner, a judge of
the Superior Court may make such order as  may  be
appropriate  to  aid  in  the  enforcement of this
section.
    (b)  The  Attorney  General, at the request of
the commissioner, is authorized to  apply  in  the
name  of  the state of Connecticut to the Superior
Court for  an  order  temporarily  or  permanently
restraining   and   enjoining   any   person  from
violating  any  provision  of  sections  14-51  to
14-65j,  inclusive,  of  the  general statutes, as
amended by this act.

Approved May 19, 1998