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statutes is repealed and the following is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