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Session Laws, 1974
Volume 713, Page 2395   View pdf image
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MARVIN MANDEL, Governor                                2395

INDIVIDUALS, AND BE SUBJECT TO ALL OF THE PENALTIES,
CONDITIONS AND RESTRICTIONS IMPOSED UPON LICENSEES UNDER
THE PROVISIONS OF THIS ARTICLE. IF THE APPLICATION IS
HADE FOR A PARTNERSHIP, THE LICENSE SHALL BE APPLIED FOR
AND BE ISSUED TO ALL THE PARTNERS AS INDIVIDUALS, AND IF
THE APPLICATION IS HADE FOR A CORPORATION, THE LICENSE
SHALL BE APPLIED FOR BY AND BE ISSUED IN THE CORPORATE
NAME.

5-906.

(A)    FOR THE PROTECTION OF THE PEOPLE OF THIS
STATE, THE ADMINISTRATION MAY, AFTER A PROPER HEARING,
REFUSE TO GRANT A LICENSE OR SEPARATE CERTIFICATES
EVIDENCING THE APPLICANT'S RIGHT TO DO BUSINESS AT
SPECIFIC LOCATIONS TO AN APPLICANT OR MAY SUSPEND, REVOKE
OR REFUSE TO CONTINUE THE LICENSEE'S RIGHT TO DO BUSINESS
AT ONE OR MORE OF ITS PLACES OF BUSINESS, IF THE
ADMINISTRATION FINDS THAT:

(1)    THE FACILITY HAS MADE A MATERIAL FALSE
STATEMENT IN ITS APPLICATION AND THE AUTOMOTIVE REPAIR
FACILITY CANNOT SHOW THAT THERE WAS A BONA FIDE ERROR;

(2)    THE VEHICLE REPAIR TRANSACTIONS OF THE
FACILITY HAVE BEEN MARKED BY A REPEATED PRACTICE OF
FAILURE TO PERFORM CONTRACTS, OR BY FRAUD; OR

(3)    THE FACILITY HAS OR IS ENGAGED IN A COURSE OF
REPEATED VIOLATIONS OF ANY OF THE REQUIREMENTS OF VEHICLE
REPAIR TRANSACTIONS AS SET FORTH IN THIS SUBHEADING.

(B)    WHERE AN AUTOMOTIVE REPAIR FACILITY OPERATES
MORE THAN ONE PLACE OF BUSINESS IN THIS STATE, THE
ADMINISTRATION SHALL ONLY REFUSE TO CONTINUE OR SHALL
SUSPEND OR REVOKE TEMPORARILY OR PERMANENTLY THE
REGISTRATION OF THE SPECIFIC PLACE OF BUSINESS WHICH HAS
VIOLATED THIS SECTION.

5-907.

THE ADMINISTRATION MAY, AFTER A PROPER HEARING, DENY
AN APPLICATION FOR A LICENSE OR RENEWAL OF A LICENSE OR
MAY DENY THE LICENSEE THE RIGHT TO DO BUSINESS AT ONE OR
MORE OF ITS PLACES OF BUSINESS OR MAY, AFTER A PROPER
HEARING, SUSPEND OR REVOKE AN ISSUED LICENSE OR MAY
SUSPEND OR REVOKE THE LICENSEE'S RIGHT TO DO BUSINESS AT
ONE OR MORE OF ITS PLACES OF BUSINESS. THE
ADMINISTRATION SHALL GRANT A HEARING TO A PARTY SO
AFFECTED WITHIN TEN DAYS AFTER RECEIVING A WRITTEN
BEQUEST FOR A HEARING. THE APPLICANT MAY BE HEARD IN
PERSON OR BY COUNSEL. THE HEARING SHALL BE AT A TIME AND
PLACE PRESCRIBED BY THE ADMINISTRATION. THE
ADMINISTRATION MAY INSPECT THE PERTINENT BOOKS, RECORDS,

 

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Session Laws, 1974
Volume 713, Page 2395   View pdf image
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