41-3-105 - Administrator's powers and duties -- Administrator and investigators to be law enforcement officers.
41-3-105. Administrator's powers and duties -- Administrator and investigators tobe law enforcement officers.
(1) The administrator may make rules to carry out the purposes of this chapter andSections 41-1a-1001 through 41-1a-1007 according to the procedures and requirements of Title63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) (a) The administrator may employ clerks, deputies, and assistants necessary todischarge the duties under this chapter and may designate the duties of those clerks, deputies, andassistants.
(b) The administrator, assistant administrator, and all investigators shall be lawenforcement officers certified by peace officer standards and training as required by Section53-13-103.
(3) (a) The administrator may investigate any suspected or alleged violation of:
(i) this chapter;
(ii) Title 41, Chapter 1a, Motor Vehicle Act;
(iii) any law concerning motor vehicle fraud; or
(iv) any rule made by the administrator.
(b) The administrator may bring an action in the name of the state against any person toenjoin a violation found under Subsection (3)(a).
(4) (a) The administrator may prescribe forms to be used for applications for licenses.
(b) The administrator may require information from the applicant concerning theapplicant's fitness to be licensed.
(c) Each application for a license shall contain:
(i) if the applicant is an individual, the name and residence address of the applicant andthe trade name, if any, under which the applicant intends to conduct business;
(ii) if the applicant is a partnership, the name and residence address of each partner,whether limited or general, and the name under which the partnership business will beconducted;
(iii) if the applicant is a corporation, the name of the corporation, and the name andresidence address of each of its principal officers and directors;
(iv) a complete description of the principal place of business, including:
(A) the municipality, with the street and number, if any;
(B) if located outside of any municipality, a general description so that the location canbe determined; and
(C) any other places of business operated and maintained by the applicant in conjunctionwith the principal place of business;
(v) if the application is for a new motor vehicle dealer's license, the name of each motorvehicle the applicant has been enfranchised to sell or exchange, the name and address of themanufacturer or distributor who has enfranchised the applicant, and the names and addresses ofthe individuals who will act as salespersons under authority of the license;
(vi) at least five years of business history;
(vii) the federal tax identification number issued to the dealer; and
(viii) the sales and use tax license number issued to the dealer under Title 59, Chapter 12,Sales and Use Tax Act.
(5) The administrator may adopt a seal with the words "Motor Vehicle EnforcementAdministrator, State of Utah," to authenticate the acts of the administrator's office.
(6) (a) The administrator may require that the licensee erect or post signs or devices onthe licensee's principal place of business and any other sites, equipment, or locations operatedand maintained by the licensee in conjunction with the licensee's business.
(b) The signs or devices shall state the licensee's name, principal place of business, typeand number of licenses, and any other information that the administrator considers necessary toidentify the licensee.
(c) The administrator may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, determining allowable size and shape of signs or devices, theirlettering and other details, and their location.
(7) (a) The administrator shall provide for quarterly meetings of the advisory board andmay call special meetings.
(b) Notices of all meetings shall be sent to each member not fewer than five days prior tothe meeting.
(8) The administrator, the officers and inspectors of the division designated by thecommission, and peace officers shall:
(a) make arrests upon view and without warrant for any violation committed in theirpresence of any of the provisions of this chapter, or Title 41, Chapter 1a, Motor Vehicle Act;
(b) when on duty, upon reasonable belief that a motor vehicle, trailer, or semitrailer isbeing operated in violation of any provision of Title 41, Chapter 1a, Motor Vehicle Act, requirethe driver of the vehicle to stop, exhibit the person's driver license and the registration cardissued for the vehicle and submit to an inspection of the vehicle, the license plates, andregistration card;
(c) serve all warrants relating to the enforcement of the laws regulating the operation ofmotor vehicles, trailers, and semitrailers;
(d) investigate traffic accidents and secure testimony of witnesses or persons involved;and
(e) investigate reported thefts of motor vehicles, trailers, and semitrailers.
(9) The administrator may contract with a public prosecutor to provide additionalprosecution of this chapter.
Amended by Chapter 393, 2010 General Session