46.2-1985 - Grounds for denying, suspending, or revoking licenses or certificates of dealer registration or qualification.
§ 46.2-1985. Grounds for denying, suspending, or revoking licenses orcertificates of dealer registration or qualification.
A license or certificate of dealer registration or qualification issued underthis subtitle may be denied, suspended, or revoked on any one or more of thefollowing grounds:
1. Material misstatement or omission in application for license, dealer'slicense plates, certificate of dealer registration, certificate ofqualification, or certificate of title;
2. Failure to comply subsequent to receipt of a written warning from theDepartment or any willful failure to comply with any provision of thischapter or any applicable provision of this subtitle or any applicableregulation promulgated under this subtitle;
3. Failure to have an established place of business as defined in § 46.2-1910or failure to have as the dealer-operator an individual who holds a validcertificate of qualification;
4. Defrauding any retail buyer, to the buyer's damage, or any other person inthe conduct of the licensee's or registrant's business;
5. Employment of fraudulent devices, methods or practices in connection withcompliance with the requirements under the statutes of the Commonwealth withrespect to the retaking of vehicles under retail installment contracts andthe redemption and resale of those vehicles;
6. Having used deceptive acts or practices;
7. Knowingly advertising by any means any assertion, representation, orstatement of fact which is untrue, misleading, or deceptive in any particularrelating to the conduct of the business licensed or registered under thissubtitle or for which a license or registration is sought;
8. Having been convicted of any fraudulent act in connection with thebusiness of selling vehicles or any consumer-related fraud;
9. Having been convicted of any criminal act involving the business ofselling vehicles;
10. Willfully retaining in his possession title to a vehicle that has notbeen completely and legally assigned to him;
11. Failure to comply with any provision of Chapter 4.1 (§ 36-85.2 et seq.)of Title 36 or any regulation promulgated pursuant to that chapter;
12. Leasing, renting, lending, or otherwise allowing the use of a dealer'slicense plate by persons not specifically authorized under this title;
13. Having been convicted of a felony;
14. Failure to submit to the Department, within thirty days from the date ofsale, any application, tax, or fee collected for the Department on behalf ofa buyer;
15. Having been convicted of larceny of a vehicle or receipt or sale of astolen vehicle;
16. Having been convicted of odometer tampering or any related violation;
17. If a salvage dealer, salvage pool, or rebuilder, failing to comply withany provision of Chapter 16 of this title or any regulation promulgated bythe Commissioner under that chapter;
18. Failing to maintain liability insurance, issued by a company licensed todo business in the Commonwealth, or a certificate of self-insurance asdefined in § 46.2-368, with respect to each dealer's license plate issued tothe dealer by the Department; or
19. Failing or refusing to pay civil penalties imposed by the Commissionerpursuant to § 46.2-1907.
(1995, cc. 767, 816; 1996, cc. 1043, 1052; 1999, c. 217.)