broadcasting, printing, publishing, or advertising for others in their own names. (c) Brokering New Motor Vehicles. (1) A buyer referral service, program, plan, club, or any other entity that accepts fees for arranging a transaction involving the sale of a new motor vehicle is a broker. The payment of a fee to such entity is aiding and abetting brokering. However, any service, plan, program, club, or other entity that forwards referrals to dealerships may lawfully operate if the following conditions are met: (A) There are no exclusive market areas offered to dealers by the program and all dealers are allowed to participate on equal terms; (B) (i) Participation by dealers in the program is not restricted by conditions such as limiting the number of franchise lines or discrimination by size of dealership or location. (ii) Total number of participants in the program may be restricted if the program is offered to all dealers at the same time with no regard to the franchise; (C) All participants pay the same fee for participation in the program and that shall be a weekly, monthly, or annual fee, regardless of the size, location, or line make of the dealership; (D) A person is not to be charged a fee on a per referral basis or any other basis that could be considered a transaction-related fee; (E) The program does not set or suggest to the dealer or customer any price of vehicles or trade-ins; and (F) The program does not advertise or promote its plan in the manner that implies that the buyer, as a customer of that program, receives a special discounted price that cannot be obtained unless the customer is referred through that program. (2) All programs must comply with Rule 3 of the Arkansas Motor Vehicle Commission Rules. (d) The provisions of this section do not apply to any person or entity which is exempt from this chapter. History. Acts 1975, No. 388, § 10; 1985, No. 1032, § 6; 1985, No. 1058, § 6 A.S.A. 1947,§ 75-2310; Acts 2001, No. 1053, § 17; 2009, No. 756, § 17. 23-112-407. [Repealed.] SUBCHAPTER 5. HEARINGS AND APPEALS. SECTIONS. 23-112-501. Right to Hearing. 23-112-502. Call for Hearing. 23-112-503. Notice - Location of Hearing. 23-112-504. Conduct of Hearing. 23-112-505. Decisions and Orders of Commission - Quorum. 23-112-506. Appeals. 23-112-507. Exhaustion of Remedies Required - Exception. 23-112-508. Rules of Order or Procedure. 23-112-509. Summons, Citation, and Subpoena. 23-112-501. Right to Hearing. (a) (1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission. (2) Within thirty (30) days after the Executive Director denies an application under subdivision (a)(1) of this section, the affected applicant may protest the Executive Director’s decision and request a hearing before the commission. (b) The Commission shall not: (1) Revoke or suspend a license without first giving the licensee a hearing or an opportunity to be heard on the question of whether there are sufficient grounds under this chapter upon which to base the revocation or suspension; or (2) Impose a civil penalty pursuant to §23-112-314 and §23-112-1020 without first giving the respondent a hearing pursuant to the Arkansas Administrative Procedure Act, §25-15-201 et seq. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1999, No. 1042, § 10; 2009, No.756, § 18; 2013, No.1043, § 9. 23-112-502. Call for Hearing. (a) Any interested party may petition the Arkansas Motor Vehicle Commission to call a hearingfor the purpose of taking action in respect to any matter within the Commission’s jurisdiction by filing with the Commission a notarized complaint setting forth grounds upon which the complaint is based. Upon review of the complaint, the Commission shall determine whether to call a hearing. (b) On its own motion, the Commission may call a hearing for the purpose of taking action in respect to any matter within its jurisdiction. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1989, No. 65, § 7; 1999, No.1042, § 11. 23-112-503. Notice - Location of Hearing. (a) When a hearing is to be held before the Arkansas Motor Vehicle Commission, the Commission shall give written notice to all parties whose rights may be affected thereby. (b) The notice shall set forth the reason for the hearing, the questions or issues to be decided by the Commission at the hearing, and the time and the place of the hearing. (c) All notices shall be mailed to all parties whose rights may be affected by the hearing by registered or certified mail and addressed to their last known address. (d) Any hearing shall be held in the county of where the principal office of the Commission is located unless both parties agree to an alternate location. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 2009, No. 756, § 19. 23-112-504. Conduct of Hearing. All hearings shall be conducted pursuant to the provisions of the Arkansas Administrative Procedure Act, §25-15-201 et seq. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1999, No. 1042, § 12. 23-112-505. Decisions and Orders of Commission – Quorum (a) All decisions of the Arkansas Motor Vehicle Commission with respect to the hearings provided for in this subchapter shall be incorporated into orders of the Commission and spread upon its minutes. (b) A majority of the members of the Commission shall constitute a quorum for purposes of rendering an order, and no order will issue except upon the affirmative vote of a majority of the quorum of the members of the Commission as established under §23-112-201. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1989, No. 678, § 2; 1995, No.568, § 11. 23-112-506. Appeals. Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, §25-15-201 et seq. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1993, No. 383, § 3. 23-112-507. Exhaustion of Remedies Required – Exception. No decision of the Arkansas Motor Vehicle Commission made as a result of a hearing under the provisions of this subchapter shall become final with respect to any party affected and aggrieved by the decision until the party has exhausted, or shall have had an opportunity to exhaust, all of his or her remedies provided for by this subchapter. However, any decision may be made final if the Commission finds that failure to do so would be detrimental to the public interest or public welfare, but the finality of the decision shall not prevent any party affected and aggrieved thereby to appeal the decision in accordance with the appellate procedure set forth in this subchapter. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307. 23-112-508. Rules of Order or Procedure. (a) The Arkansas Motor Vehicle Commission shall prescribe its rules of order or procedure in hearings, or other proceedings before it, under this chapter. (b) However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter. History. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307. 23-112-509. Summons, Citation, and Subpoena. (a) It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the Arkansas Motor Vehicle Commission, when so directed by the Commission, to execute any summons, citation, or subpoena that the Commission may cause to be issued and to make their return thereof to the Commission. Arkansas Automobile Dealers Association | 41 ARKANSAS MOTOR VEHICLE COMMISSION ACT
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