North Carolina § 20-294 - Grounds for denying, suspending, placing on probation, or revoking licenses.

§ 20-294. Grounds for denying, suspending, placing on probation, or revoking licenses.

The Division may deny, suspend, place on probation, or revoke a license issued under this Article for any one or more of the following grounds: Making a material misstatement in an application for a license. Willfully and intentionally failing to comply with this Article, Article 15 of this Chapter, or G.S. 20-52.1, 20-75, 20-79.1, 20-79.2, 20-108, 20-109, 20-109.3, or a rule adopted by the Division under this Article. Failing to have an established salesroom, if the license holder is a motor vehicle dealer, or failing to have an established office, if the license holder is a wholesaler. Willfully defrauding any retail buyer, to the buyer's damage, or any other person in the conduct of the licensee's business. Employing fraudulent devices, methods or practices in connection with compliance with the requirements under the laws of this State with respect to the retaking of motor vehicles under retail installment contracts and the redemption and resale of such motor vehicles. Using unfair methods of competition or unfair deceptive acts or practices. Knowingly advertising by any means, any assertion, representation or statement of fact which is untrue, misleading or deceptive in any particular relating to the conduct of the business licensed or for which a license is sought. Knowingly advertising a used motor vehicle for sale as a new motor vehicle. Being convicted of an offense set forth under G.S. 20-106, 20-106.1, 20-107, or 20-112 while holding such a license or within five years next preceding the date of filing the application; or being convicted of a felony involving moral turpitude under the laws of this State, another state, or the United States. Submitting a bad check to the Division of Motor Vehicles in payment of highway use taxes collected by the licensee. Knowingly giving an incorrect certificate of title, or failing to give a certificate of title to a purchaser, a lienholder, or the Division, as appropriate, after a vehicle is sold. Making a material misstatement in an application for a dealer license plate. Failure to pay a civil penalty imposed under G.S. 20-287. History (1955, c. 1243, s. 10; 1963, c. 1102; 1967, c. 1126, s. 2; 1975, c. 716, s. 5; 1977, c. 560, s. 3; 1983, c. 704, s. 4; 1985, c. 687; ss. 1, 2; 1991, c. 193, s. 2; 1993, c. 440, s. 11; 2001-345, ss. 3, 4; 2010-132, s. 16; 2014-108, s. 5(a); 2018-43, s. 4.) Editor's Note. - The preamble of Session Laws 2001-345, reads: "Whereas, not only the setting of standards to protect purchasers of motor vehicles but also the enforcement of substantial penalties applicable when those standards are not met is one of the most effective means to obtain this protection; and "Whereas, more complex laws governing regulation of the sale and distribution of motor vehicles such as the titling of a vehicle, warranties, collection of consumer debt pursuant to Federal Trade Commission regulations, and applicable tax provisions impose a greater number of duties upon independent automobile dealers; and "Whereas, the most effective and consistent means of informing both applicants for licensure and experienced, licensed motor vehicle dealers of major changes and increasing complexities in the law is to develop a program insuring the development and requirement of appropriate continuing education; Now, therefore." Effect of Amendments. - Session Laws 2001-345, ss. 3 and 4, effective July 1, 2002, and applicable to violations and offenses committed on or after that date and licenses issued to used motor vehicle dealers on or after that date, substituted "20-79.1" for "20-82" in subdivision (2); and added subdivision (13). Session Laws 2010-132, s. 16, effective December 1, 2010, and applicable to offenses committed on or after that date, inserted "20-79.2" in subdivision (2). Session Laws 2014-108, s. 5(a), effective October 1, 2014, inserted "placing on probation" in the section heading and inserted "place on probation" in the introductory paragraph. Session Laws 2018-43, s. 4, effective June 22, 2018, inserted "20-109.3" in subdivision (2).