Okla. Stat. tit. 47, § 47-584: Denial, revocation or suspension of license – Fine -

Grounds.

A. The Oklahoma Used Motor Vehicle, Dismantler, and

Manufactured Housing Commission may deny an application for a

license, impose a fine not to exceed One Thousand Dollars

($1,000.00) per occurrence and/or revoke or suspend a license after

it has been granted, when any provision of Sections 581 through 588

of this title is violated or for any of the following reasons:

1. On satisfactory proof of unfitness of the applicant or the

licensee, as the case may be, under the standards established by

Sections 581 through 588 of this title;

2. For fraud practices or any material misstatement made by an

applicant in any application for license under the provisions of

Sections 581 through 588 of this title;

3. For any willful failure to comply with any provision of

Section 581 et seq. of this title or with any rule promulgated by

the Commission under authority vested in it by Sections 581 through

588 of this title;

4. Change of condition after license is granted resulting in

failure to maintain the qualifications for license;

5. Continued or flagrant violation of any of the rules of the

Commission;

6. Being a used motor vehicle dealer, a used motor vehicle

salesperson, a wholesale used motor vehicle dealer, or a

manufactured home dealer, a restricted manufactured home park

dealer, a manufactured home installer, a manufactured home

salesperson or a manufactured home manufacturer who:

a. resorts to or uses any false or misleading advertising

in connection with business as a used motor vehicle

dealer, wholesale used motor vehicle dealer or a

restricted manufactured home park dealer or

manufactured home dealer, installer or manufacturer,

b. has committed any unlawful act which resulted in the

revocation of any similar license in another state,

c. has been convicted of a felony crime that

substantially relates to the occupation of a used

motor vehicle dealer, a wholesale used motor vehicle

dealer, a manufactured home dealer, a restricted

manufactured home park dealer, a manufactured home

installer or a manufactured home manufacturer and

poses a reasonable threat to public safety,

d. has committed a fraudulent act in selling, purchasing

or otherwise dealing in motor vehicles or manufactured

homes or has misrepresented the terms and conditions

of a sale, purchase or contract for sale or purchase

of a motor vehicle or manufactured home or any

interest therein including an option to purchase such

motor vehicles or manufactured homes,

e. has engaged in business under a past or present

license issued pursuant to Sections 581 through 588 of

this title, in such a manner as to cause injury to the

public or to those with whom the licensee is dealing,

f. has failed to meet or maintain the conditions and

requirements necessary to qualify for the issuance of

a license,

g. has failed or refused to furnish and keep in force any

bond required under Sections 581 through 588 of this

title,

h. has installed or attempted to install a manufactured

home in an unworkmanlike manner, or

i. employs a person in connection with the sale of

manufactured homes without first obtaining a

certificate of registration for the person;

7. Being a used motor vehicle dealer who:

a. does not have an established place of business,

b. employs a person in connection with the sale of used

vehicles without first obtaining a certificate of

registration for the person,

c. fails or refuses to furnish or keep in force single

limit liability insurance on any vehicle offered for

sale and otherwise required under the financial

responsibility laws of this state, or

d. is not operating from the address shown on the license

if this change has not been reported to the

Commission; or

8. Being a manufactured home dealer or a restricted

manufactured home park dealer who:

a. does not have an established place of business,

imit liability insurance on any vehicle offered for

sale and otherwise required under the financial

responsibility laws of this state, or

d. is not operating from the address shown on the license

if this change has not been reported to the

Commission; or

8. Being a manufactured home dealer or a restricted

manufactured home park dealer who:

a. does not have an established place of business,

b. fails or refuses to furnish or keep in force garage

liability and completed operations insurance, or

c. is not operating from the address shown on the license

if this change has not been reported to the

Commission.

B. 1. The Commission shall deny an application for a license,

or revoke or suspend a license after it has been granted, if a

manufactured home dealer does not meet the following guidelines and

restrictions:

a. a display area for manufactured homes which is easily

accessible, with sufficient parking for the public,

b. an office for conducting business where the books,

records, and files are kept, with access to a restroom

for the public,

c. a place of business which meets all zoning, occupancy

and other requirements of the appropriate local

government and regular occupancy by a person, firm, or

corporation engaged in the business of selling

manufactured homes, and

d. a place of business which is separate and apart from

any other dealer’s location.

2. The Commission shall deny an application for a restricted

manufactured home park dealer license, or revoke or suspend a

license after it has been granted, if a manufactured home park

dealer does not satisfy the following guidelines and restrictions:

a. only mobile or manufactured homes that are “ready for

occupancy” are sold or offered for sale,

b. maintains an office for conducting business where the

books, records, and files are kept, with access to a

restroom for the public,

c. maintains a place of business which meets all zoning,

occupancy and other requirements of the appropriate

local government and regular occupancy by a person,

firm or corporation engaged in the business of selling

manufactured homes inside a park, and

d. maintains a place of business which is separate and

apart from any other dealer’s location.

C. The Commission shall deny an application for a license, or

revoke or suspend a license after it has been granted, if a

manufactured home installer:

1. Installs or attempts to install a manufactured home in a

manner that is not in compliance with installation standards as set

by the Commission pursuant to rule; or

2. Violates or fails to comply with any applicable rule as

promulgated by the Commission concerning manufactured home

installers.

D. The Commission shall deny an application for a license, or

revoke or suspend a license after it has been granted, if a

manufactured home manufacturer violates or fails to comply with any

applicable rule as promulgated by the Commission concerning

manufactured home manufacturers.

E. The Commission shall deny an application for a license by a

motor vehicle manufacturer or factory if the application is for the

purpose of selling used motor vehicles to any retail consumer in the

state, other than through its retail franchised dealers, or acting

as a broker between a seller and a retail buyer. This subsection

does not prohibit a manufacturer from selling used motor vehicles

where the retail customer is a nonprofit organization or a federal,

state, or local government or agency. This subsection does not

prohibit a manufacturer from providing information to a consumer for

the purpose of marketing or facilitating the sale of used motor

vehicles or from establishing a program to sell or offer to sell

used motor vehicles through the manufacturer’s retail franchised

dealers as provided for in Sections 561 through 580.2 of this title.

state, or local government or agency. This subsection does not

prohibit a manufacturer from providing information to a consumer for

the purpose of marketing or facilitating the sale of used motor

vehicles or from establishing a program to sell or offer to sell

used motor vehicles through the manufacturer’s retail franchised

dealers as provided for in Sections 561 through 580.2 of this title.

This subsection shall not prevent a factory from obtaining a

wholesale used motor vehicle dealer’s license or the factory’s

financing subsidiary from obtaining a wholesale used motor vehicle

dealer’s license.

F. If the Commission denies issuance of a license the

Commission shall provide the grounds for the action to the applicant

in writing and allow the applicant sixty (60) days to resolve any

issues that are the grounds for the action.

G. Each of the aforementioned grounds for suspension,

revocation, or denial of issuance or renewal of license shall also

constitute a violation of Sections 581 through 588 of this title,

unless the person involved has been tried and acquitted of the

offense constituting such grounds.

The suspension, revocation or refusal to issue or renew a

license or the imposition of any other penalty by the Commission

shall be in addition to any penalty which might be imposed upon any

licensee upon a conviction at law for any violation of Sections 581

through 588 of this title.

H. As used in this section:

1. “Substantially relates” means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. “Poses a reasonable threat” means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.