Administrative Rule Review Report  #AR07-059

Legislative Service Office

22-Oct-07

AGENCY: Department of Transportation.

DATE SUBMITTED: October 22, 2007.

SUBJECT: Chapter 5, Vehicle Dealers.

NATURE OF RULES:                     Legislative

STATUTORY AUTHORITY:         W.S. 31-16-103(j)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO: 

Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

SUMMARY OF RULES:

These Wyoming Department of Transportation (WyDoT) proposed rules are in part new rules in response to 2007 Session Laws, Chapter 48 § 2 as it amended W.S. 7-19-106 and 7-19-201 allowing access to criminal history records for vehicle dealer licensing. 

Chapter 5 (Vehicle Dealers) Section 2 (Principal Place of Business)  is amended to require a vehicle dealer to provide a color photograph to WyDoT showing its "space to display vehicles", as well as its lot, buildings and signs.  Section 2 is further amended to require that any space dedicated to display vehicles shall be identified in a lease or rental agreement.

Section 10 (Criminal History Background Requirements) is created  to implement criminal history background provisions. Section 10 requires all persons applying for a dealer, a Wyoming-based manufacturer license or special sales permit to submit to fingerprinting to obtain state and national criminal history background information.  The criminal history background check will be done annually as a condition of license renewal. The applicant must fill out two "fingerprint cards"; one "orange state card" and one "blue Federal Bureau of Investigation (FBI) applicant fingerprint card".  The cards will be submitted to the Division of Criminal Investigations (DCI) through WyDoT. The applicant must pay any fees associated with fingerprinting and the criminal background check to DCI.  WyDoT must retain the criminal history background information pursuant to applicable rules, regulations and statutes for collecting and retaining such information.  Applicants must make a formal request in writing to receive a copy of their criminal history.  No licenses or permit will issue until WyDoT has reviewed and verified the results of the criminal history background check.

FINDINGS: 

The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:

That the rules be placed on the Consent List and be approved by the Council as submitted by WyDoT.

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Matthew D. Obrecht

Staff Attorney

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David K. Gruver

Assistant Director

MDO/