Okla. Stat. tit. 47, § 47-583

display - Bond - Liability insurance.

Oklahoma Statutes - Title 47. Motor Vehicles Page 897

A. 1. It shall be unlawful and constitute a misdemeanor for

any person to engage in business as, or serve in the capacity of, or

act as a used motor vehicle dealer, wholesale used motor vehicle

dealer, manufactured home dealer, restricted manufactured home park

dealer, manufactured home installer, or manufactured home

manufacturer selling directly to a licensed manufactured home dealer

in this state without first obtaining a license or following other

requirements therefor as provided in this section.

2. a. Any person engaging, acting, or serving in the

capacity of a used motor vehicle dealer, a

manufactured home dealer, restricted manufactured home

park dealer, a manufactured home installer, or a

manufactured home manufacturer, or having more than

one place where any such business, or combination of

businesses, is carried on or conducted shall be

required to obtain and hold a current license for each

such business, in which engaged.

b. If after a hearing in accordance with the provisions

of Section 585 of this title, the Oklahoma Used Motor

Vehicle, Dismantler, and Manufactured Housing

Commission shall find any person installing a mobile

or manufactured home to be in violation of any of the

provisions of Section 581 et seq. of this title, such

person may be subject to an administrative fine not

more than Five Hundred Dollars ($500.00) for each

violation. Each day a person is in violation of

Section 581 et seq. of this title may constitute a

separate violation. All administrative fines

collected pursuant to the provisions of this

subparagraph shall be deposited in the fund

established in Section 582 of this title.

Administrative fines imposed pursuant to this

subparagraph may be enforceable in the district courts

of this state.

3. Any person, except persons penalized by administrative fine,

violating the provisions of this section shall, upon conviction, be

punished by a fine not to exceed Five Hundred Dollars ($500.00). A

second or subsequent conviction shall be punished by a fine not to

exceed One Thousand Dollars ($1,000.00); provided that each day such

unlicensed person violates this section shall constitute a separate

offense, and any vehicle involved in a violation of this subsection

shall be considered a separate offense.

B. 1. Applications for licenses required to be obtained under

the provisions of the Oklahoma Used Motor Vehicle, Dismantler, and

Manufactured Housing Commission shall be verified by the oath or

affirmation of the applicant and shall be on forms prescribed by the

Commission and furnished to the applicants, and shall contain such

Oklahoma Statutes - Title 47. Motor Vehicles Page 898

information as the Commission deems necessary to enable it to fully

determine the qualifications and eligibility of the several

applicants to receive the license or licenses applied for. The

Commission shall require in the application, or otherwise,

information relating to:

a. the applicant’s financial standing,

b. the applicant’s business integrity,

c. whether the applicant has an established place of

business and is engaged in the pursuit, avocation, or

business for which a license, or licenses, is applied

for,

d. whether the applicant is able to properly conduct the

business for which a license, or licenses, is applied

for, and

e. such other pertinent information consistent with the

safeguarding of the public interest and the public

welfare.

2. All applications for license or licenses shall be

accompanied by the appropriate fee or fees in accordance with the

schedule hereinafter provided. In the event any application is

denied and the license applied for is not issued, the entire license

fee shall be returned to the applicant.

3. All bonds and licenses issued under the provisions of

Section 581 et seq. of this title shall expire on December 31,
ons for license or licenses shall be

accompanied by the appropriate fee or fees in accordance with the

schedule hereinafter provided. In the event any application is

denied and the license applied for is not issued, the entire license

fee shall be returned to the applicant.

3. All bonds and licenses issued under the provisions of

Section 581 et seq. of this title shall expire on December 31,

following the date of issue and shall be nontransferable. All

applications for renewal of licenses shall be submitted by November

1 of each year of expiration, and licenses for completed renewals

received by November 1 shall be issued by January 10. If

applications have not been made for renewal of licenses, such

licenses shall expire on December 31 and it shall be illegal for any

person to represent himself or herself and act as a dealer

thereafter. Tag agents shall be notified not to accept dealers’

titles until such time as licenses have been issued. Beginning

January 1, 2016, all licenses shall be issued for a period of two

(2) years and the appropriate fees shall be assessed. The

Commission shall adopt rules necessary to implement the two-year

licensing provisions.

4. A certificate of registration shall permit the registered

person to engage in the activities of a used motor vehicle

salesperson. A salesperson shall be deemed to be temporarily

approved and allowed to sell vehicles when applications and fees are

on file with the Commission.

C. The schedule of license and inspection fees to be charged

and received by the Commission for the licenses and inspections

issued hereunder shall be as follows:

1. For each used motor vehicle dealer’s license and each

wholesale used motor vehicle dealer’s license, Six Hundred Dollars

Oklahoma Statutes - Title 47. Motor Vehicles Page 899

($600.00). If a used motor vehicle dealer or a wholesale used motor

vehicle dealer has once been licensed by the Commission in the

classification for which he or she applies for a renewal of the

license, the fee for each subsequent renewal shall be Three Hundred

Dollars ($300.00); provided, if an applicant holds a license to

conduct business as an automotive dismantler and parts recycler

issued pursuant to Section 591.1 et seq. of this title, the initial

fee shall be Two Hundred Dollars ($200.00) and the renewal fee shall

be Two Hundred Dollars ($200.00). If an applicant is applying

simultaneously for a license under this paragraph and a license

under paragraph 1 of Section 591.5 of this title, the initial

application fee shall be Four Hundred Dollars ($400.00). For the

reinstatement of a used motor vehicle dealer’s license after

revocation for cancellation or expiration of insurance pursuant to

subsection F of this section, the fee shall be Two Hundred Dollars

($200.00);

2. For a used motor vehicle dealer’s license, for each place of

business in addition to the principal place of business, Two Hundred

Dollars ($200.00);

3. For each holder who possesses a valid new motor vehicle

dealer’s license from the Oklahoma Motor New Vehicle Commission, Two

Hundred Dollars ($200.00) shall be the initial fee for a used motor

vehicle license and the fee for each subsequent renewal shall be Two

Hundred Dollars ($200.00);

4. a. For each manufactured home dealer’s license or a

restricted manufactured home park dealer’s license,

Six Hundred Dollars ($600.00), and for each place of

business in addition to the principal place of

business, Four Hundred Dollars ($400.00), and

b. For each renewal of a manufactured home dealer’s

license or a restricted manufactured home park

dealer’s license, and renewal for each place of

business in addition to the principal place of

business, Three Hundred Dollars ($300.00);

5. a. For each manufactured home installer’s license, Four

Hundred Dollars ($400.00), and

b. For each renewal of a manufactured home installer’s

license, Four Hundred Dollars ($400.00);
actured home dealer’s

license or a restricted manufactured home park

dealer’s license, and renewal for each place of

business in addition to the principal place of

business, Three Hundred Dollars ($300.00);

5. a. For each manufactured home installer’s license, Four

Hundred Dollars ($400.00), and

b. For each renewal of a manufactured home installer’s

license, Four Hundred Dollars ($400.00);

6. a. For each manufactured home manufacturer selling

directly to a licensed manufactured home dealer in

this state, One Thousand Five Hundred Dollars

($1,500.00), and

b. For each renewal of a manufactured home manufacturer’s

license, One Thousand Five Hundred Dollars

($1,500.00);

7. Any manufactured home manufacturer who sells a new

manufactured home to be shipped to or sited in this state shall pay

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an installation inspection fee of Seventy-five Dollars ($75.00) for

each new single-wide manufactured home and One Hundred Twenty-five

Dollars ($125.00) for each new multi-floor manufactured home; and

8. A used manufactured home inspection fee of Seventy-five

Dollars ($75.00) shall be paid by the installer at or before the

time of installation of any used manufactured home sited and

installed in this state.

D. 1. The license issued to each used motor vehicle dealer,

each wholesale used motor vehicle dealer, each restricted

manufactured home park dealer and each manufactured home dealer

shall specify the location of the place of business. If the

business location is changed, the Oklahoma Used Motor Vehicle,

Dismantler, and Manufactured Housing Commission shall be notified

immediately of the change and the Commission may endorse the change

of location on the license. The fee for a change of location shall

be One Hundred Dollars ($100.00), and the fee for a change of name,

Twenty-five Dollars ($25.00). The license of each licensee shall be

posted in a conspicuous place in the place or places of business of

the licensee.

2. The license issued to each manufactured home installer and

each manufactured home manufacturer shall specify the location of

the place of business. If the business location is changed, the

Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing

Commission shall be notified immediately of the change and the

Commission may endorse the change of location on the license without

charge. The license of each licensee shall be posted in a

conspicuous place in the place or places of business of the

licensee.

3. Every manufactured home installer shall have the license

available for inspection at the primary place of business of the

licensee. This license shall be valid for the licensee and all of

the employees of the licensee. Any person who is not an employee of

the licensee must obtain a separate manufactured home installer

license regardless of whether such person is acting in the capacity

of a contractor or subcontractor.

E. 1. a. Each applicant for a used motor vehicle dealer’s

license shall procure and file with the Commission a

good and sufficient bond in the amount of Twenty-five

Thousand Dollars ($25,000.00). Each new applicant for

a used motor vehicle dealer’s license for the purpose

of conducting a used motor vehicle auction shall

procure and file with the Commission a good and

sufficient bond in the amount of Fifty Thousand

Dollars ($50,000.00). An applicant who intends to

conduct a used motor vehicle auction who provides

proof that the applicant has check and title insurance

in an amount not less than Fifty Thousand Dollars

Oklahoma Statutes - Title 47. Motor Vehicles Page 901

($50,000.00) shall only be required to have a bond in

the amount of Twenty-five Thousand Dollars

($25,000.00).

b. Each new applicant for a used motor vehicle dealer

license for the purpose of conducting a used motor

vehicle business which will consist primarily of non-
nd title insurance

in an amount not less than Fifty Thousand Dollars

Oklahoma Statutes - Title 47. Motor Vehicles Page 901

($50,000.00) shall only be required to have a bond in

the amount of Twenty-five Thousand Dollars

($25,000.00).

b. Each new applicant for a used motor vehicle dealer

license for the purpose of conducting a used motor

vehicle business which will consist primarily of non-

auction consignment sales which are projected to equal

Five Hundred Thousand Dollars ($500,000.00) or more in

gross annual sales shall procure and file with the

Commission a good and sufficient bond in the amount of

Fifty Thousand Dollars ($50,000.00). The Commission

shall prescribe by rule the method of operation of the

non-auction consignment dealer in order to properly

protect the interests of all parties to the

transaction and to provide sanctions against dealers

who fail to comply with the rules.

c. Each applicant for a wholesale used motor vehicle

dealer’s license shall procure and file with the

Commission a good and sufficient bond in the amount of

Twenty-five Thousand Dollars ($25,000.00).

d. Any used motor vehicle dealer who, for the purpose of

being a rebuilder, applies for a rebuilder

certificate, as provided in Section 591.5 of this

title, whether as a new application or renewal, shall

procure and file with the Commission a good and

sufficient bond in the amount of Fifteen Thousand

Dollars ($15,000.00), in addition to any other bonds

required.

e. Each applicant for a manufactured home dealer’s

license or a restricted manufactured home park

dealer’s license shall procure and file with the

Commission a good and sufficient bond in the amount of

Thirty Thousand Dollars ($30,000.00).

f. Each manufactured home manufacturing facility selling

directly to a licensed manufactured home dealer or

restricted manufactured home park dealer in this state

shall procure and file with the Commission a good and

sufficient bond in the amount of Thirty Thousand

Dollars ($30,000.00). In addition to all other

conditions and requirements set forth herein, the bond

shall require the availability of prompt and full

warranty service by the manufacturer to comply with

all warranties expressed or implied in connection with

each manufactured home which is manufactured for

resale or use in this state. A manufacturer may not

sell, exchange, or lease-purchase with an option to

own in any form a manufactured home to a person in

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this state directly or indirectly through a

distributor or third party who is not a licensed

manufactured home dealer or a restricted manufactured

home park dealer.

g. The bond shall be approved as to form by the Attorney

General and conditioned that the applicant shall not

practice fraud, make any fraudulent representation, or

violate any of the provisions of Section 581 et seq.

of this title in the conduct of the business for which

the applicant is licensed. One of the purposes of the

bond is to provide reimbursement for any loss or

damage suffered by any person by reason of issuance of

a certificate of title by a used motor vehicle dealer,

a wholesale used motor vehicle dealer, a restricted

manufactured home park dealer or a manufactured home

dealer.

2. The bonds as required by this section shall be maintained

throughout the period of licensure. Should the bond be canceled for

any reason, the license shall be revoked as of the date of

cancellation unless a new bond is furnished prior to such date.

F. Any used motor vehicle dealer or wholesale used motor

vehicle dealer is required to furnish and keep in force a minimum of

Twenty-five Thousand Dollars ($25,000.00) of single liability

insurance coverage on all vehicles offered for sale or used in any

other capacity in demonstrating or utilizing the streets and

roadways in accordance with the financial responsibility laws of

this state.
F. Any used motor vehicle dealer or wholesale used motor

vehicle dealer is required to furnish and keep in force a minimum of

Twenty-five Thousand Dollars ($25,000.00) of single liability

insurance coverage on all vehicles offered for sale or used in any

other capacity in demonstrating or utilizing the streets and

roadways in accordance with the financial responsibility laws of

this state.

G. Any manufactured home dealer or restricted manufactured home

park dealer is required to furnish and keep in force a minimum of

One Hundred Thousand Dollars ($100,000.00) of garage liability or

general liability with products and completed operations insurance

coverage.

H. Any manufactured home installer is required to furnish and

keep in force a minimum of Twenty-five Thousand Dollars ($25,000.00)

of general liability with products and completed operations

insurance coverage.