Section 16-311. PROCEDURE FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE

 

311.1Whenever the Director (or the Director's designee) finds that an applicant for a license under this chapter is deficient in one (1) or more of the qualifications for the license applied for, or whenever the Director has reasonable grounds to believe that there has been a violation of any statute or regulation applicable to the conduct of a dealer, salesperson, automobile repossessor, or sales finance company for which the license of that dealer, salesperson, automobile repossessor, or sales finance company is subject to suspension or revocation, the Director shall give notice to the applicant or to the licensee, as the case may be, in accordance with the provisions of this section.

 

311.2The notice required by § 311.1 shall be in writing and shall be signed by the Director.

 

311.3In the case of a proposed denial of an application for license, the notice shall state in what respects an applicant is deficient and the ultimate facts upon which the Director relies.

 

311.4In the case of a proposal to suspend or revoke a license, the notice shall indicate the provision(s) of statute or regulations allegedly violated, and the ultimate facts upon which the Director relies.

 

311.5The notice shall state the action the Director proposes to take or to recommend.

 

311.6The notice shall advise that the action proposed or recommended will be taken at the expiration of ten (10) calendar days after service of the notice unless an appeal is taken to the Board of Appeals and Review.

 

311.7The notice shall be served upon the applicant or the licensee, as the case may be.

 

311.8A copy of the notice shall be delivered to the Administrator, Business Regulation Administration.

 

311.9The notice shall be deemed to be properly served upon the person affected by the notice when it or a copy of it is:

 

(a)Personally served on that person; or

 

(b)Left at the address stated on the license, or on the application in the case of an applicant, with a person over sixteen (16) years of age then employed or resident at that address; or

 

(c)Mailed by certified mail, postage prepaid addressed to the person at the address stated on the license issued to that person (or in the case of an applicant on the application filed by that person) and not returned by the post office authorities. If any notice mailed as authorized in this paragraph is returned by the post office authorities by reason of refusal of the addressee to accept delivery of the notice, it shall be deemed to have been served on the addressee by mail.