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Louisiana Motor Vehicle Commission Minutes -September 9, 2013

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Louisiana Motor Vehicle Commission Minutes -September 9, 2013 MINUTES OF THE MEETING OF THE LOUISIANA MOTOR VEHICLE COMMISSION 3519 12th Street Metairie, Louisiana 70002 Monday, September 9, 2013 The meeting was called to order at 10:05 a.m. by Chairman Raymond J. Brandt. Present were: Chairman Raymond J. Brandt Commissioner Troy J. Duhon Commissioner V. Price LeBlanc, Jr. Commissioner Brian C. Bent Commissioner John B. Fabre Commissioner John W. Timmons Commissioner Thad J. Ryan, III Commissioner James C. “Jim” Hicks Commissioner Joseph W. “Bill” Westbrook Commissioner Maurice C. Guidry Commissioner Alexis D. Hocevar L. A. House, Executive Director Adrian F. LaPeyronnie, III, Counselor Gregory F. Reggie, Counselor Burgess E. McCranie, Jr., Counselor Absent were: Commissioner Philip E. Tarver Commissioner Donna S. Corley Commissioner Don P. Hargroder ***************************************************** Also, in attendance were: Winn Stoutz, Attorney for Premier Automotive Products, LLC; Michelle Cunningham, the Commission’s Legislative Auditor; Diane Musson and Kelly Romero of Musson-Patout Automotive Group, Inc.; Jeanne Comeaux, Attorney for Mussan-Patout Automotive Group, Inc.; Chad Morrow, Attorney with Sher Garner Cahill Richter Klein & Hilbert, L.L.C.; and Commission staff: Ingya Cattle, Assistant Executive Director; Commission Investigators, Wayne Lee, Amy Lawson, Neil Rogers and Scott Landreneau; Administrative Coordinators, Stacey Broussard, Pam Mangin, Gaynelle Mitchell, Sylvia Schwarz, and Shannon Mullen. ***************************************************** The Executive Director advised the Commission Members the Commission the Louisiana Legislative Auditor was assigned a new auditor, Duplantier, Hrapmann, Hogan & Maher, LLP, for the next three fiscal years and the 2013 fiscal audit has been completed. At this time, the Executive Director introduced Michelle Cunningham, auditor, to the Commission Members and Ms. Cunningham presented the audit report in details and responded to the questions posed by the Commission Members. Additionally, Ms. Cunningham explained to the Commission Members the contents of the questionnaire and stated that this questionnaire has to be completed and approved by the Commission Members each year prior to the completion of fiscal audit report. The Executive Director presented to the Commission Members for their review the completed questionnaire. After a brief discussion, Commissioner Hocevar made a motion to approve Fiscal Audit Compliance Questionnaire. Commissioner Bent seconded this motion and it was unanimously approved. ***************************************************** The Chairman called to order be Hearing #2013-034, Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM for alleged violations of LSA-R.S.32:1261.A.(2)(c) Unauthorized acts and Louisiana Administrative Code Title 46. Part V. Subpart 1. Chapter 7. Advertising §703A General Prohibition; §709.A. Availability of Vehicles; §713.2.a. Untrue Claims; §719.C. & D. Dealer Price Advertising; and §735.A. Cash Offers. In attendance representing Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM was Troy Duhon, Dealer-Operator and Edwin Stoutz, Esq. A court reporter was brought in to record the transcript of this hearing, which will be made a permanent part of the Commission’s files. LMVC.09.09.13.#1 IN RE: Hearing #2013-034 Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM 13000-13040 I-10 Service Road New Orleans, Louisiana 70128 JUDGMENT This cause came to be heard on Monday, September 9, 2013. APPEARANCES: Edwin A. Stoutz, Jr., Esq. and Troy Duhon, Owner of Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM Gregory F. Reggie, Attorney for the Louisiana Motor Vehicle Commission And after hearing the testimony adduced at trial, the receipt of documentary evidence into the record, and for reasons orally assigned, the Commissioners of the Louisiana Motor Vehicle Commission make the following finding of fact and conclusion of law: Finding of Fact: Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM, 13000-13040 I-10 Service Road, New Orleans, Louisiana 70128, on and/or around February 15, 2013 advertised the following through mailers: 1. “POTENTIALLY DOUBLE YOUR RETURN ON SELECT VEHICLES AND PUT IT TOWARDS THE PURCHASE OF A NEW VEHICLE TODAY!” 2. “PREMIER AUTOMOTIVE GROUP PREMIER CHRYSLER JEEP DODGE RAM” 3. “2012 RAM TRUCK/stk#D621791 SALE PRICE $20,890 MSRP .....................$25,910 Premier Discount.......$1,520 Factory Rebate............3,000 Military Discount............$500 4. “2013 JEEP PATRIOT SPORT/stk#D124841 SALE PRICE $16,990 MSRP $19,085 • Premier Discount $1,095 Factory Rebate $500 • Military Discount $500” 5. “2013 DODGE AVENGER/stk#D621791 SALE PRICE $14,970 MSRP $19,990 • Premier Discount $1,520 Factory Rebate $3,000 • Military Discount $500” 6. “2013 DODGE CHARGER SE/stk#D534937 SALE PRICE $21,490 MSRP $27,880 • Premier Discount $3,390 Factory Rebate $2,500 • Military Discount $500” 7. “2013 JEEP GRAND CHEROKEE/stk#D561393 SALE PRICE $24,990 MSRP $30,120 • Premier Discount $4,130 Factory Rebate $500 • Military Discount $500” 8. “Vehicle are subject to prior sale.” 9. Pre-owned vehicles are being advertised with no indication as to where the vehicles are located. 10. “ALL APPLICATIONS WILL BE APPROVED.” 11. “$15,000 PRE-LOADED MONEY CARD.” 12. “$5.00 UP TO $500.00 WALMART GAS CARD.” 13. “CERTIFIED FINALIST.” Conclusion of Law: The advertising presented to the Commission represents multiple violations. Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM, 13000-13040 I-10 Service Road, New Orleans, Louisiana 70128, is in violation of LSA-R.S.32:1261A.(2)(c) Unauthorized acts and Louisiana Administrative Code Title 46. Part V. Subpart 1. Chapter 7. Advertising. §703.A. General Prohibition; §709.A.2. Availability of Vehicles; §713.2a. Untrue Claims; §719.C. & D. Dealer Price Advertising; and LMVC.09.09.13.#2 §735.A. Cash Offers. Considering the forgoing and pursuant to the authority vested in the Louisiana Motor Vehicle Commission set forth in LSA-R.S. 32:1251, et seq. IT IS ORDERED, ADJUDGED AND DECREED that Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM, 13000-13040 I-10 Service Road, New Orleans, Louisiana 70128, be and is hereby assessed a fine in the amount of FIVE THOUSAND AND NO/100 ($5,000.00) DOLLARS payable to the Louisiana Motor Vehicle Commission. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Premier Automotive Products, LLC DBA Premier Chrysler Jeep Dodge RAM, 13000-13040 I-10 Service Road, New Orleans, Louisiana 70128, pay the cost of the full board hearing to the Louisiana Motor Vehicle Commission in the amount of ONE THOUSAND ONE HUNDRED AND THIRTY-FOUR DOLLARS AND NINETY-TWO CENTS ($1,134.92). Judgment read and rendered on the 9th day of September, 2013 Judgment signed this ________ day of , 2013. __________________________________ Raymond J. Brandt, Chairman Louisiana Motor Vehicle Commission ***************************************************** The Chairman called to order be Hearing #2013-035, Premier Automotive, L.L.C. DBA Toyota of New Orleans, DBA Scion of New Orleans for alleged violations of LSA-R.S.32:1261.A.(2)(c) Unauthorized acts and Louisiana Administrative Code Title 46. Part V. Subpart 1. Chapter 7. Advertising §703A General Prohibition; §709.A. Availability of Vehicles; §713.2.a. Untrue Claims; §719.C. & D. Dealer Price Advertising; and §735.A. Cash Offers. In attendance representing Premier Automotive, L.L.C. DBA Toyota of New Orleans, DBA Scion of New Orleans was Troy Duhon, Dealer-Operator and Edwin Stoutz, Esq. A court reporter was brought in to record the transcript of this hearing, which will be made a permanent part of the Commission’s files. IN RE: Hearing #2013-035 Premier Automotive, L.L.C. DBA Toyota of New Orleans DBA Scion of New Orleans 13150 Interstate 10 Service Road New Orleans, Louisiana 70128 JUDGMENT This cause came to be heard on Monday, September 9, 2013. APPEARANCES: Edwin A. Stoutz, Jr., Esq. and Troy Duhon, Owner of Premier Automotive, L.L.C. DBA Toyota of New Orleans, DBA Scion of New Orleans Gregory F. Reggie, Attorney for the Louisiana Motor Vehicle Commission And after hearing the testimony adduced at trial, the receipt of documentary evidence into the record, and for reasons orally assigned, the Commissioners of the Louisiana Motor Vehicle Commission make the following finding of fact and conclusion of law: Finding of Fact: Premier Automotive, L.L.C. DBA Toyota of New Orleans, DBA Scion of New Orleans, 13150 Interstate 10 Service Road, New Orleans, Louisiana 70128, on and/or around February 15, 2013 advertised the following through mailers: 1. “POTENTIALLY DOUBLE YOUR RETURN ON SELECT VEHICLES AND PUT IT TOWARDS THE PURCHASE OF A NEW VEHICLE TODAY!” 2. “2013 TOYOTA COROLLA/stk#1832 $119 PER MONTH MSRP $18,160 • Sale Price $16,795 Rebate $1,000 • Final $15,795 with $5,000 down $1,000 College Grad & $500 Military Rebate” 3. “2013 TOYOTA CAMRY/stk#2514 $249 PER MONTH MSRP $23,155 • Sale Price $20,995 • Rebate $1,000 Final $19,995 with $6,000 down” LMVC.09.09.13.#3 4. “2013 TOYOTA RAV4/stk#4430 $279 PER MONTH MSRP $24,040 • Sale Price $21,995 • Rebate $1,000 Final $20,995 with $5,000 down” 5. “2013 TOYOTA TUNDRA/stk#8239 $349 PER MONTH MSRP $29,909 • Sale Price $26,995 • Rebate $2,000 • Final $24,995 with $5,000 down • $1,000College Grad & $500 Military Rebate” 6. “2013 TOYOTA HIGHLANDER/stk#6942 $349 PER MONTH MSRP $30,444 • Sale Price $27,695 • Rebate $1,000 Final $26,695 with $6,500 down” 7. “Vehicle are subject to prior sale.” 8. Pre-owned vehicles are being advertised with no indication as to where the vehicles are located. 9. “ALL APPLICATIONS WILL BE APPROVED.” 10. “$15,000 PRE-LOADED MONEY CARD.” 11. “$5.00 UP TO $500.00 WALMART GAS CARD.” 12. “CERTIFIED FINALIST.” Conclusion of Law: The advertising presented to the Commission represents multiple violations. Premier Automotive, L.L.C. DBA Toyota of New Orleans, DBA Scion of New Orleans, 13150 Interstate 10 Service Road, New Orleans, Louisiana 70128, is in violation of LSA-R.S.32:1261A.(2)(c) Unauthorized acts and Louisiana Administrative Code Title 46.
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