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Louisiana Motor Vehicle Commission Minutes

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Louisiana Motor Vehicle Commission Minutes MINUTES OF THE LOUISIANA MOTOR VEHICLE COMMISSION 3519 12th Street Metairie, Louisiana 70002 Monday, March 12, 2018 The meeting was called to order at 10:09 a.m. by Chairman Raymond J. Brandt. Present were: Chairman Raymond J. Brandt Commissioner Allen O. Krake Commissioner V. Price LeBlanc, Jr. Commissioner Eric R. Lane Commissioner Kenneth “Mike” Smith Commissioner Keith P. Hightower Commissioner Keith M. Marcotte Commissioner Randy Scoggin Commissioner Joseph W. “Bill” Westbrook Commissioner Donna S. Corley Commissioner Terryl J. Fontenot Commissioner Maurice C. Guidry L. A. House, Executive Director Adrian F. LaPeyronnie, III, Counselor Gregory F. Reggie, Counselor Burgess E. McCranie, Jr., Counselor Absent were: Commissioner Gregory Lala Commissioner Harold H. Perrilloux Commissioner Stephen L. Guidry, Jr. ***************************************************** Also, in attendance were Ricky Donell, owner of Best Stop Auto Sales, LLC;, Eugene Cicardo, Attorney for Safety Systems LLC; Wayne Vollman, owner of Highway Safety Systems LLC; Zel Rice, owner of Power Pro Equipment, LLC; Troy Duhon, owner of Premier Certified Outlet, and Steven Bonner with Premier Certified Outlet; and Commission staff: Ingya Cattle, Assistant Executive Director; Scott Landreneau, Commission Investigator Supervisors; Commission Investigators: Neil Rogers, Antoine Derouen, Ben Guidry, and Angel Blackford; Stacey Broussard, Administrative Coordinator Supervisor; and Administrative Coordinators: Jeannette Chambon, Tim Knotts, and Kennitria Martin. ***************************************************** The Chairman called to order Hearing #2018-008, Highway Safety Systems LLC for the denial of a recreational products dealer application. Representing Highway Safety Systems LLC were: Eugene Cicardo, Esq. and Wayne Vollman, owner. A court reporter was brought in to record the transcript of the hearing, which will be made a permanent part of the Commission’s files. The following Judgment was rendered. IN RE: Hearing #2018-008 Denial of Highway Safety Systems LLC’s Application for a License as Recreational Products Dealer JUDGMENT This cause came to be heard on Monday, March 12, 2018 before the Louisiana Motor Vehicle Commission (the “Commission”). APPEARANCE: Eugene P. Cicardo, Jr., Esq., Representing Highway Safety Systems LLC and its owner Charles Wayne Vollman, present; Gregory Reggie, Esq., Representing 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 Commission makes the following findings of fact and conclusions of law: FINDINGS OF FACTS: 1 Highway Safety Systems LLC does not possess a Commission license to conduct business as a Recreational Products Dealer; 2 The application for the recreational products dealer filed by Highway Safety Systems, LLC was denied by the Commission Staff for the reason that Wanco, Inc., manufacturer/distributor of the recreational products sold by Highway Safety Systems, LLC, was and is not licensed by the Commission as a manufacturer/distributor. CONCLUSIONS OF LAW: 1 As to the facts particular to Hearing #2018-008, the towable highway signs manufactured/distributed by Wanco, Inc. and sold by Highway Safety Systems, LLC are not included within that category of trailers /tow dollies regulated by the Commission pursuant to La. R.S. 32:1252(56). 2 As the towable highway signs manufactured/distributed by Wanco, Inc. are not included within that category of trailers /tow dollies regulated by the Commission pursuant to La. R.S. 32:1252(56), Highway Safety Systems, LLC’s is not required to obtain either a Recreational Products Dealer license or a Motor Vehicle Lessor license from the Commission to sell Wanco’s towable highway signs. Considering the forgoing and pursuant to the authority vested in the Commission set forth in LSA-R.S. 32:1251, et seq.: IT IS ORDERED that In Re: Hearing No. 2018-008 be and is hereby dismissed. IT IS FURTHER ORDERED that the Commission refund to Highway Safety Systems, LLC the sum of Four Hundred and Fifty ($450.00) Dollars representing the amounts previously paid by Highway Safety Systems, LLC to the Commission concerning its applications for Recreational Products Dealer license, Recreational Products Dealer license and Recreational Products Salesman license. IT IS FURTHER ORDERED that the Commission refund to Highway Safety Systems, LLC the sum of Four Hundred and Sixty ($460) Dollars representing the amounts previously paid by Highway Safety Systems, LLC to the Commission concerning its applications for Motor Vehicle Lessor license and Motor Vehicle Lessor Agent license. Judgment read and rendered on the 12th day of March, 2018. Judgment signed this day of _________, 2018. __________________________________ LMVC.03.12.18.#1 Raymond J. Brandt, Chairman Louisiana Motor Vehicle Commission ***************************************************** The Chairman called to order Hearing #2018-002, Power Pro Equipment, LLC versus ODES UTV's LLC for a inventory repurchase matter. Representing Power Pro Equipment, LLC was Zel Rice, owner and no one was in attendance on behalf of ODES UTV’s LLC. Counselor Reggie reported a telephone conference had been held this morning before the Commission meeting began, wherein both parties requested an extension of time to resolve the matter themselves. The Executive Director announced that the matter has been continued without date to allowed more time for both parties to resolved the repurchase issue. ***************************************************** As a follow up to the Commission’s decision at its January 9, 2017 and May 8, 2017 meetings prohibiting the use of the terms “Wholesale”, “Best Buy Auto Plex”, “Super Discount”, or “Guaranteed Auto Finance” in a licensee’s name as it would violate the advertising rules, the Executive Director stated questions had been posed by a potential licensee as to whether the commission would consider the use of the terms “Certified” and/or “Outlet” in their corporate name. After a brief discussion, the Commission deemed that the use of “Certified” and/or “Outlet” in a licensee name would be violations of rules and law. Commissioner LeBlanc made a motion to deny any submitted applications containing the words “Certified” or “Outlet” in the corporate name and to notify any existing licensees of the violation, giving them three months to correct the matter and reapply. Commissioner Lane seconded this motion. Commissioner Scoggin, Commissioner Marcotte and Commissioner Hightower voted nay. The motion carried with seven affirmative votes. ***************************************************** Chairman Brandt announced a recess of the LMVC’s meeting at 11:55 a.m. in order to accommodate the party attending the MVSF meeting. ***************************************************** The LMVC’s meeting reconvened at 12:15 p.m. ***************************************************** The Executive Director advised the Commission Members that the Chairman had asked the Executive Director to request an Attorney General’s opinion regarding the propriety of imposing late fees for the untimely filing of an application for a Salesman’s license as well as imposing civil penalties for an unlicensed salesperson selling without a license. The Executive Director stated that the request for an Attorney General Opinion had been forwarded to the Attorney General’s office in November and that the Attorney General’s office had responded in December stating “It is the policy of the Attorney General that any opinion request submitted by a member or officer of a governing authority, or its counsel, must be pursuant to a resolution duly adopted by the authority seeking or otherwise approving the request.” At this time a lengthy discussion ensued regarding passing such a resolution, and the Commission decided not to seek an Attorney General’s opinion. Commissioner LeBlanc made a motion that a policy be adopted, that absent extenuating circumstances, if a Salesman’s license is not obtained for a period of 15 day a civil penalty for unlicensed salesman be imposed at a rate of two dollars per day for each day the salesman is not licensed, and that in addition to that civil penalty a late filing fee be imposed in the amount of fifty percent of the regular license fee. Commissioner Lane seconded this motion. The motion carried with a majority vote with Commissioner Westbrook casting a nay vote. ***************************************************** The Executive Director presented to the Commission Members that the commission staff had received sixty-day prior notices for the proposed establishment of a new motor vehicle dealer, Ray Brandt Luxury Motors LLC DBA Crescent City Maserati and Ray Brandt Luxury Motors LLC DBA Alfa Romeo of New Orleans. The Executive Director stated the service facilities for this applicant will be separated from its showroom location by a public street. The Executive Director stated LSA-R.S. 32:1254 E(5) requires: “The applicant must also furnish satisfactory evidence that the applicant maintains adequate space in the building or structure wherein the applicant's established business is conducted for the display of new motor vehicles or recreational products, together with adequate facilities for the repair and servicing of motor vehicles or recreational products and the storage of new parts and accessories for same.” The Executive Director stated the Commission had in the past made exceptions to this when petitioned
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