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MINUTES of the LOUISIANA MOTOR VEHICLE COMMISSION 3519 12Th Street Metairie, Louisiana 70002 Monday, January 6, 2020

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MINUTES of the LOUISIANA MOTOR VEHICLE COMMISSION 3519 12Th Street Metairie, Louisiana 70002 Monday, January 6, 2020 MINUTES OF THE LOUISIANA MOTOR VEHICLE COMMISSION 3519 12th Street Metairie, Louisiana 70002 Monday, January 6, 2020 The meeting was called to order at 10:05 a.m. by Acting Chairman Allen O. Krake. Present were: Acting Commissioner Allen O. Krake Commissioner V. Price LeBlanc, Jr. Commissioner Gregory Lala Commissioner Harold H. Perrilloux Commissioner Eric R. Lane Commissioner Stephen L. Guidry, Jr. 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 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 Terryl J. Fontenot ***************************************************** Also, in attendance were Will Green, President of the Louisiana Automobile Dealers Association and Jeanne C. Comeaux, Esq. with Breazeale, Sachse & Wilson, L.L.P.; and Commission staff: Ingya Cattle, Assistant Executive Director; Scott Landreneau, Commission Investigator Supervisor; Commission Investigators: Neil Rogers, Antoine Derouen, Kevin Broussard, Ben Guidry, Angel Blackford, and Monica Wells; Stacey Broussard, Administrative Coordinator Supervisor; and Administrative Coordinators: Trina Adams and Leotine Benoit; and Tim Knotts, Assistant. ***************************************************** The Acting Chairman Krake called for a moment of silence in memory of Chairman Ray Brandt. ***************************************************** The Acting Chairman Krake called to order Hearing #2019-084, Kangacruz for the denial of a recreational products dealer application. Representing Premier Farm & Ranch Supply, L.L.C. DBA Premier Farm & Ranch Supply was: Scott W. Esthay, 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 #2019-084 Kangacruz 35 Seapark Drive, Unit 11 St. Catharines, Ontario, Canada L2M 6S5 JUDGMENT This cause came to be heard on Monday, January 06, 2020 before the Louisiana Motor Vehicle Commission (the “Commission”). APPEARANCE: Kangacruz, 35 Seapark Drive, Unit 11, St. Catharines, Ontario, Canada L2M 6S5, having been duly cited and served with the notice of hearing in this matter chose not to appear and was not present; Gregory Reggie, Attorney for the Louisiana Motor Vehicle Commission. UPON the receipt into evidence of testimony adduced at trial and the receipt of documentary evidence submitted and admitted at trial, and for reasons orally assigned, the Commission made the following finding of fact and conclusion of law: Finding of Fact: Kangacruz, 35 Seapark Drive, Unit 11, St. Catharines, Ontario, Canada L2M 6S5 shipped fifteen (15) new Kangacruz golf carts to Goldman Equipment, L.L.C., 3365 Old Minden Road, Bossier City, Louisiana 71112, prior to being licensed by the Commission as a distributor; Conclusion of Law: Kangacruz violated LSA-R.S. 32:1254.A.(4), LSA-R.S. 32:1270.11.A.(1)(e) and Louisiana Administrative Code Title 46. Part V. Subpart 1. Chapter 5 Motor Vehicle Salesmen; Dealers; Distributors §513. License Prior to Shipment, by selling and/or shipping recreational products without a distributor license. 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 Kangacruz be and is hereby assessed a fine in the amount of TWENTY THOUSAND AND NO/100 ($20,000.00) DOLLARS. SHOULD THE DEFENDANT KANGACRUZ BE LICENSED BY THE LOUISIANA MOTOR VEHICLE COMMISSION AS A DISTRIBUTOR WITHIN SIXTY (60) DAYS OF THE DATE OF SIGNING OF THIS JUDGMENT, FIFTEEN THOUSAND AND NO/100 ($15,000.00) DOLLARS OF THE TWENTY THOUSAND AND NO/100 ($20,000.00) DOLLAR FINE SHALL BE SUSPENDED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Kangacruz pay the cost of the full board hearing in this matter to the Commission in the amount of ONE THOUSAND FOUR HUNDRED TWENTY-SEVEN AND 26/100 ($1,427.26) DOLLARS, in addition to the fine assessed herein. Judgment read and rendered on the 6th day of January 2020. Judgment signed this day of February, 2020. __________________________________ Allen O. Krake, Chairman LMVC.01.06.20.#1 Louisiana Motor Vehicle Commission ***************************************************** The Acting Chairman Krake called to order Hearing #2019-086, Extreme Golfs Carts and Accessories, L.L.C. for the denial of a recreational products dealer application. Representing Premier Farm & Ranch Supply, L.L.C. DBA Premier Farm & Ranch Supply was: Scott W. Esthay, 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 #2019-086 Extreme Golf Carts and Accessories, L.L.C. 2872 Grant Point Highway Breaux Bridge, Louisiana 70517 JUDGMENT This cause came to be heard on Monday, January 06, 2020 before the Louisiana Motor Vehicle Commission (the “Commission”). APPEARANCE: Extreme Golf Carts and Accessories, L.L.C., 2872 Grant Point Highway, Breaux Bridge, Louisiana 70517, having been duly cited and served with the notice of hearing in this matter was not present; Gregory Reggie, Attorney for the Louisiana Motor Vehicle Commission. UPON the receipt into evidence of testimony adduced at trial and the receipt of documentary evidence submitted and admitted at trial, and for reasons orally assigned, the Commission made the following finding of fact and conclusion of law: Finding of Fact: Extreme Golf Carts and Accessories, L.L.C., 2872 Grant Point Highway, Breaux Bridge, Louisiana 70517, offered to sell five (5) new Big Tex Utility Trailers prior to being licensed by the Commission as a recreational products dealer; Conclusion of Law: Extreme Golf Carts and Accessories, L.L.C. violated LSA-R.S. 32:1254.A.(18), LSA-R.S. 32:1261.A.(2)(d) by offering for sale recreational products without a recreational products dealer license. 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 after hearing of this matter, the complaint against Extreme Golf Cart and Accessories, L.L.C. be and is hereby dismissed. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that as Extreme Golf Carts and Accessories, L.L.C. refused to accept notice of this hearing date and having failed to respond to the Commission, defendant Extreme Golf Carts and Accessories, L.L.C. pay the cost of the full board hearing in the amount of ONE THOUSAND AND NO/100 ($1,000.00) DOLLARS to the Louisiana Motor Vehicle Commission. Judgment read and rendered on the 6th day of January 2020. Judgment signed this day of February, 2020. __________________________________ Allen O. Krake, Chairman Louisiana Motor Vehicle Commission ***************************************************** At this time, Counselor LaPeyronnie reported to the Commission Members regarding the on-going litigations of the following: • Wholesale Auto Group, Inc. (24th JDC, Jefferson Parish and 19th JDC, East Baton Rouge Parish) • Elio Motors, Inc. (Louisiana Supreme Court) • Skyrunner, LLC (United States District Court, Western District of Louisiana, Shreveport Division) A brief discussion ensued. ***************************************************** The Executive Director advised there was a month left in the current year of Counselor Reggie’s two year contract and it would exceed the limits of the contract and requested the following amendment to the contract be approved: “The total of all sums payable under this contract including fees and reimbursement of expenses shall not exceed $400,000.00 for the period commencing February 1, 2018 and ending on January 31, 2020.” The Executive Director stated the need for the increase in the contract was due to unforeseen legal expenses relative to several ongoing litigations and pending hearings. After a brief discussion, Commissioner LeBlanc made a motion to approve the amendment to Counselor Reggie’s current contract. Commissioner Stephen Guidry seconded this motion and it was unanimously approved. The Executive Director advised there was a month left in the current year of Counselor LaPeyronnie’s two year contract and it would exceed the limits of the contract and requested the following amendment to the contract be approved: “The total of all sums payable under this contract including fees and reimbursement of expenses shall not exceed $296,000.00 for the period commencing January 12, 2018 and ending on January 11, 2020.” The Executive Director stated the need for the increase in the contract was due to unforeseen legal expenses relative to several ongoing litigations and pending hearings. After a brief discussion, Commissioner Stephen Guidry made a motion to approve the amendment to Counselor LaPeyronnie’s current contract. Commissioner LeBlanc seconded this motion and it was unanimously approved. ***************************************************** The Executive Director continued by stating that Counselor Reggie's two-year legal contract would expire on January 31, 2020 and requested his renewal contracts be approved: “The total of all sums payable under this contract including fees and reimbursement of expenses shall not exceed the maximum amount of $395,000.00 for the period commencing
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