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Used Motor Vehicle and Parts Commission Reports

By ADR Staff


December 13, 2016 [pdf]

Chairman John Longacre convened the December 13 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the November 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that office space was available in the Jim Thorpe Building at the Capitol Complex. The area is in the upper basement level. Remodeling is required but the costs would be deducted from rent. The location offers a degree of permanence since it is in a State building. Several conference and meeting rooms would be available. The facility is close to other government agencies and the parking is adequate. Commissioners were favorable to the suggested change.

The Oklahoma Department of Consumer Credit is sending letters to all dealers reminding them to submit Notification Filings if they provide financing. DOSS personnel are now participating in the Commission education program.

Maile reported that letters were sent to those delinquent on fines instructing them to bring their accounts current by year-end, or be subject to appearance before the Commission.

Maile reported that legislation is planned to assess a $2.00 fee for members of the public that buy a car at auction. The fee would be submitted to the UMV&PC and be structured similarly to the fee currently charged at the insurance pools. Legislative Liaison Curt Roggow indicated that Senator Newberry will sponsor the bill.

Commissioners approved proposed rule changes regarding felony applicants, electronic filing, prohibited acts, and fines.

Chief Investigator John Lancaster informed the Commissioners that staff had completed 22 inspections and had handled 23 complaints. Twenty informal hearings were conducted.

A total of 30 dealers attended the on-site education program in November. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.



November 8, 2016 [pdf]

Chairman John Longacre convened the November 8, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the October 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that the State now required personnel to include a GPS map with travel mileage reimbursement requests. Maile indicated that field investigators typically do not travel from the office to one point and back. He is concerned that generating the travel route maps will consume an inordinate amount of employee time.

Maile also reported that two interim studies are of concern to the Commission. Senator Newberry has requested an examination of State boards and agencies regarding the North Carolina Board of Dentists vs FTC case. Maile referenced the current process of the Attorney General’s office reviewing Commission license denials to advise whether the decision was appropriate. Maile will provide testimony for the interim study. The second interim study of interest is the examination of the restoration of professional licenses to convicted felons while ensuring protection of the public interest.

Commissioner Shreve noted that the Tax Commission is performing a study about moving away from tag agents to a purely online licensing system. Legislative Liaison Curt Roggow agreed to investigate the issue.

Regarding the previous month’s discussion about collections on consent agreements, it was noted that a staff member took over collections 3 or 4 months earlier. Collections have improved but half are still delinquent. At Commissioners’ direction, Maile indicated he would draft a letter to the dealers involved notifying them that accounts must be brought current by year-end or action would be taken against them.

Maile reported that a new database is being developed to replace the current and that online licensing may be an option. The Commissioners indicated that they would like to have both the current process and the online process available to the dealers.

Chief Investigator John Lancaster informed the Commissioners that staff had completed 22 inspections and had handled 11 complaints. Twenty informal hearings were conducted.

A total of 24 dealers attended the on-site education program in October. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month, beginning at 9 am. Call the Commission at 405-521-3600 to make reservations.



October 11, 2016 [pdf]

Commissioner Steve Ross convened the October 11, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the September 2016 meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile reported that dealer audits are continuing. Dealer comments are generally favorable. Most dealers are not being fined and they indicate that the audits give them a welcome measure of their compliance efforts.

Curt Roggow, Legislative Liaison for the Commission, advised the Commissioners that the Oklahoma legislature had posted all interim studies. It did not appear that any would impact the agency at this time.

A number of consent agreements approved by the Commission provide for a monthly payout of the imposed fines. Commissioners inquired whether all payments were current. Staff reported that six are repeatedly late with four as much as 60-70 days late. Commissioners asked that the agenda for the next monthly meeting include a report of the delinquent accounts. Commissioners will then decide how to handle the issues on a case-by-case basis.

Chief Investigator John Lancaster informed the Commissioners that staff had completed 38 inspections and had handled 26 complaints. Twenty informal hearings were conducted.

Two education classes were conducted in September. The morning class had 29 attendees and the afternoon class had 20. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month, typically beginning at 9 am. Call the Commission at 405-521-3600 to make reservations.



September 13, 2016 [pdf]

Chairman John Longacre convened the September 13, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the August 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that the budget was approved at the end of August.

Maile also reported that staff is working to find alternative office space. The State will allow the Commission to move to a state-owned property. Staff has submitted a proposal to relocate to space at 30th and Stiles. The space includes a larger conference room that would allow U-shaped arrangement of the tables. In response to Chairman Longacre’s question, Maile stated that the move would cost $20,000. Maile noted that there had been safety concerns at the current location and that the rent would be going up in April 2017.

Maile reported that he had approached Commissioner Derr about the benefits of asking for an OSBI report for every applicant so that the Commission staff could verify the felony information provided by applicants. Applicants would be responsible for obtaining the report; it would be at the applicant’s expense. Chairman Longacre asked if other agencies require the OSBI report. Maile commented that even persons in the child care industry are required to provide that information. Maile also noted that the requirement could be incorporated into other rule changes that will be considered in November. The change would be effective next summer. Maile will prepare a draft rule to present to Commissioners.

Chief Investigator John Lancaster informed the Commissioners that staff had completed 24 inspections and had handled 23 complaints. Twenty-two informal hearings were conducted.

Thirty-two dealers attended the on-site education program in August. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month, typically beginning at 9 am. Call the Commission at 405-521-3600 to make reservations.




August 9, 2016 [pdf]

Commissioner Steve Ross convened the August 9, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the July 2016 meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile deferred to Legislative Liaison Curt Roggow. Roggow reported that Senator Newberry had requested an interim study regarding solutions to state oversight of regulatory commissions. Director Maile indicated a positive outcome of the study could be that the legislature would provide guidance to the Attorney General’s office for their review of Commission decisions. A negative outcome would be legislation changing the makeup of the Commission board.

Maile requested and received approval to begin assessing $1,000 fines without consent agreements. The law allows $1,000 fines but the Commissioners had previously limited assessment of fines to $500 unless a consent agreement was approved.

Chief Investigator John Lancaster informed the Commissioners that staff had completed 23 inspections and had handled 58 complaints. Fourteen informal hearings were conducted.

Forty dealers attended the on-site education program in July. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month, typically beginning at 9 am. Call the Commission at 405-521-3600 to make reservations.



July 12, 2016 [pdf]

Commissioner Steve Ross convened the July 12, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the June 2016 meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile told the Commissioners that the Department of Consumer Credit has started participating in the dealer education program again. They are covering the consumer credit aspects of credit sales.

Curt Roggow, Legislative Liaison for the Commission, advised the commissioners that the Oklahoma House of Representatives has posted the interim studies. None of the studies impact the Commission. The Oklahoma Senate has not posted their list of interim studies.

Roggow reminded the Commissioners that this is an election year. There will be at least 43 new members in the legislature.

Chief Investigator John Lancaster informed the Commissioners that staff had conducted 32 dealer audits. In addition, investigators had completed 32 inspections and had handled 23 complaints: 12 title issues, 2 contract violations, 1 mechanical issue, 8 miscellaneous, and 0 advertising. Thirty-two informal hearings were conducted.

A total of 50 dealers attended the on-site education program in June. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


June 14, 2016 [pdf]

Chairman John Longacre convened the June 14, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the May 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that staff has been working on the Commission budget. The State OEMS provides certain input to the process. The budget will essentially be the same as the prior year, in part because the Legislature is unlikely to entertain any increases. Last fiscal year, the Commission received $860,000 in operations and spent $767,000. The total spent will be $836,000 by the end of the month. Funds are being expended to develop a new database that has been needed for some time. Maile noted that the budget is more closely aligned to actual than it used to be.

Legislative Liaison Curt Roggow reported that the State would not be taking funds from the Commission’s revolving fund account. Roggow noted that 2016 is an election year. All House seats are open and half the Senate seats are open. The House has filed a limited number of interim studies; the Senate has not filed any interim studies.

Maile also reported that they were looking at different available office spaces. The Bureau of Land Management is located at 28th & Stiles, which is close to the Capitol. The location would be good for the UMV&PC because conference rooms are available at the Capitol complex. Accomplishing the dealer audits in-house has highlighted the need for updated office space. Maile reported that the Governor had signed the two-year license rules and they will be effective in about 45 days. The Commission will be audited for the first time in a number of years. The fee for the audit will be approximately $15,000. Director Maile presented Commissioner Norm Latham with a plaque of appreciation for his service to the Commission.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 25 inspections and had handled 35 complaints: 14 title issues, 3 contract violations, 7 mechanical issues, 11 miscellaneous, and 0 advertising. Thirty-six informal hearings were conducted.

A total of 29 dealers attended the on-site education program in May. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


May 10, 2016 [pdf]

Chairman John Longacre convened the May 10, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the April 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that HB 3058 would allow the State to remove extra funds from a state agency’s revolving fund. The legislature was reportedly considering allowing agencies to hold the equivalent of six months operating funds in the accounts and only the excess being subject to acquisition by the State. Maile indicated that the legislation would not impact the Commission. The Commission has less than the equivalent of one year of operating funds in the revolving account.

Maile reported that the National Highway Transportation Safety Administration (NHTSA) has proposed amendments to the federal odometer requirements. The changes would allow electronic odometer readings for states which have implemented electronic titling. Consideration is also being given to changing the odometer disclosure exemption from vehicles 10 years or older to vehicles 25 years or older. While on the issue of odometers, Legislative Liaison Curt Roggow reported that the Governor had signed the odometer civil liability legislation, SB 1175.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 24 dealership re-audits, 9 new audits, 36 inspections and had handled 15 complaints: 5 title issues, 1 contract violation, 1 mechanical issue, 8 miscellaneous, and 0 advertising. In addition, two court actions alleging the obtaining of money under false pretenses resulted the defendants receiving deferred sentences and orders to pay $7,000 restitution and approximately $4,000 in fines and court costs.

A total of 29 dealers attended the on-site education program in April. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


April 12, 2016 [pdf]

Chairman John Longacre convened the April 12, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the March 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that Commissioners Jim Davis and Daniel Derr had been reappointed. Norm Latham’s six-year term ends this year and a replacement will be appointed by May 1.

Maile reported that HB 3058 deals with revolving funds and “reconciliation.” The legislature is looking at taking any surplus funds from non-appropriated agencies to help them solve part of the budget crisis. Maile stated that it was something the Commission would have to deal with in the future. The legislation gives the non-appropriated agencies the opportunity to explain or contest a decision regarding surplus funds.

Maile indicated that he and John Crittenden, the Attorney General’s Office liaison to the Commission, had discussed HB 2585 which deals with how various state commissions address applicants with a felony record. Title 59 of the Oklahoma Statutes is the general license section of law. The UMV&PC, however, is governed by section of Title 47. Consequently, HB 2585 may not apply to the Commission. If it does, the Commission would have to develop a policy for dealing with felon applicants.

SB 1459 is the bill that authorizes non-profit organizations to have metal dealer plates for transporting and demonstrating vehicles while bypassing the requirement to be licensed. Maile said that he and Curt Roggow, the Commission’s legislative liaison, worked with the authors to change the language so that it doesn’t give the impression that non-profits are dealers. The author agreed to the change.

The odometer civil liability bill, SB 1175, was approved by the legislature and is on the Governor’s desk for her approval and signature.

HB 2624 addresses vehicle sales to scrap metal dealers. As proposed, HB 2624 would require any person selling a vehicle to a scrap metal dealer to provide either a certificate of title or a certificate of ownership. The certificate of ownership must be a form approved by the Oklahoma Tax Commission. Current law requires the seller to provide either a certificate of title or a bill of sale. This legislation eliminates the use of the bill of sale as proof of ownership for sales to scrap metal dealers.

Director Maile indicated that the Attorney General’s office had questioned one aspect of a consent agreement that had been submitted. He further stated that they were having some issues with some of the things submitted to the AG’s office for review. Maile is working to ensure that the AG does not reject the proposed fines or disciplinary actions.

Commission staff audited wholesale dealers two years ago and audited manufactured housing and used car dealers last year. Audits of used cars dealers will continue throughout 2016. Forty-seven of the dealers that had issues were re-audited and staff has started taking random sampling of others.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 27 dealership inspections and had handled 51 complaints: 19 title issues, 9 contract violations, 10 mechanical issues, 13 miscellaneous, and 0 advertising. In addition, staff conducted 12 informal hearings.

A total of 28 dealers attended the on-site education program in March. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


March 8, 2016 [pdf]

Chairman John Longacre convened the March 8, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the February 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile called on Legislative Liaison Curt Roggow for the legislative update. Roggow advised that SB 1445, the bill to abolish the Commission, had failed in the Senate Appropriations Committee. The odometer fraud bill, SB 1175, passed out of the Senate with only two ‘no’ votes. Also, Senate Bill 1459 proposed giving non-profit organizations some of the benefits of being a used car dealer without requiring a license. Director Maile explained that the bill actually uses language calling a non-profit a dealer and that the bill would give non-profits authority to use metal dealer license plates.

Regarding dealer audits and violations, Commissioners recommended that any oral instructions issued by staff be followed with a written letter.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 22 dealership inspections and had handled 22 complaints: 6 title issues, 3 contract violations, 6 mechanical issues, 7 miscellaneous, and 0 advertising. In addition, staff conducted four informal hearings.

A total of 25 dealers attended the on-site education program in February. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


February 16, 2016 [pdf]

Chairman John Longacre convened the February 16, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the January 2016 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that the legislation to consolidate the New and Used Commissions had passed the Senate General Government Committee with the title removed. The legislation, SB 1445, is authored by Senator Dahm.

Director Maile reported that, in accordance with Executive office direction, a system had been implemented to submit license application denials to the Attorney General for review. The AG’s office had concurred on all denials submitted to date.

Maile presented proposed permanent rules regarding the two-year dealer license process. Commissioners adopted the rules as submitted.

Legislative Liaison Curt Roggow reported that the odometer fraud legislation (SB 1175) had passed the first committee unanimously.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 24 dealership inspections and had handled 26 complaints: 9 title issues, 3 contract violations, 5 mechanical issues, 9 miscellaneous, and 0 advertising. One court action against a curbstoner resulted in a $1,500 fine plus court costs. In addition, staff conducted three informal hearings.

A total of 21 dealers attended the on-site education program in January. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


January 19, 2016 [pdf]

Chairman John Longacre convened the January 19, 2016, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the December 2015 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that renewals were substantially completed. During the previous year’s renewal cycle, over $620,000 was received. In this renewal cycle, $1,200,000 has been received because of the new two-year licensing schedule. Amortizing the receipts to a one-year process shows a reduction of approximately $37,000. Maile noted that dealers have not complained about the requirement to obtain two-year licenses.

Director Maile proposed changing the office hours of operation to 8:00 am to 4:00 pm effective February 1. Except during renewal season, the office has very little foot traffic. The change will benefit staff who commute to the office. If the change adversely affects dealers, the hours will be returned to 8:30 am to 4:30 pm.

Maile indicated that he had been contacted by Senator Dahm’s office and invited to meet with the Senator. A bill authored by Senator Dahm proposes consolidating the Motor Vehicle Commission and the Used Motor Vehicle & Parts Commission.

Director Maile and Legislative Liaison Curt Roggow discussed odometer fraud and the proposed statute change. A person violating any of the provisions of the Odometer Setting Act with intent to misrepresent the true mileage driven of a motor vehicle shall be guilty of a misdemeanor and shall be punished by a fine of not more than $10,000, or imprisonment for not more than one year, or by both fine and imprisonment. In addition, a person violating the provisions of the Odometer Setting Act shall have civil liability for the greater of three times the actual damages or $1,500. The court may award court costs and attorney fees to the prevailing party in a civil action.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 50 dealership inspections and had handled 48 complaints: 18 title issues, 10 contract violations, 7 mechanical issues, 12 miscellaneous, and 1 advertising.

A total of 19 dealers attended the on-site education program in December. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


December 8, 2015 [pdf]

Commissioner Steve Ross convened the December 8, 2015, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the November 2015 meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile reported that staff is continuing to process renewals. All renewals received by November 10 had been audited. The number of renewals submitted is tracking with previous years even though they are for two-year versus one-year licenses.

Curt Roggow, Legislative Liaison for the Commission, reported that the Oklahoma Legislature is preparing for a possible billion dollar shortfall. Roggow also reported that effort is ongoing to elevate odometer fraud to a felony under Oklahoma law. It is a felony at the federal level but a misdemeanor at the state level.

The Commissioners conducted one hearing in which the Respondent was allegedly engaging in multiple violations, including selling salvage-titled, non-roadworthy vehicles and placing temporary license plates on the vehicles when sold; advertising vehicles for sale without disclosing that he was a dealer; setting different cash and credit prices for vehicles; assessing different processing fees; leaving titles “open” by failing to assign them; failing to use title receipts and “We Owe” forms. The dealer was assessed a $5,000 fine.

The Commissioners approved one consent agreement alleging the dealer failed to track temporary tags issued to customers. The dealer was assessed a $3,000 fine.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 17 dealership inspections and had handled 10 complaints: four title issues, two contract violations, zero mechanical issues, four miscellaneous, and zero advertising. Lancaster also reported that three informal hearings were held and one injunction had been granted.

A total of 19 dealers attended the on-site education program in November. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


November 11, 2015 [pdf]

Chairman John Longacre convened the November 10, 2015, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the October 2015 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile reported that staff is in the middle of renewals. They are short one employee and field investigators are assisting in the office to help get renewal licenses out to the dealers. Maile further reported that because of the two-year licensing fees, the Commission is receiving twice the revenue it ordinarily would. The Commission currently pays ten percent of revenue to the state general fund. Since the revenue is double this year, the State will receive the payment for 2017 in advance. Also, Maile reported that the Governor’s executive order requiring state agencies to reduce expenditures by ten percent did not apply to the Commission since it is a non-appropriated agency.

Director Maile advised the Commission members that all of the license denials that have been submitted to the Attorney General’s office for review have been approved. Attorney General liaison John Crittenden stated that the review process is working very well.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 26 dealership inspections and had handled 40 complaints: 14 title issues, four contract violations, seven mechanical issues, 15 miscellaneous, and zero advertising. Lancaster also reported that one injunction had been granted against an individual acting as a used dealer without benefit of license.

A total of 70 dealers attended the three on-site education programs in October. Thirty-three attended in pursuit of new licensing and 37 attended as a result of audit discrepancies. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


October 13, 2015 [pdf]

Commissioner Steve Ross convened the October 13, 2015, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the September 2015 meeting minutes, Ross called on Commission Director John Maile for his report.

Commission Director Maile reported that license renewals were going very well with minimal negative comments about the two year license. He said that most comments regarding the two year license were positive. Maile told the Commissioners that dealer audits were concluded with the beginning of license renewals. He said that they plan to make a regular feature of the audits next year since the staff will not be accomplishing renewals.

The director said that all of the license denials from September fell under the new requirements for review by the Attorney General’s office. Four out of five were routine and the Commission received the approval the next day. One license denial required additional review. The director and the Attorney General’s liaison to the Commission, John Crittenden, would be in communication with the AG’s point of contact regarding the Commission’s licensing and investigative process.

Commission Legislative Liaison Curt Roggow advised the Commission that he had visited with Preston Doerflinger, OMES Director, Representative Earl Sears, and Senator Clark Jolley. They anticipate a decline in revenues to the State. Agencies should refrain from asking for additional funding relative to the prior year and should expect funding cuts.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 19 dealership inspections and had handled 35 complaints: 14 title issues, five contract violations, six mechanical issues, 10 miscellaneous, and zero advertising. Lancaster also reported that the staff performed 53 dealership audits in September. Audited dealers that were delinquent will be re-audited in the spring. There were no court actions, however, several cases are pending.

Twenty dealers attended the on-site education program for licensing in September. Seventeen dealers attended the class directed at rectifying compliance issues. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


September 8, 2015 [pdf]

Commissioner Steve Ross convened the September 8, 2015, session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the August 2015 meeting minutes, Ross called on Commission Director John Maile for his report.

Commission Director Maile reported that staff was continuing to perform random audits on used car dealers. He stated they had found the value of doing the audits and intended to continue doing them through the end of the month. They will resume the audits next year.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 27 dealership inspections and had handled 32 complaints: 11 title issues, four contract violations, two mechanical issues, 13 miscellaneous, and one advertising. Lancaster also reported that the staff performed 43 dealership audits in August. Audited dealers who had issues that needed to be corrected are being required to attend the dealer education class.

Lancaster noted that the Marshall County District Attorney had filed felony charges against John and Stephanie Morgan for obtaining money by false pretenses. The Morgan’s had been operating as used car dealers and had been ordered to cease and desist their operation, but failed to stop. Lancaster reported that it was difficult to track the Morgan’s actions since they put the titles in the names of various individuals. The District Attorney has reported that he wants full restitution for the victims that have been harmed. A September 17 court hearing date has been set.

The Commissioners approved a consent agreement with Michael Moran, a member of RCM Motors, LLC; Owen Riggs, a member of RCM Motors, LLC, (both licensed used motor vehicle dealers); and Lionel “Gene” Wingfield and Keith Cleghorn, both licensed used motor vehicle salespersons. The consent agreement was subject to review and approval by the Attorney General.

The Commission assessed a $4,000 fine against Reza Mazrouee, an individual, Hassan Marzouee and Legends Auto Sales, LLC, a licensed used motor vehicle dealer, for allegedly employing unlicensed salespersons.

Information hearings involving the following dealerships were held in August:

Superior Auto Salvage

Southwest Car Sales

Iron Lightning

Best Way Auto


Thirty-four dealers attended the on-site education program in August. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


August 11, 2015 [pdf]

Commissioner Steve Ross convened the August 11, 2015 session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the July 2015 meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile introduced the new field investigator, Mark Hair. He currently lives in Chandler and will be working in the Oklahoma City area, north of Chandler, and east of Bartlesville. He will also be working in Tulsa with Brian Wilson. Mark started with the Commission on July 28 and has 30 years in the new car business. Director Maile said, “He has the background that we need.”

Director Maile advised the Commissioners that they finally got the budget approved for fiscal year 2016 and that funds can now be spent. He will email a copy of the budget, which is the same as last year’s budget, to each Commissioner.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 35 dealership inspections, performed 44 audits, and had handled 54 complaints: 21 title issues, seven contract violations, 11 mechanical issues, 13 of a miscellaneous nature, and two advertising violations. Lancaster also reported that a contempt citation had been issued against an active curbstoner. The individual had received a cease and desist order one year ago but had continued curbing cars. The contempt citation imposes a fine and probation.


Fines assessed during July included:


Information hearings involving the following dealerships were held in July:


Commissioners rejected a proposed consent agreement with Cars Plus. The issue may go to hearing. Alleged violations include:


Commissioners approved a proposed consent agreement with Prime Time Motorsports, LLC, resulting in a fine of $1,500. Alleged violations include:


Commissioners conducted a hearing involving Dreamhomes Mfg Home Sales, LLC and Charla Carroll, a salesperson. Charla Carroll has been licensed as a manufactured home dealer’s salesperson for the years 2012, 2013, and 2014. Carroll has been licensed as a manufactured home park dealer salesperson in 2015. Carroll is a convicted felon, having been convicted of felonies in 1995 and 2003. In making application for a salesperson’s license in 2012 through 2015 answered the question, “Have you even been convicted of or pled guilty or ‘no contest’ to a felony?” by making a check mark in the line after “No” on each application. The Commission alleges that Carroll knowingly and/or willfully made or caused to be made false statements of fact on each application for license in 2012, 2013, 2014 ad 2015. The Commission imposed a fine of $100 on Charla Carroll and $2,900 on Dreamhomes Mfg Home Sales, LLC.

Twenty-six dealers attended the on-site education program in July. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


July 14, 2015 [pdf]

Commissioner Steve Ross convened the July 14, 2015 session of the Used Motor Vehicle and Parts Commission (UMV&PC). Following roll call and approval of the June 2015 meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile advised the Commissioners that he was still waiting on final approval of the fiscal year 2016 budget. Staff had been requested to provide additional information and that was being submitted.  

Last month Director Maile discussed the possibility of moving the office. They still do not have all of the facts regarding the square footage and the cost per square foot. There will probably not be any action taken until after renewals next year.

Maile informed the Commissioners that random audits of the used car dealers were being performed in the office. They are doing three audits per day four days per week. He said that the audits are going pretty well and it gives the office staff something to do during summer.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 18 dealership inspections and had handled 35 complaints. Of the complaints, nine were title issues, six were contract violations, six were mechanical issues, and 14 were complaints of a miscellaneous nature.

Fines assessed during June included:

Commissioners discussed proposed rules necessary to implement SB 592. After review, the Commissioners voted to approve the proposed rules.  

Twenty dealers attended the on-site education program in June. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


June 9, 2015 [pdf]

Chairman John Longacre convened the June 9, 2015 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the May 2015 meeting minutes, Longacre called on Commission Director John Maile for his report.

Director Maile advised the Commissioners that Governor Fallin had signed SB 592 on June 4, 2015. The bill provides for two year licensing for used car dealers and salespersons. SB 592 also clarifies a used salesperson’s authority to use a dealer license plate for demonstrating, transporting, or any other normal business of a dealer and eliminates the cap on fines for unlicensed manufacturing home installers. Commission liaison Curt Roggow reported that there were two main things that didn’t get in SB 592  – the fee increases and  elevating odometer fraud to a felony offense. The odometer fraud language was approved in the House but was too controversial in the Senate, primarily be. The primary opposition to the odometer fraud language had to do with prison over-crowding.

The Commission rules implementing the Car Crusher statutes were not acted upon by the Legislature. The rules were sent back to the Governor’s office and were approved June 8. The rules will become effective July 25, 2015.  

Director Maile advised the Commissioners that they have been searching for alternate office space for some time. The proposed office space they are interested in is owned by the Law Enforcement Retirement System and is located on North 13th between Hudson and Walker in Oklahoma City. The UMV&PC would be located on the third floor along with the Pardon and Parole Board. The building has a large conference room that can be used for Commission meetings and education sessions. It may also be possible to use the Pardon and Parole Board conference room for informal hearings and meetings. Maile said that he expected the rent to be less since the office space is smaller. There should be some added stability to the facility which is in a good location. The last move cost the Commission $10,000.00 and Maile anticipates approximately the same fee for this move. There is adequate parking on both sides of the building and across the street.

The new budget is effective July 1, 2015. Staff is still dealing with the OEMS on the forms for doing the budget so are unable to submit the data to the Commissioners at this time. Maile further indicated that personnel changes will occur over the next six months. Office staff will be reduced by one. The Commission has begun the process of looking for another employee and will also be interviewing for an investigator.

Maile noted that last year all wholesale dealers were audited. This year, investigators will focus on audits of manufactured housing dealers and franchise used car dealers. They will be bringing in used car dealers beginning in the Oklahoma City area from now through September. The Commission staff will also perform random audits of the used car dealers.

In further discussion regarding the two-year licensing provisions of SB 592, Roggow said that legislators repeatedly asked whether the one-year license would still be available. The legislators also wanted to know how or whether persons licensing in the second year would be assessed a prorated fee. Roggow advised the legislators that the Commission was looking for a commitment to and longevity in the industry. Roggow said that the Legislature added one sentence to SB 592 to allow flexibility. Director Maile said, “We have the option of how we want to do it. The only limitation is that the license will expire on December 31.”

Director Maile said that he and staff had looked at ways to implement the two year license. Using the odd even year system, a person with multiple licenses might end up with an even and an odd number license. That person would end up renewing one license each year. He said that they could split it by industries, processing dismantlers and used car dealers at different times or manufactured housing. Maile said that he and staff had discussed just doing all renewals every two years. They could begin the two year license for this renewal season. Commissioner Holman said, “We thought doing half numbers would help you guys. The other thing would be if it’s a two year license that expires 12-31-17, license could be something that ends up less than 24 months for the first license.” Director Maile said that he would write the rules accordingly and he should be able to get the emergency rules done this calendar year.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 26 dealership inspections and had handled 32 complaints: Of the complaints, 11 were related to title issues, eight were contract violations, six were mechanical problems, and seven were complaints of a miscellaneous nature. The Commission held two informal hearings involving Remington Auto and Benitez Used Auto Sales.

Twenty-two dealers attended the on-site education program in May. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.



May 12, 2015 [pdf]

Chairman John Longacre convened the May 12, 2015, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the April 2015 meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile said that the Commission has always provided salesman’s cards to each member of a corporation even though the law and rules provide that they issue only one card without charge. The fee for additional corporate members is $25.00. Commissioners instructed Director Maile to follow the law. Director Maile said that the change would become effective July 1, 2015, which is the beginning of the fiscal year.

Director Maile recognized Curt Roggow for a legislative update. Roggow reported that Senate Bill 592, the UMV&PC request bill, failed the day before. The bill needed 24 ‘yes’ votes and received 19. The bill was held for reconsideration. Roggow told the Commissioners that the most controversial part of the bill is the odometer felony section. Commissioners discussed the issue and advised Roggow to have the odometer felony section of the bill removed if it appeared that it would cause the entire bill to be defeated.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 37 dealership inspections and had handled 41 complaints. Of the complaints, 15 were related to title issues, six to contract issues, five to mechanical issues, 15 to miscellaneous issues, and none to advertising issues. The Commission held 13 informal hearings involving Results, Inc., Stewart Motorsports, Sunrise Auto Acceptance, University Auto Sales, Value Motors, Doug’s Auto Deal, Region Auto Remarketing, Five Star Auto Sales, E Auto (Nationwide Auto Group), Mirage Motors, Binger Auto Sales (surrendering license), Bentley Auto Sales, and Orient Auto Sales.

Thirty dealers attended the on-site education program in April. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


April 14, 2015 [pdf]

Chairman John Longacre convened the April 14, 2015, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the March 2015 meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile presented a plaque of appreciation to Julian Codding who had served as a Commissioner for the UMV&PC. In accepting the plaque, Julian said, “The UMV&PC is a great organization that is here to help the public and the dealers. One of the greatest inventions for civilization was the stop light. We have to have rules that can be mercifully and humanitarianly enforced. It is important that there is a good Commission like the UMV&PC. The Commission does a great job. The Commission staff brought all of the wholesale dealers in for an audit. When areas were identified that were not being handled correctly, the staff position was to educate and create a solution for the problem. That is typical of how government can serve best by defining the rules and enforcing them.”

Director Maile recognized Curt Roggow for a legislative update. Roggow reported that Senate Bill 592 was heard last week in the House Appropriations and Budget Committee. Commissioner Jim Holman testified before the committee and answered questions posed by the Legislators. Besides UMV&PC fee increases and two-year licensing provisions, SB 592 now also contains the language establishing odometer fraud as a felony. The bill passed the committee 18 to 8. It now goes to the House floor for a vote and then must travel to the Senate where the Senate must accept the House amendments before it can become law.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 25 dealership inspections and had handled 28 complaints. Of the complaints, 12 were related to title issues, one to contract issues, four to mechanical issues, ten to miscellaneous issues, and one to advertising issues. The Commission held 13 informal hearings involving Ace Rides, Champion Trucks, A & M Auto Sales, Car Source, Crawford Auto Sales, BG Motors, F & M Auto Wholesale, In & Out Auto Sales, Mercury Auto Remarketing, Eastern Motors, Hi Hat Auto Sales, MWC Sports & Imports, and Noon Motors. Champion Trucks surrendered its license rather than follow the Commission recommendations.

Twenty-three dealers attended the on-site education program in March. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.



March 10, 2015 [pdf]

Chairman John Longacre convened the March 10, 2015, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the February 2015 meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile reported that Senate Bill 592, the bill that contains the two-year license provision, is still alive. The fee increase that was in the bill has been removed in order to allow the legislation to pass out of the Committee. The odometer bill, Senate Bill 626, was dual-assigned to committees. It passed out of the Tranportation Committee where John Longacre testified. It was also assigned to the Appropriations Committee where it received a tie vote and did not pass. Three senators who opposed SB 626 later decided to support the language. According to legislative liaison Curt Roggow, the odometer language will now be added to SB 592 while it is on the House side.

With regards to the Commission’s supervisory duties, Director Maile advised the Commission members that the staff completed audits of the wholesale dealers last year and would be following up on those dealers who needed to improve their administrative practices. Also, Director Maile indicated that the staff would be focusing on dealer compliance with advertising rules in the current year.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 18 dealership inspections and had handled 18 complaints. Of the complaints, six were related to title issues, three to contract issues, one to mechanical issues, eight to miscellaneous issues, and none to advertising issues. The Commission held two informal hearings involving Thunder Auto Sales and The Car Trader. Also, one injunction was filed and granted against Dennis Jones from the Shawnee area.

Fifteen dealers attended the on-site education program in February. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


February 17, 2015 [pdf]

Chairman John Longacre convened the February 17, 2015, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the January 2015 meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile introduced Dan Derr (Thoroughbred Motors, OKC), the new UMV&PC Commissioner. Dan is replacing Julian Codding and will complete his unexpired term.

Continuing the Director’s report, Director Maile advised the Commissioners that the State of Oklahoma has a 600 million dollar shortfall and that the Governor has issued an executive order freezing all state hiring and state pay raises. Maile said that he was not sure how that would affect the Commission’s unfilled investigator position.

Director Maile then introduced legislative liaison Curt Roggow for an update. Roggow reported that Senate Bills 592 and 626 had been filed. SB 592 includes the provision for biennial licensing and various fee increases. The bill has been assigned to the Senate Business and Labor Committee. Committee chairman Dan Newberry has indicated that he would consider hearing the bill. SB 626 is the bill to change odometer fraud from a misdemeanor to a felony. At the federal level the offense is considered a felony and the change to Oklahoma law would mirror the federal law. The bill is dual-assigned. Roggow told the Commissioners that there is great concern at the Capitol regarding prison overcrowding and that could impact passage.

Following Roggow’s update, Director Maile discussed House Bill 2129 that would change the payment to the State from the Commission’s revenue to 15% from 10%. He also noted that House Bill 2221 by Representative Grau changes the temporary tag on new vehicles from date of sale to expiration date. The bill did not include used vehicles. It was agreed that, if the bill appeared likely to pass, changes should be made to include used vehicles in order to ensure uniformity. Director Maile reported that SB 796 is a Title 42 bill sponsored by the Oklahoma Wrecker Owners Association. SB 796 is an attempt to undo changes to the possessory lien process that were made on behalf of dealers and lien holders.

Director Maile reported that there has been discussion about getting OSBI reports or federal reports on new applicants for any license. The objective is to reliably identify applicants who are felons. The current procedure relies on disclosure by the applicant. One approach would be to require the applicant to provide the report at a cost of $17.

Chief Investigator John Lancaster informed the Commissioners that the investigators had completed 18 dealership inspections and had handled 30 complaints. Of the complaints, 11 were related to title issues, five to contract issues, nine to mechanical issues, five to miscellaneous issues, and none to advertising issues. The Commission held four informal hearings involving Hollis Auto Sales, Floorplan Express, Cars Plus, Maxey Homes/Legacy Homes-Brian Johnston.

Fourteen dealers attended the on-site education program in January. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.


December 9, 2014 [pdf]

Chairman John Longacre convened the December 9, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the November meeting minutes, Longacres called on Commission Director John Maile for the Director’s report.  

Director Maile advised the Commissioners that legislative liaison Curt Roggow was out-of-state but had reported that the statute changes requested by the Commission were in process. Those changes included increasing salvage pool auction fees; two-year licensing for dealers; and changing odometer fraud from a misdemeanor offense to a felony. The odometer fraud change would bring the state law into alignment with the federal law which already establishes odometer fraud as a felony offense.

Director Maile informed the Commissioners that former Commission member Roy Burch had passed away and his funeral services were scheduled for that afternoon at 2 pm.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 29 inspections and handled 20 complaints during November. Of the complaints, ten were related to title issues, two to contract issues, and eight to miscellaneous issues. Lancaster told the Commissioners that the education program conducted at various site sacross the state had been fairly successful. He stated that most of the dealers were appreciative that the staff was providing the education program.

Eighteen dealers attended the on-site education program and 36 attended the education class in Ardmore in November. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.



October 14, 2014 [pdf]

Vice-Chairman Steve Ross convened the October 14, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the September meeting minutes, Ross called on Commission Director John Maile for the Director’s report.  

Director Maile reported that crusher rules for the implementation of the Oklahoma Car Crusher Act, HB 1516, had been approved by the Governor the week before. The commission is positioned to begin the licensing process for crushers on November 1, 2014, the date the law goes into effect. Letters were being sent to the licensed dismantlers regarding the crusher license because a number of them are also crushers.

Director Maile had sent an email to the Commissioners regarding a proposal to increase the pool fee from $2.00 to $5.00. People who go to the pool are unlicensed and that requires the Commission to do an investigation. Mr. Maile stated that he believed there should be an exemption for auctions conducted by governmental entities. Commissioner Siegfried stated that he did not believe the $5.00 fee was enough for the public. Lobbyist Curt Roggow stated that fee increases are not popular with the Legislature. The Commission is a non-appropriated agency and does not depend on appropriations by the Legislature. The fee being discussed is a user fee. Director Maile advised the Board that he was still working on the statute and the rule changes. He agreed to email the proposed changes to the Commission members.

Chief Investigator John Lancaster advised the Commission members that audits of all licensed wholesale dealers had been completed. Only one dealer was found to be doing all of his paperwork correctly. Lancaster said that they did not try to enhance the Commission revenue by assessing fines. Instead, they tried to educate the dealers. Fines will be assessed in the future when the staff revisits the dealers if they have not made corrections. Commissioner Codding stated that he like the concept of educating the dealers rather than throwing rocks at them. He considered that to be proactive.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 30 inspections, issued 17 cease and desist letters, and handled 28 complaints during September. Of the complaints, five were related to title issues, eight to contract issues, eight to mechanical issues, and seven to miscellaneous issues. The Commission staff held five informal hearings involving Champion Truck Sales, Fenton Motors, Boucher Auto Sales, Black’s Auto, and Car Source OKC.

Thirty-five dealers attended the on-site education program in September. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

 


September 9, 2014 [pdf]

Chairman John Longacre convened the September 9, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the August meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile noted that the proposed Car Crusher Act rules had been returned to the Commission with comments by the Governor’s office to revisit certain fees. Staff suggests waiving the Crusher investigator fee for companies already holding a Dismantler’s license. Also, in accordance with the Act, the late fee will be assessed for renewal applications received after June 15 rather than after June 1. After discussion, it was determined that language will be included to require licensed crusher equipment to display a sticker issued by the Commission.

Maile then provided an update on legislation intended to raise fees and transition to a two-year licensing program. The Commission is currently running an annual deficit of $100,000 to $150,000. If additional funding is not forthcoming, a reduction in staff will be necessary. He recommended two areas for change: (1) Raise the insurance pool fee from $2 per car to $5 per car to raise $120,000; (2) Increase the Used Dealer licensing fee from $150 to $200 to raise $125,000.

Maile continued by estimating that the agency is facing approximately $50,000 in staff pay increases in the coming year. Deadline for submission of legislation is the first week in December. More concrete numbers will be provided at the October meeting.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed twenty-seven inspections, issued two cease and desist letters, and handled thirty complaints during August. Of the complaints, seven were related to title issues, eight to contract issues, seven to mechanical issues, and eight to miscellaneous issues. The Commission staff held twenty-six informal hearings involving Triple T Motors, Swinney Wholesale, Swift Motors, The Hudson Company, Awesome Auto Sales, Darrells Auto Wholesale, Crawford Auto Sales, Travel Time, Excel Auto Sales, F & M Auto Acceptance, Truck-N-Trailer, Value Motors, Sunrise Auto Acceptance, Good Buy Trucks, Region Auto Remarketing, BG Motors, IMTZ Auto Sales, New Krutown Auto Sale, Hi-Hat Auto Sales, eAuto, Gold Star Auto Sales, Red Fork Motor Company, C.W. Auto Sales, Raj Auto Sales, and South West Car Sales. One injunction was granted in District Court against John Morgan.

Twenty-nine dealers attended the on-site education program and twenty-eight attended the satellite education program in August. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

Commissioners discussed the alleged practice of some insurance companies selling vehicles with incorrectly branded titles. The concern is that some insurance companies are intentionally saying vehicles are “clean” even though they have suffered sufficient damage to warrant a “Salvage” or “Junk” title brand. Director Maile indicated that it has been a multi-year issue. Insurance companies are authorized to state the status of the vehicle and the OTC accepts the statements without question. In many cases, the insurance pools actually obtain the title for the insurance company. Chairman Ross suggested getting the Insurance Commission involved.

The Commissioners went into Executive Session to discuss hiring a Deputy Director. No action was taken.

Upon Commissioner Codding’s suggestion, the Commissioners made a decision to honor Odell Morgan, Executive Director of the OIADA, with a proclamation as “Oklahoma’s Quality Ambassador” in recognition of his lifelong service to the automotive industry.


August 12, 2014 [pdf]

Chairman John Longacre convened the August 12, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the July meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile reported that staff had begun monitoring Craigslist for indication of unlicensed dismantler activities and would be following up on the leads found to date.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 29 inspections, issued 19 cease and desist letters, and handled 39 complaints during July. Of the complaints, 14 were related to title issues, seven to contract issues, 11 to mechanical issues, and seven to miscellaneous issues. The Commission staff held four informal hearings involving Specialized Auto Sales, Car Complex, Santa Fe Auto Sales, and Triple T Auto Sales. Staff completed nine wholesale dealer audits involving Car Source, DFC Auto Remarketing, Floorplan Express, GMAC, John Culbertson Truck Sales, In & Out Used Cars, Midwest Transit Auto Sales, Sigma Motors, and Auto Bank.

Twenty-eight dealers attended the on-site education program and 37 attended the satellite education program in July. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

During Commissioner comments, Chairman Longacre raised the issue of odometer rollbacks. During discussion led by Longacre, Commissioners indicated a desire for the Commission to work toward strengthening the severity of penalties associated with odometer rollback violations.

Commissioners reviewed and approved the draft rules implementing the Oklahoma Car Crusher Act, HB 1516. The law goes into effect November 1, 2014. The emergency rules must be presented to Governor Fallin before November 1. The Governor will have 45 days to review and sign the rules.


July 8, 2014 [pdf]

Commissioner Jim Davis convened the July 8, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the June meeting minutes, Davis called on Commission Director John Maile for the Director’s report.  

Director Maile reported that staff was working on the rules for the implementation of the Oklahoma Car Crusher Act, HB 1516. Proposed rules will be presented at the August 2014 UMV&PC meeting. The law goes into effect November 1, 2014. The emergency rules must be presented to Governor Fallin before November 1. The Governor will have 45 days to review and sign the rules.

Commissioner Davis then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 31 inspections, issued six cease and desist letters, and handled 31 complaints during June. Of the complaints, nine were related to title issues, five to contract issues, seven to mechanical issues, and 10 to miscellaneous issues. The Commission staff held 10 informal hearings involving Wholesale Vehicle Dealer, A & M Auto Sales, Ada Auto Group, Adams Auto, Advance Auto Works (no show), Auto Remarketing, AMI Auto Sales, Auto Dude Wholesale, Automotive Group, Automay Car Sales.

Twenty-two dealers attended the on-site education program and 77 attended the satellite education program in June. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.



June 10, 2014 [pdf]

Chairman John Longacre convened the June 10, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the April meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile reported that House Bill 1516, the Oklahoma Car Crusher Act, had passed and was signed by Governor Fallin. Director Maile noted that the Commission would need to write rules for the Oklahoma Car Crusher Act. The law goes into effect November 1, 2014. The emergency rules must be presented to Governor Fallin before November1. The Governor will have 45 days to review and sign the rules. The Director als noted that Senate bill 582 had passed and was signed by the Governor. SB 582 addresses loopholes in the Tile 42 lien process and should be a great improvement for the dealers. Commissioner codding stated that OIADA was able to pass the legislation on behalf of dealers and the automotive industry.

Director Maile stated that complaints regarding internet advertising are becoming more prevalent. Some dealers post one price on the internet and have a different price for the vehicle at the store. Multiple prices are also posted depending upon where the ad is located. Director Maile does not believe that is a good business practice and recommended that rules be developed to address the issue. He suggested that the effort should be coordinated with the Oklahoma Motor Vehicle Commission since the complaints involve both new and used car dealers.

Maile advised the Commissioners that the field audits conducted by the Commission now include a review of the dealer’s use or non-use of Buyers Guides. He noted that several dealers are not complying with the Federal Trade Commission’ Used Car Rule that requires the posting of a Buyers Guide form in each vehicle offered for sale.

As a result of the floor-plan/consignment program being promoted by The Key dealership, proposed language for new consignment rules was distributed to Commissioners. A public hearing will be scheduled for the rules.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 28 inspections, issued 19 cease and desist letters, and handled 28 complaints during May. Of the complaints, six were related to title issues, seven to contract issues, six to mechanical issues, eight to miscellaneous issues, and one to advertising. The Commission staff held 15 informal hearings involving Triple Nickel Truck Sales, Car USA Remarketing, Eagle International Auto Sales, Gerald Vaughn Auto Sales, Austin Motors, Mercury Auto Remarketing, MWC Sports & Imports, Noon Motors, RMC Auto Remarketing, SRB Wholesale Auto, Y2K Auto Finders, Remington Auto, Semi Used, Results Inc. Auto, Doug’s Auto Deals.

Thirty-six dealers attended the on-site education program and thirteen attended the satellite education program in May. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s on-site education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.



May 13, 2014 [pdf]

Chairman John Longacre convened the May 13, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the April meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile deferred to Legislative Liaison Curt Roggow for the legislative update. Mr. Roggow reported that a procedural incident had occurred with Senate Bill 792, the Car Crusher bill. The author had transferred the bill to another senator to use for a different purpose. At Roggow’s request, Representative Pam Peterson had agreed to let the crusher language be inserted in her House Bill 1516. Roggow was reservedly optimistic that the procedural change would work and that the bill would be passed.

Continuing the Director’s report, Maile addressed the need for a fee increase as proposed at the April meeting. The Commission’s manufactured housing revenue is down approximately $50,000 from 2004 levels primarily due to a drop in the number of licensees. Dismantler fees are also down for the same reason with the number of licensees dropping from 800 down to less than 400. The agency is required to submit 10% of its revenue to the state for support services; it is unlikely that the percentage can be reduced or eliminated. An increase in revenue of approximately $100,000 is needed to achieve equilibrium. Maile recommended that the Commission ask for more than that in order to avoid the need for another immediate increase. Revenue can be increased by raising insurance pool fees to four or five dollars per vehicle and by raising used dealer and salesman, dismantler, and manufactured housing license fees. Maile also suggested the possibility of charging a fee for the education program to persons attending as a result of a violation. In order to accomplish the fee increases next year, a clear plan must be developed by late November 2014.

Commissioner Ross then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 21 inspections, issued two cease and desist letters, and handled 12 complaints during April. Of the complaints, four were related to title issues, three to contract issues, two to mechanical issues and three to miscellaneous issues. The Commission staff held eleven informal hearings involving A & K Auto Remarketing, Frisco Auto Group, Skyline Motors, Auto Planet, Cruce Auto Sales, Guthrie Auto Trust, Keywest Auto Acceptance, SAAD Car Sales, Autopars Sales, Five Star Auto Sales, and GAB Motors. Staff continues to focus on wholesale dealer audits, encouraging those whose paperwork is non-compliant to attend the education program. A permanent injunction was granted against Glen Christiansen for curbstoning. A temporary injunction was granted against Tavanger (a former dealer) for curbstoning.

Twenty-six dealers attended the on-site education program in April. Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in the conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

Lancaster reported that investigators had visited The Key to discuss an advertising flyer brought to the Commission’s attention at the April meeting. After reviewing the flyer, Josh Fish, the dealership principal, acknowledged that certain required advertising disclosures were missing from the piece. Fish indicated that the problem would be corrected. Staff reviewed paperwork on random sales and determined that vehicles were, in fact, being sold according to the terms offered in the flyer. Investigators also discussed with Mr. Fish the consignment agreements being offered to other dealerships by The Key. According to Lancaster, Fish indicated that the arrangements are overly labor intensive, that too few dealerships are interested in entering into such an agreement, and that The Key is considering replacing the consignment program with a financing program.

As a result of the consignment program being offered by The Key, Commissioners again reiterated their intention to accomplish a rule change that would amplify and clarify the consignment language governing independent dealers. Commissioners are concerned about the possibility that consumers will not realize they are purchasing a car from a dealer other than the one whose lot they visited. Commissioners generally believe that the transaction should be accomplished in the name of the consignee dealer. Staff was directed to draft a rule for presentation at the June meeting.


April 8, 2014 [pdf]

Commissioner Steve Ross convened the April 8, 2014, session of the Used Motor Vehicle and Parts Commission. Following roll call and approval of the March meeting minutes, Ross called on Commission Director John Maile for the Director’s report.  

Director Maile deferred to Legislative Liaison Curt Roggow for the legislative update. Mr. Roggow reported that Senate Bill 792, the Car Crusher bill, remains in a holding pattern and will be advanced to the conference committee within the next several weeks.

Maile continued the Director’s report by recommending that the Commission pursue a fee increase next year in conjunction with the effort to enact multi-year licensing. Maile will provide details on revenue sources to the commissioners via email. The effort should begin within the next few months in order to be ready for the next legislative session. In response to a question from Commissioner Codding, Maile indicated that mandatory salary increases are the only anticipated changes to expenses. He further noted that the staff is trying to keep technical updates within reason.

Commissioner Ross then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 26 inspections, issued nine cease and desist letters, and handled 18 complaints during March. Of the complaints, five were related to title issues; six to contract issues; two to mechanical issues and five to miscellaneous issues. The Commission staff held 11 informal hearings involving Drive N Style Motors, Burkes Buggys, Al’s Auto, Let’s Roll Auto Sales, Paris Auto Sales, Courtney Unlimited Auto Sales, Down The Road Motors, Sallisaw Auto Brokers, Stallings Wholesale Motors, Lee Sales Used Auto, and Chavez Chassis. Investigators performed 11 wholesale dealer audits. Lancaster indicated that the paperwork at wholesale dealers is generally not as good as required. In order to help them improve, they are being encouraged to attend the off-site education class when it is in their area. Twenty-four dealers attended the on-site education program in March.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

Maile then raised the issue of the floor-plan / consignment arrangements being promoted by an Oklahoma City dealer. John Crittenden, Attorney General Liaison, reported that he had reviewed the consignment agreement and found no conflict with Commission Rules. Crittenden further indicated that the documents appeared to have been professionally prepared. In discussion, various commissioners indicated their concern that the consumer is being misled by the arrangements. Under the current agreement, the consumer may not be aware that he is purchasing a consigned vehicle until finalization of the transaction. The consumer may be under the impression that he is purchasing a vehicle from a particular dealer when, in fact, he is purchasing from a different dealer. Commissioners reiterated their preference to clarify the consignment language through a Rule change.

Commissioners considered the application for a used motor vehicle dealer license submitted for 48 Auto, LLC. Principals are Sandra Lynn Allen, Harry Allen, Jr., Judy Allen, and Nickolaus Ty Allen. Principals are immediate relatives of Nick Allen, Allen’s Used Cars, who is under court order to refrain from participation in a licensed dealership because of activities associated with title laundering of salvage vehicles. At the request of Chairman Maile, Chief Investigator Lancaster summarized Nick Allen’s disposition of the 16 vehicles remaining in inventory at the time of the court order in 2013. According to Lancaster, 13 vehicles went to Let’s Ride in Okmulgee but Let’s Ride never paid for the vehicles. Let’s Ride was unable to sell the vehicles and titles were then assigned to Alliance Motors of Tulsa. An agent of Alliance took the vehicles to Bristow where three were sold in return for payment by check made payable to the agent. At the time of transfer of these three vehicles, Sandra Lynn Allen served as notary on the titles. Upon questioning by Maile, Ms. Allen (wife of Nick Allen) indicated that she had previously assigned titles to the vehicles but had never collected any money for them. She further indicated that she had served as notary for Nick Allen on the fraudulent titles that gave rise to Allen’s court order, and that she was not fully aware of what her husband was doing (with respect to the fraudulent titles) but that she had advised him he should not be doing it. With respect to the license application under review, Ms. Allen indicated she would run the business without assistance from Nick Allen. She further indicated that her intention was to have vehicles rebuilt on a contract basis. After discussion, a motion was made to deny the application, in part because of the safety issues relating to Nick Allen’s former activities and in part because Ms. Allen was knowledgeable about those activities. Motion to deny the application received a second and was approved.


March 11, 2014 [pdf]

Chairman John Longacre convened the March 11, 2014, session of the Used Motor Vehicle and Parts Commission.  Following roll call and approval of the February meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile deferred to Legislative Liaison Curt Roggow for the legislative update. Mr. Roggow noted that three bills were of primary interest to the Commission. Senate Bill 1588 [Dahm] that proposed merging the UMV&PC with the MVC was not heard in committee and is now dead. House Bill 3368 [Echols] is the Vehicle Condition Disclosure Act. The bill resulted from a 2011 Civil Appeals Court case in which the court ruled that a salesman’s verbal disclosure negated the “as-is” condition of a vehicle sale. Echols’ intent is to provide support for the dealers in non-warranty sales. According to Roggow, Echols will not be pushing the bill this session, but the issue will likely be revisited next year. SB 792, the Car Crusher bill, is currently in a holding pattern and will be promoted at an opportune time. Roggow went on to say that a large number of legislators will not be seeking re-election and the 2015 session of the state legislature will see the largest freshman class of senators and representatives in the state’s history.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster reported that staff completed 18 inspections during February and handled 27 complaints.  Of the complaints, nine were related to title issues; eight to contract issues; five to mechanical and five to miscellaneous issues. The Commission staff held six informal hearings involving Champlin Motors, Quik Credit/Fairway Motors, Ardmore Auto Works, Car King Motorsports, Amana Car Sales, and Legacy Homes. In addition, 17 dealers attended the education program. Lancaster reported that staff continues to pursue wholesale dealer inspections and noted that some of the informal hearings involved wholesale dealers. In addition, when staff finds violations during the course of an inspection, the erring dealer is encouraged to attend the off-site education class when it is in their area.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

The Commissioners then addressed two formal hearings and one consent agreement. In the first hearing, the respondent Gary Sorrels of C&G Autos is a wholesale dealer who has consigned vehicles to a retail dealer for sale to the public through a public auction. After hearing the evidence, Commissioners determined unintentional violations had occurred and assessed a fine of $50 against Mr. Sorrels.

The Consent Agreement involved Jack Tucker of Tucker Motor Company. Mr. Tucker was the retail dealer consignee associated with Mr. Sorrels. Mr. Tucker admitted to running Mr. Sorrels’ vehicles through public auctions and agreed to the $50 fine assessed by the Commissioners.

In the second hearing, the respondent, Kent Lee of Lee’s Used Autos, LP, allegedly sold vehicles from an unlicensed location and rebuilt vehicles without a rebuilder’s license over a multi-year period. After hearing the evidence, the Commissioners went into Executive Session. Following return to open meeting, Mr. Lee was assessed a fine of $4,000 for sales conducted at a non-licensed location and $1,000 for rebuilding without a license.

Maile then presented the Executive Director’s report. With regard to the two-year licensing initiative, Maile noted that Virginia has an optional two-year license structure and that Texas has recently moved to a mandatory two-year license. He suggested that, if the Commission pursues legislation in 2015 for multi-year licensing authority, a fee increase be enacted at that time. Other considerations in the multi-year licensing issue would be the requirement to move to a multi-year bond and to accomplish a state database change in order to handle two-year licenses.

Continuing his report, Maile addressed metal dealer plates. The current rule allows the use of used dealer metal plates for demonstrating, transporting, and normal business use. “Normal business use” is subject to broad interpretation resulting in inconsistent enforcement of the law. Commissioners recommended changing the rule to mirror the Motor Vehicle Commission language exempting new vehicle salespersons from any restrictions on the use of metal dealer plates.

Maile then addressed the floor-plan / consignment arrangements being promoted by an Oklahoma City dealer. Maile reported that he had reviewed the dealership’s proposed agreements prior to their implementation. His opinion was that the proposal represented a floor-plan arrangement which was outside the authority of the UMV&PC. Commissioners expressed concern that the arrangement was bordering on sales at an unlicensed location since the title passes directly from the original dealer to the purchaser. The dealer on whose lot the sale actually occurs is never documented on the title or the bill of sale. Commissioners directed staff to again review the agreement and the governing rule’s language with the objective of amplifying and clarifying the consignment language.



February 11, 2014 [pdf]

Chairman John Longacre convened the February 11, 2014, session of the Used Motor Vehicle and Parts Commission.  Following roll call and approval of the January meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile reported that the first off-site education program had been held in Oklahoma City. Thirty-six people were in attendance. Staff had received commitments from others that did not attend, presumably because of the weather and icy road conditions. Referencing the January 2014 Expenditures Report, Maile explained that the $10,521.63 disbursement to the Oklahoma Public Employees Retirement System was compensation for sick leave accumulated by Kenneth Whitehead at the time of his retirement. Maile next reported that since lobbyist Roggow was not in attendance, the legislative update report would be emailed to the commissioners. He noted that Senate Bill 1588 that would merge the UMV&PC with the MVPC was still alive and that the Car Crusher bill was still being worked on. Maile concluded by noting that the list of dealers and salesmen had been added to the website, and that other items will be added in the future.

Chairman Longacre then called on Chief Investigator John Lancaster for his report. Lancaster informed the Commissioners that investigators had visited insurance pools several times recently in an effort to build cases against non-licensed individuals purchasing vehicles with the intent to resell. While on this topic, Commissioner Latham expressed concern about individuals purchasing multiple salvage vehicles, putting one vehicle in tow behind the other, and getting out on the interstate. Commissioners recommended Maile contact the DPS to discuss whether law enforcement could stop the vehicles once they are on the road.

Lancaster then reported that staff completed 38 inspections during January and had handled 29 complaints.  Of the complaints, seven were related to title issues; nine to contract issues; five to mechanical and eight to miscellaneous issues. The Commission staff held two informal hearings and had two temporary injunctions granted. In addition, 31 dealers attended the education program.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license. These education sessions are being held in conference room at 2401 NW 23, Oklahoma City. Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.

Chairman Longacre then asked for Commissioners’ comments. Commissioner Shreve asked for an update on the proposal to transition to a two-year dealer license. Maile indicated that no action had been taken and suggested that the issue should be held until next year. After discussion, Commissioners directed Maile to conduct research and determine the steps involved in making the transition.



January 21, 2014 [pdf]

Chairman John Longacre convened the January 21, 2014 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the December, 2013 meeting minutes Longacre called on Commission Director John Maile for his report.

Director Maile noted that the Commissioners were without legal counsel from the Attorney General’s office for the January meeting.  The Director further noted that John Holt had been reappointed by Governor Fallin for another six year term.  In addition, terms for Commissioners Ralph Rooks and Jim Holman were expiring this year.  “Both Commissioners are seeking reappointment and would appreciate any calls to the Governor supporting their reappointment,” he said.

Director Maile introduced new hire Nina Pearman.  She had been hired as a temporary employee during renewals, but has been retained as a permanent employee.  She will be assuming some of Sherry Killian’s work load and becoming familiar with her duties so the Commission will have someone who knows and can duplicate what Sherry does.  

Maile noted that staff would be conducting education programs throughout the state on a monthly basis.  

The Commission has a 2014 goal of auditing all wholesale dealers.  There are 130 licensed wholesale dealers and, with help from the office staff, field agents will be able to perform those audits.  Maile indicated staff wants to become more familiar with wholesale dealers’ performance.

Commission Legislative Liaison Curt Roggow discussed the three 2014 legislative bills that he has tagged as most important.  Senator Nathan Dahm has introduced SB 1588 which would abolish the UMVPC.  As yet, there is no House author for the bill.  Roggow said that he wouldseek to learn the background and purpose of the bill.  The bill would abolish the UMV&PC and the commission’s functions would transfer to the Oklahoma Motor Vehicle Commission.That commission would remain intact without any representation on the combined commission for independent used car dealers.

At the top of Roggow’s list was SB 792 – the crusher bill.  It was a victim of time last year.  With the Legislature now in its second session,the bill can be activated, and sent back to conference where changes can be considered.

HB 2314 deals with pay raises for state employees. Roggow stated that the bill should get a lot of traction this year.  State employees have not had a pay increase since 2006.  Passage of that bill would affect the Commission budget.  Currently the state takes ten percent of the Commission fees.  Roggow reported that he has started a discussion with Senator Anderson for considering the potential for reducing that fee on non-appropriated agencies like the UMV&PC.  

Commissioner Jim Holman noted that SB 582, which deals with Title 42 processes, was getting traction from some other places.  Curt Roggow made note to track that bill.

Chief Investigator John Lancaster informed the Commissioners that investigators do not get out in the field much in December since they are assisting in the office with renewals.  Lancaster noted staff had nevertheless completed 37 inspections during December and had handled 25 complaints.  Of the complaints, nine were related to title issues; seven to contract issues; six to mechanical and three to miscellaneous issues.  The Commission staff held two informal hearings.  

During Commissioner’s comments, Commissioner Holman noted that an Oklahoma City dealership was introducing a floor plan consignment agreement with other dealerships and suggested that Commission staff investigate the validity of such a program.

Also during Commissioner’s comments, Commissioner Terry Shreve suggested that before any additional staff is hired, the Commission implement a two year dealer license.  He noted that there are numerous reasons to do that.  Director Maile noted that Curt Roggow had reserved a bill for general purposes and that such a change could be addressed there.  

Commissioner Holman noted that on one of the consent agreements the dealer voluntarily attended the education program.  He suggested that requirement be a part of each consent agreement.  Commissioner Norman Latham asked if it would be difficult for staff to follow up on the outcome of consent agreements and report back to the Commissioners.  Director Maile said that staff could do that since they don’t have that many consent agreements.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are generally held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting at 2401 NW 23rd, Oklahoma City.  You are asked to call 405-521-3600 to make reservations so staff can be prepared to accommodate you.



December 10, 2013 [pdf]

Chairman John Longacre convened the December 10, 2013 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the November meeting minutes Longacre called on Commission Director John Maile for his report.

Director Maile reported that the staff was primarily focused on license renewals and reaffirmed the previous month’s statement that the number of renewal applications is tracking with the prior year. Staff is working through the applications of salespersons flagged as non-compliant by the Tax Commission; approximately 400 of the original 1,000 remain outstanding. In response to Maile’s request for further detail, Administrative Supervisor Sherry Killian reported that the “statutory deadline” had been met, indicating that applications received prior to November 1 had been processed within the statutorily required timeframe. Processing of the remaining applications will continue but staff does not face a statutory deadline for completion.

Director Maile also reported on physical conditions of the office. He has submitted a request to the state that the office either be remodeled or the agency be moved to an alternative facility. Alternative facilities include an office area on the second floor at the Shepherd Mall location and other locations nearer the capital complex on Lincoln Blvd. He indicated the decision should be forthcoming within the next two months.

Director Maile then addressed the education program and “blitz” audit schedules mentioned at the November meeting. Staff had developed a schedule to take the education program “on the road” with the first session to be held in Oklahoma City. The sessions will typically be scheduled for the last week of the month and will be open only to currently licensed dealers. Staff will be sending out flyers and making phone contact in the immediate future. Also, bi-monthly audits for all dealers within selected communities will begin in the coming year.

Director Maile noted that the legislative season was approaching. Legislative liaison Curt Roggow had reserved a bill for the Commission’s use but Maile indicated he was not aware of any pending legislative needs. He reminded the Commissioners that the car crusher bill from last spring was still alive in conference committee.

Chairman Longacre then asked for the Chief Investigator’s report. Chief Investigator John Lancaster noted that staff had completed 39 inspections during November and had also handled 27 complaints. Of the complaints, 9 were related to title issues; 6 to contract issues; 7 to mechanical issues; and 5 to miscellaneous issues. In addition, 24 dealers attended the education program. Lancaster also noted they had held three informal hearingsthat will result in 1 consent agreement in the future.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commissionmeeting – in the conference room at 2401 NW 23rd, Oklahoma City.  Attendees are asked to call 405-521-3600 to make reservations so staff can plan appropriately.

During the Commissioner’s Comments period, discussion centered on individuals with felony convictions that are approved for salespersons’ licenses. Commissioner Codding suggested that, as a condition of the license approval, the employing dealer be required to provide period reports regarding the salesperson’s employment particularly noting any negative incidents and notifying the Commission if the salesperson was no longer employed by the dealer. Such reporting would not only place responsibility on the employing dealer but would also provide necessary feedback to the Commission on the after-effects of felon approvals. Chairman Longacre suggested adoption of a policy not unlike the real estate policy requiring a five-year waiting period before felons could apply for a license. Director Maile voiced concern about the administrative workload such reporting would place on the staff.



November 12, 2013 [pdf]

Commissioner Jim Davis convened the November 12, 2013 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the October meeting minutes Davis called on Commission Director John Maile for his report.

Director Maile reported that the license renewal process was approximately fifty percent complete. He noted that the number of applications was tracking with the previous year and that the staff was somewhat ahead on the audits. Elimination of the salesman bond requirement was saving time but delays were being encountered because of individuals flagged non-compliant by the Tax Commission. Following up from the previous month, Maile reported that the staff is developing a schedule for dealer inspection “blitz” audits. Four times annually, a team of investigators will perform audits of all or most dealers in a particular community. Separately, the staff is also developing a schedule to take the education program on the road on a quarterly basis. Commissioner Davis then suggested that attendance at the education program be included in all future consent agreements. On the subject of consent agreements, Maile noted that language indicating potential loss of license in the event of future violations had been added to the consent agreement template.

Commissioner Davis then asked for the Chief Investigator’s report. Chief Investigator John Lancaster noted that staff had completed 23 inspections during October and had also handled 22 complaints. Of the complaints, 4 were related to title issues; 9 to contract issues; 6 to mechanical issues; and 3 to miscellaneous issues. In addition, 20 dealers attended the education program. Lancaster also noted they had held two informal hearings resulting in one $500 fine for selling from an unlicensed location and one temporary injunction court action.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23rd, Oklahoma City.  Attendees are asked to call 405-521-3600 to make reservations so staff can plan appropriately.



October 8, 2013 [pdf]

Chairman John Longacre convened the October 8, 2013 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the September meeting minutes Longacre called on Commission Director John Maile for his report.

Director Maile noted that the expenditures statement was not attached because the OEMS people had a problem with their software and had been unable to provide the report. Director Mailealso reported that the license renewal applications had already been sent out. License renewal processing this year is different than previous years because some of the licensees have received letters from the Oklahoma Tax Commission (OTC) regarding tax compliance. Each year, Oklahoma licensing agencies are required to submit a list of licensees to the OTC to check for outstanding income tax liens. The OTC notifies the licensing agency of any licensees found to be noncompliant. The licensing agency is then required to notify the licensee that renewal cannot occur until the issue is resolved. This is the first year the OTC has provided such notification to the UMV&PC in time to provide notice to the dealers before the renewal applications were filed. One thousand noncompliance letters were sent out to dealers and salespersons informing them that license renewal will be delayed pending the licensees’ contact with the OTC to resolve the issue. Director Maile next informed the Commissioners that a meeting was held during the prior week with different groups on Title 42 procedures. He believed the meeting was beneficial and that progress was made on language for the legislation being sponsored by OIADA. Regarding the education program, Director Maile said that staff had spent some time on it and that, while the presentation had been improved, additional changes would be forthcoming.

Chairman Longacre then asked for the Chief Investigator’s report. Chief Investigator John Lancaster stated that four field investigators had performed a two-day “blitz” inspection in a certain area on eighteen previously identified dealers. The inspections revealed two dealers had customers signing blank contracts and one dealer could not account for 309 temporary tags. In addition, investigators were able to determine that tax stamps had been removed from some titles and placed on other titles. Other title issues involved improper use of tax stamps as well as delay of title deliveries to the customers. Fines will likely be assessed on approximately six of the eighteen targeted dealers as a result of the inspection effort.

Mr. Maile noted staff had completed 19 inspections during September and had also handled 40 complaints. Of the complaints, 10 were related to title issues; 14 to contract issues; seven to mechanical issues; and eight to miscellaneous issues. In addition, 16 dealers attended the education program. Director Maile also noted they had held three informal hearings. Four fines were assessed during the month. Two of the fines were for late title, one was for improperly assigned title and one was for lack of a tax stamp.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23rd, Oklahoma City.  Attendees are asked to call 405-521-3600 to make reservations so staff can plan appropriately.



September 10, 2013 [pdf]

Chairman John Longacre convened the September 10, 2013 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call, approval of the August meeting minutes, and approval of the executive session minutes at the August meeting, Longacre called on Commission Director John Maile for his report.

Director Maile noted that Expenditures Reports for both July and August were included in the Agenda packet. With regard to the Allen’s Auto Sales case, Maile reported that the 30 day time period for Allen to appeal the ruling had expired. Investigator John Lancaster’s recent inventory showed 16 vehicles remaining. Those vehicles must be transferred to an individual’s name and are consequently subject to excise tax. Allen paid the fines associated with the case and the issue can be considered resolved. Nick Allen indicated his intention to go into the repair business; the Commission has not received an application for a used dealer license from Harry Allen.

Director Maile then reported on the bankruptcy of Wheeler Mobile Homes. The dealer had three locations, but was only required to carry one bond. At the time of bankruptcy, the dealer had customer deposits on a number of active transactions that cannot now be completed. Consumers will suffer a loss of $80,000; the Commission has received 16 associated complaints. There is no statute or rule regarding who the bond accrues to; however, under current Commission practices, the bond accrues to the dealer rather than to the lot. Director Maile suggested the Commissioners revisit that issue at some point. If the bond accrued to the lot rather than the dealer, consumers would be better protected. Commissioner Ross noted that the insurance companies hesitate to assume such extended exposure to a single entity.

Chairman Longacre then called on John Lancaster for the Chief Investigator’s report. Lancaster reported that during the preceding month four informal hearings had been held. Five fines had been levied: Hoffman Auto Sales of Oklahoma City was fined $500; Legacy Motors of Oklahoma was fined $250; Dave’s Dip Stick Used Cars of Ardmore was fined $250 for advertising violations; Auto Emporium of Oklahoma City was fined $100 for late delivery of a title; Midwest Muscle/Motor Sports of Moore was fined $250 for a Craigslist posting violation. In addition, staff had completed 14 inspections during the previous month and had also handled 21 complaints. Of the complaints, 7 were related to Title issues, 10 to Contract issues, 1 to Mechanical, and 3 to Miscellaneous.

Seventeen dealers attended the education program.  Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23rd, Oklahoma City.  Attendees are asked to call 405-521-3600 to make reservations so staff can plan appropriately.



August 13, 2013 [pdf]

Commissioner Steve Ross convened the August 13, 2013 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the July meeting minutes, Ross called on Commission Director John Maile for his report.

Director Maile reminded the commissioners that the current meeting would be Deputy Director Kenneth Whitehead’s last prior to his retirement. Whitehead’s final day of work would be August 21; he would be on annual leave until the effective retirement date of August 31, 2013. Consequently, this meeting would be transitional in nature. Maile reported that financial statements were current through June. Commissioners would receive updated reports via email in advance of the “State of the Commission” discussion tentatively scheduled for the September 2013 meeting.

Director Maile continued by noting that an Expenditures Report was not available for the recent period. Also, the Auditor’s report was received during the prior month. The auditor’s findings were similar to reports of the previous twenty years. The auditor continues to recommend different division of duties with respect to the handling and processing of receipts. Director Maile maintains the position current procedures are adequate since cash is never accepted. Even though audit standards are not met, Maile contends monies received by the Commission are accounted for in a reasonable and prudent manner. He does not agree with the audit findings that current accounting procedures are a problem.

Maile further reported that oral arguments in the Allen’s Auto Sales case were held on July 29, 2013. The court order affirmed the Commission’s decision to revoke Nick Allen’s license. Harry Allen, father of Nick Allen, was exempted from the order because there was no evidence indicating his involvement in Nick Allen’s activities. Harry Allen may still apply for a dealer license and is expected to do so. Mr. Allen’s attorney has been informed that the Commission would require assurances that Nick Allen would not be involved in any dealership authorized in Harry Allen’s name. Maile indicated that Nick Allen’s bond is adequate to cover the assessed fines; he recommends the Commission require payment of the fines in advance of any approval of a license application by Harry Allen. There is still the issue of disposal of inventory held by Nick Allen. The appeal process is limited to thirty days; absent appeal, the inventory must be disposed of within that time period, which does not allow sufficient time for Harry Allen to apply for and receive a license. Consequently, they would be required to transfer titles to Harry Allen as an individual and excise tax would be due.

Commissioner Steve Ross then called on Kenneth Whitehead for the Deputy Director’s report. Whitehead reported that Mr. Brett Bryan had been hired to fill one of the open investigator positions. Bryan’s area of responsibility had not yet been defined, but he will be working out of the Oklahoma City office. Whitehead further reported that during the preceding month eight informal hearings had been held. Two fines had been levied. Universal Vehicle Sales of Tulsa was fined $500 for unlicensed salesman violations. Ben’s Auto Sales of Bethany was fined $100 for improper title procedures. One injunction against Wylie Westbrook of McCurtain County had been issued. In addition, staff had completed 14 inspections during the previous month and had also handled 50 complaints. Of the complaints, 15 were related to Title issues, 24 to Contract issues, six to Mechanical, two to Spot Delivery, and three to Miscellaneous.

Fourteen dealers attended the education program.  Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23rd, Oklahoma City.  Attendees are asked to call 405-521-3600 to make reservations so staff can plan appropriately.

Two consent agreements presented to the Commissioners were approved. Billy Claborn, on behalf of Claborn Motors agreed to pay $1500 for allowing an unlicensed person to operate under the dealership’s name. Mike Gandara, on behalf of Miracle Motors, also agreed to pay $1500 for allowing an unlicensed person to operate under the dealership’s name.

Commissioners then went into Executive Session to consider employee compensation issues. Upon return to open session, the Commissioners approved an increase in the Director’s salary.



July 9, 2013 [pdf]

Commissioner Steve Ross convened the July 9, 2013, session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the June meeting minutes Ross called on Commission Director John Maile for his report.

Director Maile reported that Deputy Director Kenneth Whitehead had announced his intention to retire from the Commission effective August 31, 2013. Maile noted that Whitehead’s retirement would result in significant change for the Commission with respect to division of responsibilities within the office. Staff is presently formulating a plan to adjust personnel assignments in order to fulfill Whitehead’s duties. The Commission currently has two investigator positions vacant; it is hoped that those two positions can be filled prior to Whitehead’s departure. Maile suggested the pending changes presented an opportunity for the Commissioners to re-evaluate mission focus. He indicated he would be in contact with each Commissioner throughout the coming month to obtain individual input. He further indicated he would be prepared to present staff recommendations regarding personnel duties and mission focus at the August or September meeting; Steve Ross proposed targeting the August meeting since it would be prior to Whitehead’s departure.

Regarding the list of expenditures, Commissioner Latham asked about the payment to Rattan Consulting. Sherry Killian explained that Rattan Consulting was an IT firm that handled outsourced data processing tasks. The firm had redesigned the Commission website and implemented the changes in the prior week. Current and future enhancements include online forms, new updates, the ability to post newsletters, search dealer lists, and submit emails to staff. In addition, the firm had established a Facebook page for Commission.

Commissioner Steve Ross then called on Kenneth Whitehead for the Deputy Director’s report. Whitehead commented on his tenure at Commission indicating he had enjoyed his career. Adding to the website enhancement information, Whitehead noted that the URL had been changed to ‘UsedCarCommission’ (www.ok.gov/usedcarcommission/). He then reported that during the preceding month, no fines had been levied; one injunction had been issued; and other injunctions were pending. In addition, staff had completed 20 inspections during the previous month and had also handled 30 complaints. Of the complaints, six were related to Title issues, 14 to Contract issues, nine to Mechanical, and one Miscellaneous.

Twenty dealers attended the education program.  Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23rd, Oklahoma City.  Attendees are asked to call 405-521-3600 to make reservations so staff can plan appropriately.

Steve Ross then called on Sherry Killian for the Administrative Supervisor’s Report. Killian reported that the CompSource audit packet had been completed and submitted. She also indicated work had been performed on a required inventory. Director Maile added that surveys requested by other State agencies used a significant amount of Killian’s time. While the surveys did not directly support the Commission’s mission, they nevertheless drew on resources. Their impact must be considered during the previously mentioned staff responsibility realignment.

Regarding the Homer “Todd” Farrill (Todd Auto Sales) Consent Agreement pending from the June 2013 meeting, Director Maile clarified that the alleged violation was not an issue of consignment. Rather, the situation involved two individuals operating under one dealer license. The non-licensed individual provided funds and advertised vehicles for sale “by owner” even though the vehicles were offered at a licensed location. Individuals have taken action to correct the violations and have agreed to pay a $750 fine. Commissioners approved the Consent Agreement.



June 11, 2013 [pdf]

Chairman John Longacre convened the June 11, 2013, session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the May meeting minutes Longacre called on Commission Director John Maile for his report.

Director Maile reported with regards to the license cancellation appeal of Allen’s Auto Sales, the case is in the briefing cycle.  Oral arguments will begin at the end of July.  Mr. Allen is able to liquidate his present inventory.  When the judge entered the appeal he allowed Mr. Allen to liquidate.  He cannot acquire any new inventory.  Commission staff took a list of Mr. Allen’s inventory and verified the inventory.  Staff hasn’t checked in 60 days or so.

Sherry Killian, the Commission’s Administrative Supervisor, and Director Maile have a conference scheduled with auditors regarding a Commission audit that was completed last October.  A report regarding the outcome of the conference is to be available June 12.  Director Maile will email the report to the Commissioners.

Director Maile related information provided by Legislative Liaison, Curt Ruggow, regarding the status of legislation of interest to the commission.  The crusher bill passed the Senate, but was not considered in the House.  That bill is still pending and can be heard at the beginning of the next legislative session.  Senate Bill 582, a bill regarding the Title 42 lien sales process, is also in conference and can be heard without going through the Committee process again.

Director Maile noted that staff had held five formal hearings to resolve complaints.  One resulted in a $500.00 fine for selling from an unlicensed location.

Maile noted staff had completed 23 inspections during June and had also handled 23 complaints. Of the complaints, 8 were related to title issues; 7 to contract issues; 6 to mechanical issues; and two to miscellaneous issues.  

Director Maile also noted they had won two injunctions against unlicensed dealers.

Twenty-one dealers attended the education program.  Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are  held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23rd, Oklahoma City.  You are asked to call 405-521-3600 to make reservations so staff can be prepared to accommodate you.



May 14, 2013 [pdf]

Chairman John Longacre convened the May 14, 2013 session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the April meeting minutes Longacre called on Commission Director John Maile for his report.

Director Maile noted that the expenditures statement was attached to the agenda.  He then proceeded to inform the Commissioners on the status of relevant legislative issues.  The legislation to eliminate the salesman’s bond and increase the dealer bond from $15,000 to $25,000 has been signed by the Governor.

Manufactured Housing had two bills in the Legislature this session.  One bill would change the license for manufactured home parks giving them a license.  The bill passed and has been signed by the Governor.  The other bill clarified that manufactured home manufacturers can only sell to manufactured home dealers.  That bill has also passed the legislature and is expected to be signed by the Governor.  The Commission will be writing rules on park licenses. They will need to be in the form of emergency rules.

Legislative liaison Curt Ruggow discussed the status of the crusher bill.  It was noted that the scrap metal dealers who also have car crushers do not want to be regulated.  Scrap metal dealers are currently regulated under the Department of Agriculture.  The Department regulates the scales for that industry.  The Commissioners agreed that it would be best to remove the 20 scrap metal dealers from the current proposed legislation and include them in legislation passed this session that would address car crushers.  

Director Maile advised the Commissioners that John Crittenden, who serves as the liaison for the Commission from the Attorney General’s Office, had information regarding possessory liens, commonly referred to as Title 42s. Assistant AG Crittenden advised the Commissioners that a productive meeting was held in their offices to consider information Commissioner Codding had provided regarding fraudulent Title 42s.  The Commissioner had provided actual scenarios that revealed crimes are being committed.  The group decided that the evidence is adequate for pursuing prosecution.  The group consisted of the division head, the first assistant to the Attorney General and others that are willing to start investigative files.  The Attorney General has a Citizen Complaint Form on its web site.  Each complaint submitted to the AG’s office through the joint Commission/AG process will have its own investigative file.  The chief of the multi-county grand jury will see each of those complaints.  Mr. Crittenden explained to the Commissioners that evidentiary matters are tough; however the group looking into the issue is eager to pursue the matter.  

Mr. Crittenden pointed out that intent, crime, and conspiracy in running up charges on a vehicle so you can profit by that when the repair is false is a serious issue and people doing that need to be held accountable.  He told the Commissioners that people are listening to them and their concerns regarding the Title 42 issue.  

It was decided that dealers should complete the complaint form and first send it to the Used Motor Vehicle and Parts Commission.  The Commission will serve as the “filter” for complaints that should be forwarded to the Attorney General’s office.  (The complaint form and details outlining the complaint process are included elsewhere in this newsletter.)  If you have been scammed by someone executing a Title 42, you should fill out the complaint form, provide as much information as possible and forward that complaint to the Used Motor Vehicle and Parts Commission.

Following a vote affirming receipt and approval of the expenditures report, Chairman Longacre called on Deputy Director Kenneth Whitehead for his report.  Whitehead noted that staff had held four formal hearings to resolve complaints.  One of the hearings resulted in a fine for an unlicensed salesperson.  

Whitehead noted staff had completed 23 inspections during May and had also handled 47 complaints.  Of the complaints, 17 were related to title issues; 17 to contract issues, three to mechanical issues; and one was listed as advertising.  In addition, 27 dealers attended the education program.

Deputy Director Whitehead also noted that they had won three injunctions against unlicensed dealers.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are held at 9 a.m. the second Monday of each month – one day  prior to the Commission meeting – in the conference room at 2401 NW 23, Oklahoma City.  You are asked to call 405-521-3600 to make reservations so staff can be prepared to accommodate you.



April 9, 2013 [pdf]

Chairman John Longacre convened the April 9, 2013, session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the March meeting minutes, Longacre called on Commission Director John Maile for his report.  

Director Maile told the Commissioners that he and Deputy Director Kenneth Whitehead have increased their enforcement efforts on the curbstoners and instructed investigators to focus more on curbstoners.  Maile has filed two injunctions in Tulsa County and two in Oklahoma County.  

Director Maile reminded the Commissioners that their fiscal year begins July 1 so the Commission staff will be working on the budget and Maile will be communicating with the Commissioners by email.  Commissioners should identify any elements they want to emphasize for the next fiscal year.

The Legislature is still in session. The bill to eliminate the salespersons bond and increase the dealer bond has been well accepted so far.  It is now on the Senate floor.

The bill to license car crushers has run into some opposition and Curt Roggow, the Commission’s legislative liaison, has asked for guidance as to the approach he should take.  He reminded the Commissioners that the bill they requested was SB 792 and there were five bills out there dealing with car crushers.  Three bills dealt with scrap metal issues and SB 792 regulates the car crushers.  The scrap metal association wants to be regulated by the Department of Agriculture. That agency is the entity that regulates scales in the state. Roggow said that they were trying to negotiate one objective. The scrap metal association does not want to be under two entities and have two licenses. Some scrap metal dealers have a crusher off to the side and they don’t want to be regulated by multiple entities.  

Commissioner Holman pointed out that the intent of the Commission was to protect the public.  Some individuals find an abandoned car, retrieve it and have it crushed in exchange for some cash. The Commissioner could not see any reason for the crushers being under the Department of Agriculture who only deals with the regulation of their scales.

Commissioner Norm Latham inquired regarding the position of law enforcement. Roggow stated that he had received a call from the Oklahoma State Bureau of Investigation (OSBI) and they are in support of SB 792.  

Commissioner Holman suggested that the issue of a license fee be set aside and reminded the group that they had no interest in regulating scrap metal processors.  Their interest was in making sure when a car was crushed that certain criteria was met.  The fee was not where the Commission started when the issue was first discussed.  Protecting the public and anyone that has an interest in a car was the core issue.

Commissioner Longacre reiterated the importance of proper processing when it is a titled vehicle.  

Commissioners agreed that it was important that the regulation of those who crush cars must remain in the legislation.

John Maile explained that wrecker operators were concerned because they have a lot of abandoned vehicles they have crushed.  They have time and money invested and aren’t getting anything out of a vehicle that they take to a crusher.  They don’t want to go through the Title 42 process to get a title in order to have a vehicle crushed.  They prefer to use their Title 42 paper work as an alternative to having a vehicle crushed.  

Maile had visited with the President of the Oklahoma Wrecker Owners Association (OWOA) regarding the issue.  He explained that in order for the commission to accept exempting wrecker operators from needing a title in order to have a vehicle crushed, they would have to have some kind of sanction, for instance, if a wrecker operator filed a fraudulent Title 42.  Maile suggested to them that processing a fraudulent Title 42 should be grounds for their license to be revoked.  The OWOA President discussed the issue with some of his board members and they were in agreement that processing a fraudulent Title 42 should result in the loss of license .Maile suggested that the exemption for the title would only apply to licensed wrecker operators.  

Following a vote affirming receipt and approval of the expenditures report, Chairman Longacre called on Deputy Director Kenneth Whitehead for his report.

Whitehead’s written report indicated the commission staff had completed 31 inspections and handled 27 used car dealer complaints and one manufactured housing dealer complaint.  Of the complaints, 11 were related to title issues, seven to contract issues; the remaining five were listed as miscellaneous.  In addition, 27 people had attended the education program.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program to acquire or maintain their state license.  Sessions are held at 9 a.m. the second Monday of each month – one day prior to the Commission meeting – in the conference room at 2401 NW 23, Oklahoma City.  You are asked to call 405-521-3600 to make reservations so staff can be prepared to accommodate you.



March 19, 2013 [pdf]

Acting Chairman Jim Davis convened the March 19, 2013 session of the Used Motor Vehicle and Parts Commission.  Following roll call and approval of the February meeting minutes, Davis called on Commission Director John Maile for the Director’s report.  

Director Maile advised that the legislative bill eliminating the requirement for used vehicle salesperson bonds and increasing the dealer bond has passed the House and is in the Senate and has not been changed.  The bill that would create regulations governing the responsibility of car crushers is having more difficulty.  There are three bills dealing with car crusher or scrap metal dealers.  The legislators desire to consolidate all three pieces of legislation and pass one bill.  The bill the Commission is most interested in has passed the Senate with the title stricken which means that the bill will likely go to a Conference Committee where it will be rewritten.  

During the February 2013 Commission meeting, the Commissioners denied a request by Allen’s Auto Salvage for a stay of enforcement of the Commission Order to revoke Allen’s licenses.  Mr. Maile advised the Commissioners that he has since learned that Mr. Allen and his legal counsel had been to court the day before the February Commission meeting and obtained a stay that lets them continue operation.  The judge set a $1,000 appeal bond.  Mr. Maile filed an objection and was granted a hearing.  The court entered an order that would allow Mr. Allen to dispose of their current inventory but not buy any additional inventory.  Bond was set at $66,000.  Maile will file briefs and make oral arguments June 11.  For the time being, Mr. Allen will be allowed to dispose of his inventory.  

Following a vote affirming receipt and approval of the expenditures report, Acting Chairman Davis called on Deputy Director Kenneth Whitehead for his report. Whitehead noted that staff had held three informal hearings to resolve complaints.  One complaint was resolved.  A $500.00 fine for violation of the temporary tag regulations was assessed against Xpress Auto Sales and Leasing.  Dobbs Road was cited for selling from an unlicensed location.  The dealer surrendered his license.

Whitehead noted that staff had completed 54 used car dealer inspections during February and 30 dealers had attended the education program. Whitehead’s written report reflected that 23 complaints had been handled, which included: title – 8; contract – 7; mechanical – 3; and miscellaneous – 5.

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license.  These education sessions are held at the Commission conference room at 2401 NW 23, Oklahoma City.  Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.



February 12, 2013 [pdf]

Chairman John Longacre convened the February 12, 2013, session of the Used Motor Vehicle and Parts Commission (UMV&PC).  Following roll call and approval of the January meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.

Director Maile advised the UMV&PC Commissioners that he had met with the Non-Appropriated Sub Committee of the House Budget Committee.  The Committee is trying to become familiar with the non-appropriated agencies.  At the Committee’s request, Maile had previously provided answers to 33-35 questions for the Committee.  A Senate committee is going through the same process, so he will be appearing before that committee later in this legislative session.  

Maile provided the Commissioners with an update on Allen’s Auto Sales, the company that had its licenses cancelled for illegally obtaining rebuilt titles for several junk or non-rebuildable vehicles.  Commission Field Representative John Lancaster and Director Maile met with the Creek County District Attorney to provide that office with information they had accumulated regarding Allen’s Auto Sales to inquire as to the feasibility of filing criminal charges against Mr. Allen.  The District Attorney requested documents on several of the cases and advised he would review the information.  It was a positive meeting.  Lancaster is working with Illinois officials to locate all owners of the Illinois vehicles involved in the scheme and previously identified as not having been inspected prior to the issuance of a rebuilt certificate.  Illinois wants to be the first to notify their citizens about those cars.  The commission staff is seeking location of the owners of all the vehicles involved in this scheme in order to notify the current owners of the status of those vehicles.  

Following discussion, the Commission approved proceeding with legislative action to eliminate the used car salesperson bond and increase the used car dealer bond from $15,000 to $25,000.

Following a vote affirming receipt and approval of the expenditures report, Chairman Longacre called on Deputy Director Kenneth Whitehead for his report. Whitehead’s written report indicated that the commission staff had completed 50 inspections.  The staff had handled 21 used car dealer complaints.  Four of those were related to title issues, eleven were contract related, four had to do with mechanical issues and two were listed as miscellaneous.

The report indicated that seventeen people had attended the education program.  Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license.  These education sessions are being held in a conference room at 2401 NW 23, Oklahoma City.  Classes are held on Monday prior to the Commission meeting on the second or third Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  



January 15, 2013 [pdf]

Chairman John Longacre convened the January 15, 2013, session of the Used Motor Vehicle and Parts Commission.  Following roll call and approval of the December meeting minutes, Longacre called on Commission Director John Maile for the Director’s report.  

Director Maile advised the Commissioners that staff was substantially finished with renewals.  They suffered a slight glitch when one of the full time clerks quit; however, the staff did a lot of extra work and as of Monday, January 14th, they had audited all of the renewals.  They have completed processing the renewal applications.

Maile had previously discussed with the Commissioners the legislative agenda.  He has worked with the Commission’s Legislative Liaison, Curt Roggow, on language for the car crusher bill and it has been submitted.  Maile reported that he would provide the car crusher language to the Commissioners.  The general gist of the bill would require crushers be licensed and that a reporting system be established.  Certain information would be required from the person presenting the vehicle.  The crusher would be required to obtain a certificate of title unless they are dealing with a licensed dismantler.  Licensed dismantlers have a reporting provision.  A waiting period of three days would be established before the vehicle could be crushed.  The crusher would report the vehicle to law enforcement and wait three days before crushing.  It was suggested that the bill include reporting to NMVTIS.  

Maile told the Commissioners that staff is in the process of adopting permanent rules for manufactured home installers.  There is a need to schedule the March Commission meeting a week later to allow the required 30 days after the publication of those new rules for public comment.  

Maile stated that the Commission was currently spending more money than it is taking in.  In the next few years the Commission will have to look at raising fees or other sources of revenue.  

Following discussion, the Commission approved proceeding with legislative action to eliminate the used car salesperson bond and increase the used car dealer bond from $15,000 to $25,000.

Following a vote affirming receipt and approval of the expenditures report, Chairman Longacre called on Deputy Director Kenneth Whitehead for his report Whitehead reported that the Commission staff had completed 62 inspections.  Thirty people had attended the education program.  The staff had handled 20 used car dealer complaints, 1 automotive dismantler complaint and one wholesale dealer complaint

Applicants for a new license and dealers involved in significant rule violations are required to attend the Commission’s education program as a part of acquiring or maintaining a state license.  These education sessions are being held in conference room at 2401 NW 23, Oklahoma City.  Classes are held on Monday prior to the Commission meeting on the second Tuesday of each month.  The sessions run from 9 a.m. to about noon or 1 p.m.  You are asked to make reservations so staff can be prepared to accommodate you.  Call the Commission at 405-521-3600 to make your reservations.





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