Guidelines for Review of Application for Salesperson License and Dealer-Operator Qualification
The primary goal of the application review process is to screen out applicants whose past conduct indicates that they should not be licensed as a motor vehicle salesperson or as a dealer-operator. This action is necessary in order to protect the interests of retail motor vehicle consumers.
In recommending or resolving disposition of applications by applicants with a criminal history, DMV will consider each of the following factors:
- A conviction of any of the following offenses, by itself, may be grounds for denial:
- Any criminal offense classified as a felony.
- Any criminal act involving the business of selling vehicles.
- Any fraudulent act in connection with the business of selling vehicles or any consumer-related fraud.
- Any larceny of a vehicle or receipt or sale of a stolen vehicle.
- Any odometer tampering or related violation.
- If you have been convicted of any such violations at the time of application and subsequent hearings, the reviewer will first consider whether you are under court supervision or probation. If you are, the reviewer will next consider the date of the underlying conviction(s), the date of release from court supervision or probation and the reports of probation officers which might be submitted on your behalf.
In addition, the reviewer shall also consider, where relevant:
- The nature and seriousness of the conviction(s);
- The age of the applicant at the time of the offense(s) and the length of time since the recent offense was committed;
- The extent of the applicant's criminal record, including the number, nature and date of all criminal convictions;
- The impact of the criminal behavior which led to the conviction(s) upon the community and the victim(s) of the offense(s);
- Severity of the sanctions imposed by the court(s) for the violations;
- Any evidence offered by or on behalf of the applicant in support of his/her application or any other factors which may be considered relevant by the hearing officer or DMV staff and
- The credibility and demeanor of the witnesses.
If the applicant is denied, DMV will explain in writing which factors most contributed to the decision.