§ 43.4. Authorization to issue temporary registration plates.
(a) Application procedure. A person wishing to be authorized to issue temporary registration plates shall apply to the Department on forms furnished by the Department. For a person to be authorized, the person shall be a resident of this Commonwealth. The application shall include:
(1) Photographs, interior and exterior, of the proposed place of business, including branch offices. The photographs of the exterior shall show the entrance way and signs, required under subsection (b)(2). Photographs of the interior of the proposed agent’s office shall show the desk, phone, secure area for storage of temporary cards and plates, and the complete schedule of fees and charges relating to the issuance of temporary cards and plates, posted in accordance with subsection (b)(1).
(2) A letter of reference from a bank or other financial institution which indicates that accounts of the applicant are handled in a satisfactory manner that is consistent with standard banking practices.
(3) Three letters of reference from business concerns, on their business stationery, attesting to the character of the applicant.
(4) The bond prescribed by § 43.9 (relating to bond), on the form of the Department, or a surety’s binding commitment to issue the bond upon approval of the application.
(5) A notarized statement listing outstanding liabilities of the business or of the owners and officers of the business that are due and owing to the Commonwealth or, if none, a notarized statement to that effect.
(6) The names, addresses and social security numbers of owners or corporate officers, and employes authorized to issue temporary registration cards and plates, of the manufacturer’s, dealer’s or full agent’s business.
(7) A criminal history record, obtained from the State Police, of each owner or corporate officer.
(8) A notarized statement attesting that the applicant has read and understands this chapter.
(9) The name, address and notary seals of a notary who is an employe during all of the hours of operation. The owner may be the notary.
(10) A schedule of business hours. This schedule shall contain a minimum of 20 business hours per week, or a minimum of 10 business hours per week plus an additional 10 business hours when a person may make an appointment. Business hours of operation shall be convenient to the public and be indicated on the sign required under subsection (b)(2).
(11) A statement that the business location meets local zoning ordinances and building codes.
(b) Established place of business. Authorized dealers and full agents shall maintain an established place of business. A copy of business records shall be maintained at the established place of business for 3 years. The following shall be posted in a conspicuous place in view of the public:
(1) A complete schedule of fees and charges pertaining to the issuance of temporary registration cards and plates.
(i) The schedule shall indicate amounts payable to the Department and amounts charged by the issuing agent.
(ii) The schedule shall be at least 3 square feet in size with lettering at least 1/2-inch high.
(2) The hours during which the place of business is open to the public.
(3) The certificate of authorization to issue temporary registration plates.
(c) Review of application. The Department will examine and determine the genuineness, regularity and legality of every application for a certificate of authorization. The Department may investigate the applicant with regard to one or more of the following:
(1) The condition of the applicant’s proposed business premises.
(2) Departmental and other Commonwealth records pertaining to the business of an owner or officer.
(3) The personal history of an owner, officer or employe related to a conviction for a crime, under 18 Pa.C.S. (relating to the Crimes Code) or under the penal law of the United States, which involves moral turpitude or which reflects adversely on the owner’s or officer’s business integrity or responsibility.
(4) Unsatisfied judgments against the business, owner or officer.
(5) The credit rating of the business and its owners and officers.
(6) The assets and liabilities of the business.
(d) Denial of application. The Department may deny an application for a certificate of authorization on the basis of information revealed in an investigation, or if the applicant fails to disclose material information required or if the applicant has made a materially false statement on the application, or if the applicant’s business is operated, managed or otherwise controlled or affiliated with a person who is ineligible for authorization, including a relative, family member, corporate officer or shareholder.
(e) Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.
(f) Temporary certificate of authorization. After reviewing an application, the Department may issue a temporary certificate of authorization. The temporary certificate of authorization will be issued for 60 days, during which period the Bureau may investigate the operations of the dealer, manufacturer or full agent. When the temporary certificate of authorization expires, the Bureau may issue a regular certificate of authorization.
(g) Issuance of a certificate of authorization. The Department will issue a certificate of authorization to an approved applicant.
(h) Transfer of certificate of authorization. A certificate of authorization may not be transferred and shall be valid only for the owner in whose name it is issued.
(1) In the case of a change of ownership, the dealer, manufacturer or full agent shall notify the Bureau within 10 days. It is the responsibility of a new owner to comply with this section.
(2) The following are regarded as changes of ownership:
(i) The owner takes on a new partner.
(ii) The owner sells the business.
(iii) The business is incorporated.
(iv) A controlling interest in a corporation is sold.
(v) The owner retires or dies.
(i) Change in location of place of business. If a manufacturer, dealer or full agent changes the location of the office, he shall notify the Department within 10 days. Other provisions of this chapter concerning the place of business shall apply to a change in location of the office. The issuance or transfer of temporary registration plates may not be conducted at the new location until the location has been approved by the Department.
Source The provisions of this § 43.4 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3797; readopted January 5, 1990, effective immediately and apply retroactively to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872. Immediately preceding text appears at serial pages (232786) to (232788).
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