SECTION 765:15-1-3. Applicant

(a)   Activities requiring certificate of registration. A used motor vehicle salesperson is anyone who:

(1)   receives gain or compensation of any kind, directly or indirectly, regularly or occasionally for, or negotiates for, sale or trade of a specified used motor vehicle for a specified used motor vehicle dealer, or

(2)   operates as a broker only for a specified used motor vehicle dealer, or

(3)   receives compensation for referral of a prospective buyer to his employer or acts on behalf of the dealer in the purchase or sale of a used motor vehicle, or

(4)   is authorized to transfer and/or sign titles for the dealership, or

(5)   displays or offers used motor vehicles for sale for the dealership at a licensed location,

(6)   acts in the capacity of sales manager or finance and insurance manager or acts in any capacity as part of the sales process,

(7)   does not otherwise come under the definition of a wholesale used motor vehicle dealer and/or is not required to obtain a license as a wholesale used motor vehicle dealer, but is authorized by a person licensed by the Oklahoma Motor Vehicle Commission to sell new or unused motor vehicles,(franchise dealer) to purchase and sell used motor vehicles without direct supervision by the "franchise dealer," whether at auction or otherwise, to-wit: a "wholesaler" or individual who pays the "franchise dealer" a draft or check fee for vehicles purchased using the "franchise dealer's" used motor vehicle dealer's license; or who is required to compensate the "franchise dealer" for any loss arising from the sale of a vehicle; or who in any manner operates independently of the ordinary business of the "franchise dealer."

(b)   Information required. An applicant shall provide sufficient information on the application or otherwise to enable the Commission to determine whether the applicant should be granted a certificate of registration. The information shall include:

(1)   information relating to the applicant's business integrity, the applicant's experience in the same or similar businesses, and his business history,

(2)   whether the applicant will devote full or part time to the business, and

(3)   any other pertinent information consistent with the safeguarding of the public interest and welfare.

(c)   Application required. Applications for certificate of registration shall be verified by the oath or affirmation of the applicant and shall be on forms prescribed by the Commission and furnished to such applicants. The applications shall contain such information as the Commission deems necessary to enable it to fully determine the qualifications and eligibility of the applicant for the certificate of registration.

(d)   Activity not requiring a certificate of registration. A dealer, by written instrument, may authorize another licensed individual or dealer to purchase vehicles for the dealer. Said authorization shall not authorize the individual to conduct any other business for the dealer or represent the dealer in any other manner.

(e)   Activity not authorized. A salesperson's certificate of registration shall not authorize the person to refer a prospective customer or consumer to another used motor vehicle dealer and obtain compensation therefor without an employment relationship with the other used motor vehicle dealer.

[Source: Amended at 20 Ok Reg 1820, eff 6-12-03; Amended at 22 Ok Reg 2267, eff 6-25-05; Amended at 23 Ok Reg 2887, eff 6-25-06; Amended at 37 Ok Reg 142, eff 10-2-19 (emergency); Amended at 37 Ok Reg 2271, eff 9-11-20]