Sec. 14-64. Suspension and revocation of licenses. Civil penalties. Restitution orders.
Sec. 14-64. Suspension and revocation of licenses. Civil penalties. Restitution
orders. The commissioner may suspend or revoke the license or licenses of any licensee
or impose a civil penalty of not more than one thousand dollars for each violation on
any licensee or both, when, after notice and hearing, the commissioner finds that the
licensee (1) has violated any provision of any statute or regulation of any state or any
federal statute or regulation pertaining to its business as a licensee or has failed to comply
with the terms of a final decision and order of any state department or federal agency
concerning any such provision; or (2) has failed to maintain such records of transactions
concerning the purchase, sale or repair of motor vehicles or major component parts, as
required by such regulations as shall be adopted by the commissioner, for a period of
two years after such purchase, sale or repairs, provided the records shall include the
vehicle identification number and the name and address of the person from whom each
vehicle or part was purchased and to whom each vehicle or part was sold, if a sale
occurred; or (3) has failed to allow inspection of such records by the commissioner or the
commissioner's representative during normal business hours, provided written notice
stating the purpose of the inspection is furnished to the licensee, or has failed to allow
inspection of such records by any representative of the Division of State Police within the
Department of Public Safety or any organized local police department, which inspection
may include examination of the premises to determine the accuracy of such records; or
(4) has made a false statement as to the condition, prior ownership or prior use of any
motor vehicle sold, exchanged, transferred, offered for sale or repaired if the licensee
knew or should have known that such statement was false; or (5) is not qualified to
conduct the licensed business, applying the standards of section 14-51 and the applicable
regulations; or (6) has violated any provision of sections 42-221 to 42-226, inclusive;
or (7) has failed to fully execute or provide the buyer with (A) an order as described in
section 14-62, (B) the properly assigned certificate of title, or (C) a temporary transfer
or new issue of registration; or (8) has failed to deliver a motor vehicle free and clear
of all liens, unless written notification is given to the buyer stating such motor vehicle
shall be purchased subject to a lien; or (9) has violated any provision of sections 14-65f
to 14-65j, inclusive; or (10) has used registration number plates issued by the commissioner, in violation of the provisions and standards set forth in sections 14-59 and 14-60
and the applicable regulations; or (11) has failed to secure or to account for or surrender to
the commissioner on demand official registration plates or any other official materials
in its custody. In addition to, or in lieu of, the imposition of any other penalties authorized
by this section, the commissioner may order any such licensee to make restitution to
any aggrieved customer.
(1949 Rev., S. 2404; 1963, P.A. 234; P.A. 73-674, S. 1; P.A. 74-107, S. 1, 2; P.A. 78-331, S. 10, 58; P.A. 79-69; P.A.
80-148; 80-292, S. 2; P.A. 81-160; 81-172, S. 7; 81-174, S. 2; P.A. 82-472, S. 40, 183; P.A. 86-114, S. 2; P.A. 93-397, S.
2; P.A. 98-34, S. 1; P.A. 02-70, S. 29; P.A. 03-278, S. 42; P.A. 05-218, S. 8.)
History: 1963 act added authority to revoke license; P.A. 73-674 required suspension or revocation of license for
violation of state regulations and federal statutes or regulations extending applicability, and required suspension or revocation for failure to maintain records, for failure to allow inspection of records or for false statement and deleted provision
re fine; P.A. 74-107 made suspension or revocation optional rather than mandatory by replacing "shall" with "may",
allowed commissioner to require bond whether license suspended or revoked or not and added provisions re return of
bond; P.A. 78-331 made technical corrections; P.A. 79-69 substituted "shall" for "may" in Subdiv. (2); P.A. 80-148 made
technical changes and allowed revocation or suspension if licensee found not qualified to conduct the business; P.A. 80-292 included major component parts in Subdiv. (2) and required that records contain vehicle identification number and
names and addresses of sellers and buyers; P.A. 81-160 included a provision giving the commissioner the authority to
impose civil penalties in addition to the power to suspend or revoke licenses; P.A. 81-172 included false statements
concerning a motor vehicle that is "offered for sale" as cause for license suspension or revocation; P.A. 81-174 included
failure to allow inspection of records and premises by state or local police as grounds for license suspension or revocation;
P.A. 82-472 made technical corrections; P.A. 86-114 added provision allowing commissioner to order restitution to aggrieved customer; P.A. 93-397 added Subdiv. (6), making violation of Secs. 42-221 to 42-226, inclusive, grounds for
suspension or revocation of license; P.A. 98-34 clarified that commissioner may impose a civil penalty for each violation
and added Subdivs. (7) to (9) inclusive, expanding grounds for suspension, revocation and civil penalty; P.A. 02-70 made
technical changes for purposes of gender neutrality, amended Subdiv. (1) to allow commissioner to suspend or revoke the
license of any licensee when, after a hearing, the commissioner finds that the licensee has failed to comply with the terms
of a final decision and order of any state department or federal agency concerning any state or federal statute or regulation
pertaining to its business as a licensee, added new Subdiv. (10) to allow commissioner to suspend or revoke a license when
commissioner finds that the licensee used number plates in violation of Secs. 14-59 and 14-60 and applicable regulations
and eliminated requirement that licensee furnish to the commissioner a bond in the amount of $1,000 when commissioner
has made requisite finding; P.A. 03-278 made a technical change, effective July 9, 2003; P.A. 05-218 added Subdiv. (11)
re failure to secure or account for or surrender official registration plates or any other official materials, effective July 1, 2005.
See Sec. 14-67h for definition of "major component parts".
This section does not authorize the commissioner to delegate quasi-judicial functions. 151 C. 679. Cited. 165 C. 10.
Commissioner has power of suspension when he finds that a repairer has misrepresented the condition of a motor vehicle
he has repaired. Id., 15. Requires notice and hearing re alleged relations. Id., 42. The 1973 amendment of this section,
which provides that a false statement as to prior ownership shall be a basis for suspension, is a clarification of the prior
statute. Id., 416, 421. This section is penal in nature and is to be strictly construed. The word "condition" is to be construed
according to its commonly approved usage, i.e., the actual mechanical status of the vehicle. Id., 416, 419, 420. Mileage
on an automobile clearly relates to its condition. Id., 559. Commissioner, before imposing a suspension under this section
was not precluded from examining plaintiff's past record kept by him. Id., 559, 567. He may act on facts which are known
to him even though they are not produced at the hearing. Id. Cited. Id., 559. Commissioner's revocation of plaintiff's
license because of a violation of section 14-51 sustained as it was supported by the evidence. 167 C. 304. Proof of the
making of a false statement requires a finding by the commissioner of an intent to deceive by the dealer. Id., 493. Cited.
211 C. 508.
Cited. 30 CS 131. Cited. 36 CS 586. Amendment of 1981 to the statute did not confer jurisdiction to fine a former
licensee whose license had expired prior to institution of commissioner's complaint. 40 CS 226.
Subdiv. (1):
Cited. 176 C. 11.