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Dealer Services Division > License Codes Dealer License Administration Codes

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Administration Codes

ARTICLE 2.   DEALER LICENSING

Rule 1.   Definitions

75 IAC 2-1-1 Applicability
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 1. The definitions in this rule apply throughout this article. (Secretary of State; 75 IAC 2-1-1; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-1 was renumbered by the Publisher as 75 IAC 2-1-1, effective July 1, 2007.
75 IAC 2-1-2 Automobile auctioneer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-7; IC 9-23
Sec. 2. "Automobile auctioneer" has the meaning set forth in IC 9-13-2-7. (Secretary of State; 75 IAC 2-1-2; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-2 was renumbered by the Publisher as 75 IAC 2-1-2, effective July 1, 2007.
75 IAC 2-1-3 Automotive salvage rebuilder defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-9; IC 9-23
Sec. 3. "Automotive salvage rebuilder" has the meaning set forth in IC 9-13-2-9. (Secretary of State; 75 IAC 2-1-3; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-3 was renumbered by the Publisher as 75 IAC 2-1-3, effective July 1, 2007.
75 IAC 2-1-4 Automotive salvage recycler defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-10; IC 9-23
Sec. 4. "Automotive salvage recycler" has the meaning set forth in IC 9-13-2-10. (Secretary of State; 75 IAC 2-1-4; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-4 was renumbered by the Publisher as 75 IAC 2-1-4, effective July 1, 2007.
75 IAC 2-1-5 Broker defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-15; IC 9-23
Sec. 5. "Broker" has the meaning set forth in IC 9-13-2-15. (Secretary of State; 75 IAC 2-1-5; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-5 was renumbered by the Publisher as 75 IAC 2-1-5, effective July 1, 2007.
75 IAC 2-1-6 Certificate of origin or manufacturer's state of origin defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 6. "Certificate of origin" or "manufacturer's statement of origin" refers to the original ownership document for a vehicle issued by a manufacturer and provided to the initial purchaser of that vehicle so as to begin the chain of ownership of that vehicle. (Secretary of State; 75 IAC 2-1-6; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1- 6 was renumbered by the Publisher as 75 IAC 2-1-6, effective July 1, 2007.
75 IAC 2-1-7 Consignee defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 7. "Consignee" means a dealer who receives a vehicle for the purpose of offering the vehicle for sale but title to which is held by another person. (Secretary of State; 75 IAC 2-1-7; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-8 was renumbered by the Publisher as 75 IAC 2-1-7, effective July 1, 2007.
75 IAC 2-1-8 Consignment sales defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 8. "Consignment sales" refers to a sale in which the dealer sells or offers for sale, for compensation or not, a vehicle which is not titled or assigned to the dealer. (Secretary of State; 75 IAC 2-1-8; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184- 2007, SECTION 66, 140 IAC 3.5-1-9 was renumbered by the Publisher as 75 IAC 2-1-8, effective July 1, 2007.
75 IAC 2-1-9 Consignor defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 9. "Consignor" means the titled or assigned owner of a vehicle who consigns a vehicle to a dealer. (Secretary of State; 75 IAC 2-1-9; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-10 was renumbered by the Publisher as 75 IAC 2-1-9, effective July 1, 2007.
75 IAC 2-1-10 Converter manufacturer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-37; IC 9-23
Sec. 10. "Converter manufacturer" has the meaning set forth in IC 9-13-2-37. (Secretary of State; 75 IAC 2-1-10; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-11 was renumbered by the Publisher as 75 IAC 2-1-10, effective July 1, 2007.
75 IAC 2-1-11 Dealer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-42; IC 9-18; IC 9-23
Sec. 11. "Dealer" has the meaning set forth in IC 9-13-2-42. (Secretary of State; 75 IAC 2-1-11; filed Jan 5, 1994, 5:00 p.m.: 17 IR 970; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-12 was renumbered by the Publisher as 75 IAC 2-1-11, effective July 1, 2007.
75 IAC 2-1-12 Dealer plate defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-26; IC 9-23
Sec. 12. "Dealer plate" means a classification of metal registration plates issued by the bureau of motor vehicles to a licensed dealer, manufacturer, converter manufacturer, distributor, transfer dealer, wholesale dealer, automobile auctioneer, or broker. (Secretary of State; 75 IAC 2-1-12; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1- 13 was renumbered by the Publisher as 75 IAC 2-1-12, effective July 1, 2007.
75 IAC 2-1-13 Designee defined
Authority: IC 9-23-0.7-1
Affected: IC 6-6-5; IC 9-13-2; IC 9-18-26-8; IC 9-23
Sec. 13. "Designee" refers to any person, including an employee, to which a dealer or manufacturer has granted the use of a vehicle, under IC 9-18-26-8, in the dealer's or manufacturer's inventory displaying a dealer-new, dealer-used, or manufacturer registration plate. (Secretary of State; 75 IAC 2-1-13; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-14 was renumbered by the Publisher as 75 IAC 2-1-13, effective July 1, 2007.
75 IAC 2-1-14 Established place of business defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-50; IC 9-23
Sec. 14. "Established place of business" has the meaning set forth in IC 9-13-2-50 and outlined in 140 IAC 3.5-2. (Secretary of State; 75 IAC 2-1-14; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-15 was renumbered by the Publisher as 75 IAC 2-1-14, effective July 1, 2007.
75 IAC 2-1-15 License year defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23-2-8
Sec. 15. "License year" refers to a twelve (12) month period commencing and ending in accordance with IC 9-23-2-8. (Secretary of State; 75 IAC 2-1-15; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1- 16 was renumbered by the Publisher as 75 IAC 2-1-15, effective July 1, 2007.
75 IAC 2-1-16 Manufacturer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-97; IC 9-23
Sec. 16. "Manufacturer" has the meaning set forth in IC 9-13-2-97. (Secretary of State; 75 IAC 2-1-16; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-17 was renumbered by the Publisher as 75 IAC 2-1-16, effective July 1, 2007.
75 IAC 2-1-17 Motor vehicle industry sponsored trade show defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 17. "Motor vehicle industry sponsored trade show" means the exhibition of vehicles by a motor vehicle trade association to provide the general public the opportunity to review and inspect vehicles at a single location. All trade association members must be invited to participate in the trade show. (Secretary of State; 75 IAC 2-1-17; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-20 was renumbered by the Publisher as 75 IAC 2-1-17, effective July 1, 2007.
75 IAC 2-1-18 Motor vehicle trade association defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 18. "Motor vehicle trade association" refers to:
  1. a statewide association of licensed dealers with a membership greater than one hundred (100) dealers; or
  2. a local association of licensed dealers with a membership of at least eighty percent (80%) of the dealers in the local area.

(Secretary of State; 75 IAC 2-1-18; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1- 21 was renumbered by the Publisher as 75 IAC 2-1-18, effective July 1, 2007.
75 IAC 2-1-19 New or used motorcycle dealer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 19. "New or used motorcycle dealer" means a person who is properly licensed as a dealer under IC 9-23 and who sells over fifty percent (50%) of total unit sales as new or used motorcycles. (Secretary of State; 75 IAC 2-1-19; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-22 was renumbered by the Publisher as 75 IAC 2-1-19, effective July 1, 2007.
75 IAC 2-1-20 Place of business defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 20. "Place of business" means the business location of a transfer dealer. (Secretary of State; 75 IAC 2-1-20; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-23 was renumbered by the Publisher as 75 IAC 2-1-20, effective July 1, 2007.
75 IAC 2-1-21 Primary business defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23
Sec. 21. "Primary business" means the business activity which generates more than fifty percent (50%) of the gross revenue of the business or enterprise. (Secretary of State; 75 IAC 2-1-21; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-24 was renumbered by the Publisher as 75 IAC 2-1-21, effective July 1, 2007.
75 IAC 2-1-22 Transfer dealer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-185; IC 9-23
Sec. 22. "Transfer dealer" has the meaning set forth in IC 9-13-2-185. (Secretary of State; 75 IAC 2-1-22; filed Jan 5, 1994, 5:00 p.m.: 17 IR 972; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-30 was renumbered by the Publisher as 75 IAC 2-1-22, effective July 1, 2007.
75 IAC 2-1-23 Wholesale dealer defined
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-199; IC 9-23
Sec. 23. "Wholesale dealer" has the meaning set forth in IC 9-13-2-199. (Secretary of State; 75 IAC 2-1-23; filed Jan 5, 1994, 5:00 p.m.: 17 IR 972; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-1-31 was renumbered by the Publisher as 75 IAC 2-1-23, effective July 1, 2007.

Rule 2.   Application of Article

75 IAC 2-2-1 Issuance and use of dealer plates
Authority: IC 9-23-0.7-1
Affected: IC 9-18-26; IC 9-23; IC 9-29
Sec. 1. Dealer plates may be issued to a person properly licensed under IC 9-23. The dealer plates issued, however, may be affixed only to vehicles primarily used or stored at an address within Indiana. (Secretary of State; 75 IAC 2-2-1; filed Jan 5, 1994, 5:00 p.m.: 17 IR 971; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-1 was renumbered by the Publisher as 75 IAC 2-2-1, effective July 1, 2007.
75 IAC 2-2-2 Certificates of origin for converted vehicles
Authority: IC 9-23-0.7-1
Affected: IC 9-17; IC 9-18; IC 9-23
Sec. 2. A licensed dealer, manufacturer, converter manufacturer, or transfer dealer who converts any type of vehicle, on which a certificate of origin has already been issued, into another type of motor vehicle on which the manufacturer, converter manufacturer, dealer, or transfer dealer issues a second certificate of origin must provide both the initial certificate of origin and the second certificate of origin upon transfer of the vehicle. (Secretary of State; 75 IAC 2-2-2; filed Jan 5, 1994, 5:00 p.m.: 17 IR 972; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-2 was renumbered by the Publisher as 75 IAC 2-2-2, effective July 1, 2007. 75 IAC
75 IAC 2-2-3 Dealer license requirements
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-26; IC 9-23-2-10
Sec. 3. Under IC 9-23, dealers designated dealer-new, dealer-used, motorcycle dealer-new, and motorcycle dealer-used shall meet the following requirements:
  1. A dealer must have a license issued by the commissioner in order to receive dealer plates.
  2. An application for a new dealer license and dealer plates may be submitted any time prior to December 15 for the current license year. A dealer license renewal application may be submitted thirty (30) days prior to the license expiration date.
  3. An applicant who applies for a license after December 15 shall be eligible to be licensed for the following year.
  4. Only one (1) dealer can be licensed from the same address or established place of business.
  5. In addition to the requirements outlined in IC 9-23, a dealer must meet the following minimum requirements:
    1. The dealer must provide a federal identification number and a retail merchant's certificate number.
    2. The dealer must, for the entire licensing period, have an established place of business with an Indiana address other than an Indiana post office box address. Dealer licenses and dealer plates shall be mailed to the business address only. The established place of business may not house a secondary business unless that business is closely related to the saleof motor vehicles and this secondary business does not provide in excess of fifty percent (50%) of the dealer's gross income. Multiple business locations such as strip office malls, garages, or residential properties shall be accepted if:
      1. a separate entrance is maintained;
      2. a separate address is maintained, and the business location is not a part of or attached to a residential dwelling;
      3. local zoning requirements are met;
      4. a distinct impression of separate businesses is given to the general public; and
      5. all other location and office requirements are met.
    3. The dealer's established place of business shall:
      1. be accessible to the public;
      2. have at least a space of one thousand three hundred (1,300) square feet and be able to accommodate the display of a minimum of ten (10) vehicles of the kind and type which the dealer is licensed to sell and space for customer parking;
      3. meet all local zoning requirements;
      4. be well lit during hours of operation; and
      5. have display and customer parking areas adequately surfaced with asphalt, concrete, rock, or substance which will not change with weather conditions.
    4. The dealer's office shall be:
      1. housed at the dealer's established place of business;
      2. at least one hundred (100) square feet in size;
      3. equipped with office furniture such as a desk, chairs, and filing cabinets; and
      4. served with utilities such as electricity, lighting, heat, and a business telephone.
    5. The dealer must provide garage liability insurance for the established place of business under IC 9-23-2-10.
    6. The dealer must provide photographs of the established place of business with the initial application for dealer license. These photographs must include, but are not limited to, the major:
      1. sales and storage lot;
      2. exterior advertising sign; and
      3. display and office building.
      The photographs must not be less than three (3) inches by five (5) inches in size. The photographs will be required to be updated if the dealership is moved or if its physical facilities are substantially altered or modified.
    7. The dealer must be in good standing with the bureau of motor vehicles, the department of revenue, and the state police department.
    8. The dealer must provide, with the initial licensing application, evidence of a franchise or contract agreement, if applicable, showing a sales arrangement with a manufacturer, converter manufacturer, or distributor.
    9. The dealer must maintain, at the established place of business, a conspicuous, permanent sign identifying the dealer by the name in which the dealer is licensed and the dealership's hours of operation.
    10. The dealer's established place of business must be accessible to the public for a minimum of thirty (30) hours each week during normal business hours. For the purpose of this rule, "accessible" means the place of business must be:
      1. manned at least thirty (30) hours each week;
      2. manned at least twenty (20) hours each week and a telephone answering, paging, or mobile service offered during the remaining ten (10) hours each week, the number for which is identified on the business sign; or
      3. opened by appointment at least thirty (30) hours each week by maintaining a manned telephone or mobile telephone service for a minimum of ten (10) hours each week and a telephone answering, paging, or mobile service offered during remaining twenty (20) hours each week, the number for which is identified on the business sign.
(Secretary of State; 75 IAC 2-2-3; filed Jan 5, 1994, 5:00 p.m.: 17 IR 973; readopted filed Oct 17, 2001, 4:50 p.m.: 25 IR 912; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2- 4 was renumbered by the Publisher as 75 IAC 2-2-3, effective July 1, 2007.
75 IAC 2-2-4 Issuance of off-site sales licenses;
general conditions and minimum requirements
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-23; IC 24-4-6
Sec. 4.
  1. An off-site license may be issued to a licensed dealer, manufacturer, automobile auctioneer, or transfer dealer for the purpose of conducting a vehicle event at a location other than the applicant's established place of business.
  2. The temporary location must:
    1. be in a well defined location such as a building, tent, or open parking area which is separate and distinct from other business locations;
    2. set up to include an appropriate area for the closing of a sale if a sale is closed at the off-site location; and
    3. meet all local ordinances and zoning requirements.
  3. The application must:
    1. be received at least sixty (60) days prior to the event;
    2. contain the exact address of the proposed event location along with a brief description of the location;
    3. include the applicant's established place of business;
    4. contain the applicant's dealer license number;
    5. contain the applicant's retail merchant's certificate number;
    6. include name, address, and telephone number of:
      1. the owner if sole proprietorship;
      2. the partners if partnership; or
      3. the officers if corporation; and
    7. contain the dates of the proposed event.
  4. The commissioner may approve the application and issue a license or deny the application within forty-five (45) days of the receipt of the application.
  5. Vehicle sales may not be conducted on Sunday under this rule pursuant to IC 24-4-6.
  6. Motor vehicle industry sponsored trade shows are exempted from the provisions of this rule, but the sponsor must notify the commissioner, in writing, of the scheduling of a show and its participants at least thirty (30) days prior to a show.
(Secretary of State; 75 IAC 2-2-4; filed Jan 5, 1994, 5:00 p.m.: 17 IR 974; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-1 was renumbered by the Publisher as 75 IAC 2-2-1, effective July 1, 2007.
75 IAC 2-2-5 Dealer plates; restrictions on use
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-26-10; IC 9-23
Sec. 5. In addition to the restrictions established by IC 9-23, dealer plates issued to dealer-new, dealer-used, motorcycle dealernew, and motorcycle dealer-used are subject to the following restrictions:
  1. Dealer plates under this section shall only be affixed upon vehicles in the dealer's inventory being held for sale in the usual and customary conduct of the dealer's business of buying and selling vehicles.
  2. Use of the plates shall be for the direct and incidental use in the usual and customary conduct and operation of the business of the dealer.
  3. Dealer plates under this section shall not be used on vehicles required to be registered or on vehicles for which dealers charge and receive compensation from individuals other than their employees. Vehicles required to be registered include:
    1. tow trucks;
    2. delivery trucks;
    3. rental or lease vehicles; or
    4. parts and service vehicles.
    A vehicle used to pick up or deliver parts or supplies is a service or parts vehicle.
  4. The application must:
  5. Dealer plates may not be used on vehicles leased or rented to or by the dealer.
  6. Dealer plates may be used for up to ten (10) days within the state of Indiana on vehicles which are hauling a load provided the movement is for demonstration purposes to effect a sale of the demonstrated vehicle if the dealer has notified and been granted approval by the state police department.
  7. Dealer plates under this section may be used by a prospective buyer or service customer on a vehicle in the dealer's inventory unattended by any agent or representative of the dealer for a period not to exceed ten (10) days.
  8. Following the sale and delivery of a vehicle from the dealer's inventory, the metal dealer plate shall not be used on that vehicle. An interim registration plate may be issued to the purchaser by the dealer under IC 9-18-26-10 for a period expiring thirty-one (31) days from the date of delivery or until regular registration plates have been obtained, whichever event occurs first.
  9. The dealer, and the dealer's designees, may use the dealer registration plates issued to the dealership for personal use on vehicles in the dealer's inventory. Under this subdivision, an employee must be in a bona fide employment arrangement.
  10. Dealer plates may not to be used to circumvent the registration of individual motor vehicles as required by law or the payment of sales tax or motor vehicle excise taxes on those vehicles.
  11. For a dealer to loan, lease, or sell any dealer plate issued to the dealership to anyone not authorized to use that dealer's plates or to any party who has or could obtain any classification of dealer plates as a result of the nature of that party's business, is a violation of this article.
  12. A vehicle bearing a dealer plate, except when the vehicle is being transported to the dealer's place of business from a manufacturer, must have:
    1. in the case of a new vehicle, a monroney sticker attached to the vehicle; or
    2. in the case of a used vehicle, a Federal Trade Commission buyer's guide sticker attached to the vehicle.
  13. Motorcycle dealer plates may not be used on any other type of motor vehicle other than a motorcycle even if that vehicle is held in the inventory of the dealer.
  14. Any motorcycle dealer who maintains for sale an inventory of vehicles other than motorcycles may apply for dealer-used plates for use in conjunction with the sale of those vehicles.
(Secretary of State; 75 IAC 2-2-5; filed Jan 5, 1994, 5:00 p.m.: 17 IR 975; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-1 was renumbered by the Publisher as 75 IAC 2-2-1, effective July 1, 2007.
75 IAC 2-2-6 Manufacturer license requirements
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-26; IC 9-18-27; IC 9-23-2-10
Sec. 6.
  1. Manufacturers, converter manufacturers, factory branches, factory representatives, distributors, distributor branches, or distributor representatives must have a license issued by the commissioner under IC 9-23 in order to receive manufacturer plates.
  2. Manufacturers, converter manufacturers, factory branches, factory representatives, distributors, distributor branches, or distributor representatives, though conducting business within Indiana, are not required to have an established place of business.
  3. Application for manufacturer license and manufacturer plates may be made after December 15 or two (2) months prior to the expiration month of each year for the following license year.
  4. An applicant who applied for a license after December 15 but before March 1 of the license year shall be eligible to be licensed for the following license year.
  5. In addition to the requirements outlined in IC 9-23, a manufacturer must meet the following minimum requirements:
    1. The applicant must provide a federal identification number and a retail merchant's certificate number.
    2. The applicant must provide, if the applicant has an established place of business, garage liability insurance as prescribed in IC 9-23-2-10. The applicant must provide, if the applicant does not have an established place of business, business liability insurance in an amount approved by the commissioner.
    3. The applicant must be in good standing with the bureau of motor vehicles, the department of revenue, and the state police department.
    4. Unless conflicting with the provisions of this section, all rules governing dealers apply to manufacturers.
(Secretary of State; 75 IAC 2-2-6; filed Jan 5, 1994, 5:00 p.m.: 17 IR 976; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR- 075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-1 was renumbered by the Publisher as 75 IAC 2-2-1, effective July 1, 2007.
75 IAC 2-2-7 Manufacturer plates; restrictions on use
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-26; IC 9-18-27; IC 9-23; IC 9-25-4-5
Sec. 7. In addition to the restrictions established by IC 9-18-26, manufacturer plates are subject to the following restrictions:
  1. If the manufacturer, converter manufacturer, factory representative, factory branch, distributor, distributor representative, or distributor branch desires to obtain manufacturer plates and does not have an established place of business, then the applicant must show that the vehicles to be plated and utilized on the public highways have insurance coverage in the same amount as required under IC 9-25-4-5.
  2. Manufacturer plates under this section shall only be affixed upon vehicles in the manufacturer's inventory being held for sale in the usual and customary conduct of the manufacturer's business.
  3. Manufacturer plates shall be for the direct and incidental use in the usual and customary conduct and operation of the business of the manufacturer.
  4. Use in the usual and customary conduct and operation of the business shall be determined by the practice of all manufacturers in accordance with this article.
  5. Manufacturer plates under this section shall not be used on vehicles required to be registered or upon any vehicle for which the manufacturer received compensation from individuals other than the manufacturer's employees.
  6. The manufacturer, and the manufacturer's designees, may use the manufacturer plates issued to the manufacturer for personal use on vehicles in the manufacturer's inventory. A designee, for purposes of this subdivision, must be in a bona fide employment arrangement.
  7. Manufacturer plates may not be used to circumvent the registration of individual motor vehicles as required by law or the payment of sales tax or automobile excise taxes on those vehicles.
  8. For a manufacturer to loan, lease, or sell a manufacturer plate issued to the manufacturer to anyone not authorized to use that manufacturer's plates or to a party who has or could obtain any classification of dealer plates as a result of the nature of that party's business, is a violation of this rule.(Secretary of State; 75 IAC 2-2-7; filed Jan 5, 1994, 5:00 p.m.: 17 IR 975; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2- 8 was renumbered by the Publisher as 75 IAC 2-2-7, effective July 1, 2007.
75 IAC 2-2-8 Transfer dealer license requirements
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18; IC 9-23-2-10
Sec. 8.
  1. Transfer dealers must be properly licensed by the commissioner in order to receive transfer dealer plates.
  2. An application for a new transfer dealer license and transfer dealer plates may be submitted any time prior to December 15 for the current license year. A transfer dealer license renewal application may be submitted thirty (30) days prior to the license expiration date.
  3. An applicant who applies for a license under this section after December 15 shall be eligible to be licensed for the following year.
    1. Furnish a federal identification number and a retail merchant's certificate number.
    2. Have a place of business which is devoted to the conduct of a business related to the sale of motor vehicles. The place of business must be a permanent, enclosed building or structure. The place of business shall not include a residence, tent, temporary stand, or permanent quarters temporarily occupied. Parking or storage of a minimum of ten (10) motor vehicles must be provided.
    3. Furnish photographs of the place of business with the initial application for a transfer dealer license. These photographs must include, but are not limited to, the major sales, storage, and office space utilized by the transfer dealer. The photographs must be not less than three (3) inches by five (5) inches in size. The photographs must be updated if the dealership is moved or if its physical facilities are substantially altered or modified.
    4. The transfer dealer must be in good standing with the bureau of motor vehicles, the department of revenue, and the state police department.
    5. Furnish proof of coverage by garage liability insurance under IC 9-23-2-10 if the dealer has an established place of business. The transfer dealer must be covered by business liability insurance if the dealer has a place of business.
    6. Provide a statement delineating the type and extent of the dealer's business.
  4. Unless conflicting with the provisions of this section, all rules that the commissioner finds applicable governing dealers shall apply to transfer dealers.
(Secretary of State; 75 IAC 2-2-8; filed Jan 5, 1994, 5:00 p.m.: 17 IR 976; readopted filed Oct 17,2001, 4:50 p.m.: 25 IR 913; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-9 was renumbered by the Publisher as 75 IAC 2-2-8, effective July 1, 2007.
75 IAC 2-2-9 Transfer dealer plates; restrictions on use
Authority: IC 9-23-0.7-1
Affected: IC 9-18-26; IC 9-23
Sec. 9.
  1. Transfer dealer plates may be placed on vehicles owned by the transfer dealer for a period not to exceed ten (10) days for:
    1. the purpose of acquisition of vehicles;
    2. the purpose of previously sold vehicles; or
    3. delivery of vehicles following sale.
  2. A transfer dealer plate may be placed on any vehicle owned by the transfer dealer for demonstration of the vehicle to a potential customer for a period not to exceed ten (10) days.
  3. Transfer dealer plates may be placed on vehicles not owned by the transfer dealer but in the dealer's rightful possession for a period not to exceed ten (10) days for the purpose of performing mechanical, body, or maintenance work on the vehicles.
  4. A transfer dealer plate may not be placed on any vehicle, even a vehicle in the inventory of the dealer, for the personal use of a transfer dealer or the transfer dealer's employees.
(Secretary of State; 75 IAC 2-2-9; filed Jan 5, 1994, 5:00 p.m.: 17 IR 976; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-10 was renumbered by the Publisher as 75 IAC 2-2-9, effective July 1, 2007.
75 IAC 2-2-10 Wholesale dealer, auctioneer, and broker licenses
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2; IC 9-18-26; IC 9-23
Sec. 10.
  1. Wholesale dealers, automobile auctioneers, and brokers must be properly licensed by the commissioner in order to receive dealer plates.
  2. An application for a new wholesale dealer license and dealer plates may be submitted any time prior to December 15 for the current license year. A wholesale dealer, automobile auctioneer, or broker license renewal application may be submitted thirty (30) days prior to the license expiration date.
  3. Any applicant who applies for a license after December 15 is eligible to be licensed for the following year.
  4. The following are minimum requirements for licensing wholesale dealers, automobile auctioneers, and brokers:
    1. An applicant must furnish a federal identification number and a retail merchant's certificate number.
    2. An applicant must be covered by business liability insurance in an amount determined by the commissioner.
    3. An applicant must be in good standing with the bureau of motor vehicles, the department of revenue, and the state police department.
    4. Each applicant must submit to an investigation by the bureau of motor vehicles within one hundred twenty (120) days following the issuance of the wholesale dealer license. Business records must be presented to verify the number of monthly sales. Each applicant will be contacted at the address given on the license application. If the applicant is not available when the investigator calls, it will be the responsibility of the dealer to contact the bureau of motor vehicles to arrange for a subsequent visit. Dealer plates will not be renewed under this section until an investigation has been conducted.
    5. The wholesale dealer must provide a permanent Indiana address at which the dealer may be contacted by the bureau of motor vehicles.
    6. A wholesale dealer must sell a minimum of one hundred twenty (120) vehicles per year.
    7. Unless conflicting with the provisions of this section, all rules that the commissioner finds applicable governing dealers shall apply to wholesale dealers, automobile auctioneers, and brokers.
    8. A wholesale dealer, except a dealer licensed as an automobile auctioneer, may not sell vehicles to the general public.
(Secretary of State; 75 IAC 2-2-10; filed Jan 5, 1994, 5:00 p.m.: 17 IR 976; readopted filed Oct 17, 2001, 4:50 p.m.: 25 IR 914; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2- 11 was renumbered by the Publisher as 75 IAC 2-2-10, effective July 1, 2007.
75 IAC 2-2-11 Number of vehicles sold by dealer or transfer dealer
Authority: IC 9-23-0.7-1
Affected: IC 9-18-26; IC 9-23
Sec. 11.
  1. Dealers and transfer dealers, with the exception of wholesale dealers, financial institutions, and insurance companies, must sell a minimum of twelve (12) vehicles within a twelve (12) month period. For the purpose of determining the number of units sold or anticipated to be sold by a dealer, the licensing year shall be used.
  2. A wholesale dealer is subject to the requirement of selling one hundred twenty (120) vehicles within a twelve (12) month period. For the purpose of determining the number of units sold or anticipated to be sold by a wholesale dealer, the licensing year shall be used.
(Secretary of State; 75 IAC 2-2-11; filed Jan 5, 1994, 5:00 p.m.: 17 IR 977; readopted filed Oct 17, 2001, 4:50 p.m.: 25 IR 914; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-13 was renumbered by the Publisher as 75 IAC 2-2-11, effective July 1, 2007.
75 IAC 2-2-12 Consignment sales
Authority: IC 9-23-0.7-1
Affected: IC 9-13-2-15; IC 9-13-2-105; IC 9-18-26-10; IC 9-23-2
Sec. 12.
  1. As used in this section, "consignment sales lot" means a business which conducts twelve (12) or more (retail or wholesale) consignment sales per year for which ownership is never transferred to a broker as defined in IC 9-13-2-15.
  2. A consignor who consigns a vehicle to a consignee to be offered for sale and sold by the consignee on behalf of the consignor to a third party purchaser must provide the consignee with either the title to the vehicle along with a power of attorney designating the consignee as the agent of the consignor or a duly executed consignment agreement between the consignor and the consignee. The consignor must be identified to the buyer by the consignee.
  3. A consignment agreement for consignment sales must contain, but is not limited to, the following information:
    1. The name and current address of the vehicle's titled owner and person having possession of the title.
    2. The name and current address of any party holding a lien on the vehicle.
    3. The name and current address of the party to which the vehicle was consigned for sale.
    4. A description of the vehicle, including the vehicle's make, model, color, and manufacturer's vehicle identification number.
    5. A statement showing that the consignor has appointed the consignee as an agent for the purpose of offering the vehicle for sale.
    6. Any sales conditions that must be met by the consignee.
  4. Consignment arrangements do not apply to a licensed dealer's inventory. Consignment agreements must be completed for each vehicle offered for sale on the consignment sales lot regardless of whether or not the consignor has provided a title. Copies of the consignment agreement must be maintained continuously for a period of three (3) years.
  5. The vehicle should be plated by the consignor and insured by the consignor for the purpose of demonstration of the vehicle. The consignee is not eligible for interim plates under section 15 of this rule.
  6. The consignment sales lot must meet the requirements of a dealer's location, office, and zoning provisions.
(Secretary of State; 75 IAC 2-2-12; filed Jan 5, 1994, 5:00 p.m.: 17 IR 978; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-14 was renumbered by the Publisher as 75 IAC 2-2-12, effective July 1, 2007.
75 IAC 2-2-13 Interim plates; restrictions on use
Authority: IC 9-23-0.7-1
Affected: IC 9-18-26-10; IC 9-23
Sec. 13.
  1. Requirements for the use of interim plates shall be as follows:
    1. Under IC 9-18-26-10, interim plates may be utilized only by the operator of a motor vehicle:
      1. for a period not to exceed thirty-one (31) days after the date of delivery; or
      2. until regular registration plates are obtained;

      whichever occurs first.
    2. Only one (1) interim plate may be issued by a dealer to the purchaser of a motor vehicle. No additional interim plates may be issued for the motor vehicle for any reason.
    3. Interim plates may not be utilized on the following vehicles:
      1. A vehicle owned or in the inventory of a licensed dealer.
      2. Vehicles sold on consignment by a dealer.
    4. The dealer must provide an ownership document to the purchaser at the time of issuance of the interim plate.
    5. Interim plates may not be utilized on vehicles sold to dealers at automobile auctions unless the dealer is:
      1. an out-of-state dealer without metal dealer plates from the dealer's state; or
      2. an Indiana license only dealer without metal dealer plates.
  2. Requirements for the interim plate log shall be as follows:
    1. All dealers utilizing interim plates must maintain a log recording the issuance of each plate.
    2. The interim plate log shall include, but is not limited to, the following:
      1. An interim plate control number by control number sequence.
      2. The name and address of the party to whom the interim plate was issued.
      3. The make, model, and year of the vehicle to which the plate is to be affixed.
      4. The manufacturer's vehicle identification number.
      5. The date of issuance of the interim plate.
    3. All interim plates not issued by the dealer must be retained in the dealer's possession at all times
    4. The interim plate log shall be maintained continuously for a period of three (3) years.
  3. Penalties shall be as follows:
    1. Any misuse of an interim plate may result in the limiting of the dealer's interim plate usage or suspension of the dealer's license.
    2. The dealer is subject to all criminal penalties provided by statute.
(Secretary of State; 75 IAC 2-2-13; filed Jan 5, 1994, 5:00 p.m.: 17 IR 978; readopted filed Oct 17, 2001, 4:50 p.m.: 25 IR 914; filed Apr 13, 2007, 2:45 p.m.: 20070509-IR-140060126FRA; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-15 was renumbered by the Publisher as 75 IAC 2-2-13, effective July 1, 2007.
75 IAC 2-2-14 Denial, suspension, or revocation of dealer license and plate; hearing
Authority: IC 9-23-0.7-1
Affected: IC 4-21.5; IC 9-18-26-2; IC 9-23-2-14; IC 9-23-6
Sec. 14.
  1. Application for a dealer license and dealer plates shall be as follows:
    1. A person may file an application for a dealer license and dealer plates with the commissioner.
    2. The commissioner shall investigate the information submitted with the application. Based upon the investigation, the commissioner shall approve or deny the application.
    3. If the application is approved, the commissioner shall assign the applicant to the proper classification of dealer plates and issue the plates under this rule and IC 9-18-26-2.
    4. If the application is denied or if the applicant does not agree with the commissioner's classification, the request for redetermination procedure shall be as follows:
      1. Within fifteen (15) days of the commissioner's determination of a party's application for dealer plates, that party, if aggrieved, may make written request to the bureau of motor vehicles for a redetermination specifically stating the grounds for which the redetermination is requested.
      2. As a result of the written request for redetermination, the commissioner shall afford the applicant the opportunity to present evidence at a hearing. The hearing will be conducted in accordance with IC 4-21.5. Any further review of the determination by the bureau of motor vehicles shall be afforded under IC 9-23-2-14(b).
  2. A dealer license or dealer plates, or both, may be suspended or revoked if the bureau of motor vehicles determines that the dealer has willfully violated federal or state law, including this rule, relating to the sale, distribution, financing, or insuring of motor vehicles. The bureau of motor vehicles may place the dealer on probation. The dealer is also subject to all other penalties under IC 9-23-6.
  3. The bureau of motor vehicles shall notify the dealer of specific charges and schedule a hearing under IC 4-21.5 before the bureau of motor vehicles suspends or revokes a dealer license or dealer plates or places the dealer on probation.
  4. Any further review of the determination by the bureau of motor vehicles shall be afforded under IC 9-23-2-14(b).
(Secretary of State; 75 IAC 2-2-14; filed Jan 5, 1994, 5:00 p.m.: 17 IR 979; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-16 was renumbered by the Publisher as 75 IAC 2-2-14, effective July 1, 2007.
75 IAC 2-2-15 Operation without license; cease and desist order
Authority: IC 9-23-0.7-1
Affected: IC 9-23
Sec. 15. A business engaged in the business activities as identified in IC 9-23 must be properly licensed to carry out the business activities and functions. Failure to obtain a license or having a license suspended or revoked by the bureau of motor vehicles shall be cause for an order to cease and desist all business activities to be issued by the bureau of motor vehicles. The bureau of motor vehicles shall notify the state police department of an order issued to cease and desist business activities. (Secretary of State; 75 IAC 2-2-15; filed Jan 5, 1994, 5:00 p.m.: 17 IR 979; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2-17 was renumbered by the Publisher as 75 IAC 2-2-15, effective July 1, 2007.
75 IAC 2-2-16 Dealer licensing fees; procedures for handling
Authority: IC 9-23-0.7-1
Affected: IC 9-23; IC 9-29
Sec. 16.
  1. The bureau of motor vehicles shall charge a fee of twenty dollars ($20), or five percent (5%) of the face amount of the check, whichever is greater, but not to exceed two hundred fifty dollars ($250) as a handling charge for returned checks.
  2. If additional dealer plates are not approved after investigation, there will be no refund for issued temporary dealer permits.
(Secretary of State; 75 IAC 2-2-16; filed Jan 5, 1994, 5:00 p.m.: 17 IR 979; readopted filed Jul 30, 2001, 10:26 a.m.: 24 IR 4229; readopted filed Nov 21, 2007, 10:47 a.m.: 20071219-IR-075070701RFA) NOTE: Under P.L.184-2007, SECTION 66, 140 IAC 3.5-2- 18 was renumbered by the Publisher as 75 IAC 2-2-16, effective July 1, 2007.