Hawaii Independent Automobile Dealers Association

Motor Vehicle Industry Licensing Board Minutes for 06/30/09 (PDF file)

Page 2 Wayne De Luz last meeting on the board.

Page 2-3 Salesperson license REVOKED for PETER T. NGUYEN for "obtained or attempted to obtain license by fraud or misrepresentation and procuring a license through fraud, misrepresentation, or deceit"

Page 4 Dave Rolf/HADA Executive Officer informed the board that the legislature killed "proof of possession" bill.

Page 4-8 Board continued work on rewrite of Hawaii Administrative Rules for Motor Vehicle Dealers and Salespersons.

Motor Vehicle Industry Licensing Board Agenda for 02/10/2009 (PDF file)

Motor Vehicle Industry Licensing Board Minutes for 12/16/2008 (PDF file)

Highlights of that meeting include:

Page 2 Cutter Dodge Chrysler Jeep Waipahu $500.00 administrative fine for FAILURE TO PROVIDE TITLE.

Page 3 Cutter Ford Isuzu $7,500.00 administrative fine for ADVERTISING VIOLATION.

Page 6-7 HIADA President stated to the licensing board "that he believes that the interest of the

independent dealers is not being addressed by the Board" and "he continues to receive complaints from

independent dealers about unlicensed activity, and there is a lack of enforcement due to RICO's lack

of action; and the Board's most common response to his complaints is that "it is not my job" 

Motor Vehicle Industry Licensing Board Minutes for 10/21/2008 (PDF file)

Highlights of that meeting include:
 
- Fred Keen, Grand Am Auto Sales (MVD730-expired) was fined $1,500.00 for the following violations: HRS 437-12 Legal ownership certificates. (a) Possession or proof of possession of legal ownership certificate. No dealer shall sell or advertise for sale a motor vehicle unless the dealer has in the dealer's possession or proof of possession of the legal ownership certificate of the subject motor vehicle. (b) Delivery of legal ownership certificate. The legal ownership certificate shall be delivered within the period as provided in section 286-52(b) HRS 437-28(a)(2) Has failed to comply with, observe, or adhere to any provision of this chapter or any other law relating to the sale, taxing, or licensing of motor vehicles or any rule or order made pursuant to this chapter; and HRS 437-(a)(17)(E) Has engaged in any improper business conduct, including but not limited to employing, contracting with, or compensating consumer consultants;

- HIADA President objected to radification of MVD 895 because the dealership is located in Agriculture zone.  Board radified license stating "it is not authorized to investigate his complaint."

Motor Vehicle Industry Licensing Board Minutes for 09/09/2008 (PDF file)

Highlights of that meeting include:
 
- Board deferred ratification of a MVD license due to concerns with "secured environment of its office."
- Board did a away with "Employer Certification requirement on the application form for a Motor Vehicle Salesperson's license."
- HIADA President provided the board with recommendations for changes to HAR 86.
- HIADA President ask if dealership relocations were being ratified/approved by the board and if a listing of dealer relocations could be made available with the minutes.  Executive Officer to investigate.

Motor Vehicle Industry Licensing Board Agenda for 08/19/2008 (PDF file) 

(meeting rescheduled to 09/09/2008)

Motor Vehicle Industry Licensing Board Agenda for 07/19/2008 (PDF file)

This is a special meeting to start the process of updating the Hawaii Administrative Rules for Motor Vehicle Dealers.  Last updated 04/19/1993.

Motor Vehicle Industry Licensing Board Minutes for 06/17/2008 (PDF file)

- The attorney for HADA (new car dealers assoc.) presented another request to the board asking for reconsideration of the board’s informal interpretation regarding "proof of possession" issued 12/18/07.  Request was denied after two hours of discussion.

- John Rego, President, Tropical Car Sales (MVD701) was present to request another hearing.  Board informed Mr. Rego that it did not have jurisdiction.  Note: In August 2007, the board REVOKED Tropical Car Sales license, issued a $11,000 fine, and ordered restitution of $6,000 for multiple violations.

- Gilbert Yoshida of H4 Auto, LLC, was issued a $1,000 administrative fine for violation of HRS 437-2 (engaged in business at an unlicensed location) and HRS 437-4 (advertising the term “wholesale” and failing to display the license plate number of a used motor vehicle).

- HIADA raised an objection to the ratification of motor vehicle dealer license for a business located on AGRICULTURE zoning.  Board agreed with HIADA objection and did not ratify license.

Motor Vehicle Industry Licensing Board Agenda for 06/17/2008 (PDF file)

Motor Vehicle Industry Licensing Board Minutes for 04/15/2008 (PDF file)

- Board agreed to voluntary surrender of MVD675:  SANG DOO CHOI dba HOLO HOLO AUTO license.  Dealer did not admit to violating any law or rule, but cannot apply for a new license for at least 5 years.

- HADA (new car dealers assoc.) requested board withdraw its informal interpretation regarding "proof of possession" issued 12/18/07.  Board denied request, but granted HADA the option of presenting another request at the next board meeting. 

Motor Vehicle Industry Licensing Board Minutes for 02/19/2008 (PDF file)

- The board considered a request by HADA (new car dealers assoc.) to provide a clear ruling on "proof of possession" and to reconsider the board 12/18/07 informal interpretation.  The board after much discussion denied HADA's request.  The board recommended instead changing the law or seeking declaratory relief. 

Motor Vehicle Industry Licensing Board Minutes for 12/18/2007 (PDF file)

Items of interest from the minutes:

HIADA Question to the Motor Vehicle Industry Licenisng Board on "Proof of Possession" dated 08/21/07 (PDF File)

This was a request for an interpretation of HRS 437-12 that states "No dealer shall sell or advertise for sale a motor vehicle unless the dealer has in the dealer's possession or proof of possession of the legal ownership certificate of the subject motor vehicle."