Did Louisiana's used-car dealer seminar requirement apply when an existing dealer renewed a license?

Plain-English summary

Louisiana Representative Jean M. Doerge asked how a 2000 amendment to the used motor vehicle dealer licensing law applied to license applicants. Starting January 1, 2002, the provision called for evidence that a dealership's general manager, office manager, title clerk, or other responsible representative had attended a four-hour educational seminar or registered to attend one within sixty days after the license was issued.

The attorney general's office concluded that this requirement covered both new and renewal applicants. The amendment said “every application” and did not distinguish between the two groups. The opinion addressed that distinction; it did not decide any other licensing question.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Used motor vehicle dealers at the time

Under the office's reading of the 2000 amendment, renewing a dealer license did not exempt a dealership from the seminar requirement. The required attendee could be one of the dealership representatives named in the provision.

Licensing officials at the time

The opinion treated first-time and renewal applications alike for this seminar requirement. It relied on the absence of any distinction between them in the amended text.

Common questions

Q: Did a Louisiana used-car dealer have to repeat the seminar for a license renewal under this opinion?
A: The opinion said renewal applicants had to meet the seminar requirement. It did not address whether a representative who had already attended would have to attend again for each renewal.

Q: Could a dealership obtain a license before its representative attended the seminar?
A: The provision quoted in the opinion allowed an application to be supported by evidence that a representative had registered to attend within sixty days after license issuance. The opinion did not separately analyze that option.

Q: Did the seminar include an examination?
A: The quoted amendment said the educational seminar requirement did not include written or oral exams.

Background and statutory framework

Act 33 of Louisiana's First Extraordinary Session of 2000 amended R.S. 32:774(B)(3)(b)(i). Its quoted language applied to “every application for the issuance of a used motor vehicle dealer’s license.” The office reasoned that the legislature could have distinguished new applicants from renewal applicants if it intended to do so. The opinion's conclusion was limited to the seminar requirement.

Citations and references

• R.S. 32:774(B)(3)(b)(i) (used motor vehicle dealer educational seminar)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0328

Original opinion text

October 4, 2000
OPINION 00-328

70 MOTOR VEHICLES
Honorable Jean M. Doerge
R.S. 32:774(B)(3)(b)(i)
State Representative
Educational seminar requirements are applicable to both first-time and
732 Main Street
renewal applicants for used motor vehicle licensure.
Minden, LA 71055

Dear Representative Doerge:

We are in receipt of your correspondence to this office requesting our review of Act 33 of the First Extraordinary Session of 2000, which amends R.S. 32:774(B)(3)(b)(i) to provide the following:

(b)(i) On and after January 1, 2002, every application for the issuance of a used motor vehicle dealer’s license shall be accompanied by, or supported by, which evidence as the commission shall prescribe, documenting that the dealership’s general manager, office manager, title clerk, or other responsible representative of the dealership has attended a four-hour educational seminar or has registered to attend such seminar within sixty days after issuance of the license. The failure to attend the seminar shall be considered a violation of this Chapter. The educational seminar shall include but is not limited to the dealer requirements of this Chapter and the rules promulgated to implement, enforce, and administer this Chapter. Additionally, the seminar materials shall include a presentation of the requirements of the Louisiana Department of Public Safety and Corrections, office of motor vehicles, the Louisiana Department of Revenue, and such other information that will promote good business practices. Such educational seminar requirement shall not include written or oral exams.

This office is of the opinion that the amendment to R.S. 32:774(B)(3)(b)(i) is applicable to all applicants for used motor vehicle dealer licenses. If the legislature had intended to make a distinction between new applicants and renewal applicants, it could have so provided. Thus, the educational seminar requirements must be met by both first-time and renewal applicants.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

OPINION 00-328

71 MOTOR VEHICLES

R.S. 32:774(B)(3)(b)(i)

Educational seminar requirements are applicable to both first-time and renewal applicants for used motor vehicle licensure.

Honorable Jean M. Doerge
State Representative
732 Main Street
Minden, LA 71055

Date Received:
Date Released: October 4, 2000

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL