Compliance Guide Presentation Full Guide V6 7 12 2011 Session Re Sort

COLORADO DEALER COMPLIANCE GUIDE

July 12, 2011

Presenter

CADA/McGloin, Davenport, Severson & Snow, P.C.

Michael J. Dommermuth, Esq.McGloin, Davenport, Severson & Snow, P.C.1600 Stout Street, Suite 1600Denver, Colorado 80202Direct Dial: (720) 536-3550Phone: (303) 863-9800Facsimile: (303) [email protected]

mailto:[email protected]

Your Guide to Colorado Laws and Regulations


• Provide Dealers with a Single Reference Guide

• Summarize Key Colorado State Laws that Impact Dealers

• Organized for Ease of Use

• Understandable and Useful Summaries (2-3 Pages per Topic)

• Relevant State Forms and Publications and Links to Additional Resources

• Cross-references to Statutes and Regulations

• Joint Effort of CADA and MDSS


OVERVIEW OF GUIDE CONTENTS• Topical by compliance area (can easily update)

– Expect annual updates July/August after legislative sessions

• Each section has:– Summary – List of relevant statutes and regulations– Attachments (forms, state publications, etc)– Additional Resources (web site, third party, etc)

• About this Guide– How to look up statutes/regulations for more detail (or call us!)

• Appendix – file legal alerts from CADA• Suggestions for improvements • Table of Contents – Key Terms & Main Topics

• Statute• Regulations• Case Law


SOURCES OF REGULATION


OVERVIEW OF STATE REGULATIONS• Licenses• Two Government Agencies

– Motor Vehicle Dealer Board (Create Rules, Oversight of Disciplinary Actions)

• Nine members: 3 new dealers; 3 used dealers; 3 public members

– Auto Industry Division (Enforcement, Licensing, Regulation)

• Manufacturer/Distributors– Executive Director of Department of Revenue

• Powersports Industry• Other State Agencies

• Lawsuit by Group of People in Same Situation– Plaintiff’s Goal is Settlement

• The Class– Request to Certify– Four Elements– Expensive Early Process

• Class Action Waivers in Contracts• Add-on fees

– Frequent Target of Class Actions– Include in Price of Car– Disclose to Customer– Justifiable– Include in Repair Estimate


CLASS ACTION LAWSUITS

• Private Dispute Resolution• Stay Out of Court• Requires a Contractual Agreement• Private Judge• Negotiation• Mediation


ARBITRATION

ARBITRATION (cont.)

PROS• Less Expensive• Faster and More Efficient• Use in Conjunction with

Class Waiver• Less Adversarial –

Minimize Hostility• No Punitive Damages• Can be Done Without

Attorneys

CONS• No Appeal Rights – If

Lose, That’s It!• Arbitrators Split Baby• Same Arbitration Forums

Expensive - $500 Per Hour Arbiters

• Dealer Should Pay Most of Cost of Arbitration


ARBITRATION (cont.)• Key Terms

– Arbitrators (who and how many)– Where– What Types of Disputes– How– Appeal Rights– Consistency with RISC and Purchase Agreement– Do You Sell if Customer Refuses

• Sample agreement in materials


• Permissible, But Not in Statute or Regulation • Must Charge Uniformly

– Cash and Credit Customers

• Risk of Class Actions • Must Disclose as Additional Dealer Costs and Profits

– Disclose in All Purchase Contracts– Post Signs (Sample in Guide)

• Must Be in Advertised Prices– “Advertisement” is Defined Broadly

• Manufacturer Programs


DELIVERY & HANDLING FEES

• Very Broad Definition– Any commercial message– Any window display or computer display– EXCEPT: materials required by state or federal law

• Colorado Requirements – State Dealer’s Name– Cannot Advertise Any Payment or Waiver of Sales Tax– Cannot be “Inaccurate” or “Misleading”– Price

• Include all costs to customer• Requirements if a specific vehicle is advertised• Savings must be documented• Trade-in amount with MSRP


ADVERTISING

• Colorado Requirements (cont.)– Condition of Advertised Vehicle

• Not operable• Photo of similar vehicle• State if used• State if salvage

– Miscellaneous• Going out of business• Do not try to hide terms• Do not falsely imply terms• Do not use terms “dealer cost”, “invoice”, or “wholesale”• Restriction on prize or gift ads

• Out of State Advertising – Jurisdictional issues


ADVERTISING (cont.)

• Disclose Value of Prize in Advertisement (CCPA)• “No Purchase or Payment Necessary” Language

in Contests (Dealer Board Rule 16)• “Free” Item in Connection with Purchase

– Cannot use the word “Free” if Conditioned on Purchase (Dealer Board Rule 9)

– Cannot Raise the Price of the Required Purchase (Federal Law)

• Sweepstakes Cannot Require a Purchase (Federal Law)


PRIZE PROMOTIONS GIVEAWAYS / RAFFLES

• Three Types– Chapter 7– Chapter 13– Chapter 11

• Federal Law Generally• State Law for

Lien Perfection• Lien Perfection Is Essential

– Protect Your Claim– Prevent Lender Buy-Back


BANKRUPTCY / LIEN PERFECTION

• Bankruptcy Basics– Begins with Debtor Filing a “Petition”– Automatic Stay Prohibits any Collection Activities

• Including Repossession

• Important Dates– Creditor’s Meeting– Proof of Claim Deadline

• Contact Legal Counsel


BK / LIEN PERFECTION (cont.)

BK / LIEN PERFECTION (cont.)• Automatic Stay

– What Do You Do When You Get A Bankruptcy Notice


• 30 Days! 30 Days! 30 Days! 30 Days!• Procedure

– Must File with County:• Signed RISC

– Name and address of debtor– Name and address of lienholder– Make, VIN and year– Date and amount of loan

• Certificate of Title Application• State Filing Fee

• Time: Date-Stamped Receipt of Filing


BK / LIEN PERFECTION (cont.)

• Upon Sale – Registered and New Title Issued• Dealer's Obligations Upon Sale

– Deliver Certificate of Title Within 30 days• To customer on cash sale• To correct DMV on financed sale• To county of residence or primary use

– Failure could lead to loss of lien or liability to customer

• Contents of Application– Application for Title and Registration (DR 2395)– Sales Tax Receipt, Bill of Sale, Odometer Disclosure,

Power of Attorney, Emissions • Dealers Must Maintain Proof of Ownership


TITLE PROCESSING & REGISTRATION

• Before Repossession– Dealer Must have Valid Security Interest– Buyer Must Be in Default

• If Using a 3rd Party, Must Use Bonded Repossession Service

• Consumer Credit Sales - Default– Default: 10-Day Failure to Make Payment– Send Notice of Right to Cure – 20-day right to Cure– Co-Signer


REPOSSESSION

REPOSSESSION (cont.)• Notice of Intent to Repossess to Law Enforcement • Notice to Intent to Sell• Do Not Breach Peace


• CCPA – Deceptive Trade Practices– False Representation Regarding Vehicles (New vs. Used,

Advertising)– Failure to Deliver Written Contract– Failure to Disclose– Failure to Have Licenses

• Specific to Motor Vehicles– Cannot Guarantee Financing– Selling Trade-in Before

Financing is Final on Purchase– Fail to Return Down Payment– Fail to Disclose salvage, lemon,

material damage


CONSUMER PROTECTION ACT

CONSUMER PROTECTION ACT(cont.)

• Security Breach Notice

• Penalties:– Triple Damages– Attorney Fees


• Dealers Must Make Written Disclosure– Salvage, Lemon, Known Material Damage

• Salvage– Cost of Repair Exceeds Value– Failure to Disclose Salvage Requires Full and Immediate

Refund

• Material– “Those Details Concerning a Vehicle for Sale that are

Essential or Necessary for a Reasonable Prospective Buyer to Know”

– Question of Fact = Jury Trial– Best Practice – Disclose– Might Have a Claim Against Seller Upstream


DAMAGE DISCLOSURE

• Disclosures– All Transactions

• Terms– Legal Documents– Only Written Terms are Enforceable– Notice that Fraud is Punishable by Law– CASH SALE – Notice That a Lump Sum is Due– CONTINGENT FINANCING - Customer Will Agree to Maximum APR

• Best Practice – use interest rate close to RISC– Daily and Mileage Rate if No Financing– MVDB Contact

• Sign New Documents on Refinancing• If two purchasers on contract; have both sign (best practice)


DISCLOSURES

• Primarily Manufacturer Obligation• Only New Vehicles Still Within Manufacturers Original Written

Warranty • No Commercial Vehicle Coverage• Excludes Motor Homes, Motorcycles, Vehicles Capable of

Carrying 10+


LEMON LAWS

LEMON LAWS (cont.)• Must Conform to Warranty Within 1 Year of Delivery• “If cannot be repaired after a reasonable number of

attempts and defect substantially impairs use and market value…”

• Manufacturer Must Replace or Refund Purchase Price


LEMON LAWS (cont.)• Written Notice to Manufacturer Required• Written Disclosure to Subsequent Purchaser


• Salvage – Cost of Repair Exceeds Value– Excludes Vehicles 6 years or Older (At Time of Damage)

• Salvage Status Must be Disclosed to Buyer– Buyer is Entitled to a Full Refund if Not– Knowledge not Relevant

• Salvage Status Must be

Noted on Title– Branded on Door Also

• States vary• See NMVTIS Map For

status of all states


SALVAGE VEHICLES

• Defined by Law– New: Transferred from Manufacturer to Dealer for the First

Time• Demo < 1,500 mi (must be demo use only)

– Used: Not New • Illegal to Represent Used Vehicle as New

– Includes Advertisements

• Best practice – a Failed Spot Delivery Converts a “New” Vehicle to “Used”

• Check the Correct Box in RISC


NEW vs. USED

• Legally Allowed, But:– CANNOT Sell Trade-In Before Approval

• Deceptive Trade Practice– NEVER “Guarantee” Financing IN ANY WAY

• “With your credit score, financing will be no problem at all"

• 10-Day Notification if Financing Not Approved– Not Business Days– Best Practice – In Writing– Best Practice – Notify Customer if the Lender Has not

Funded for Any Reason


SPOT DELIVERY

• Required Disclosure– Bailment Charges

• Take steps to minimize

– Must Negotiate Alternatives

• Re-Contracting: DO NOT PRE-DATE THE CONTRACT– Best practice is to re-sign ALL documents, disclosures, etc.

• Retain Deposits to Cover Charges– Must be in Disclosure– Only if no “Guarantee” of Financing

• Follow the Same Practices for Leases


SPOT DELIVERY (cont.)

• DR 2434 Disclosure Form– RISC– Seller can Cancel– No Guarantee of Financing– Bailment– 10-Day Notice

Requirement – DO NOT SELL TRADE!


SPOT DELIVERY (cont.)

• Purchased from County• Monitored by State and Law Enforcement• Key Requirements

– Dealer Completes• Errors void the permit; Dealers Can Correct Re-Issue Mistakes

– 60-day Duration (see specific guidance on end-dates)– Dealer Stubs to State, Customer and Dealer– Placed in Rear of Vehicle in Readable Location– May Only be Used for Operable Vehicles

• Report Lost or Stolen Permits • If Lost, Stolen or Damaged After Issued, Customer

Must Go to the County for Re-Issue


TEMPORARY PERMITS

• Transfer of Franchise Ownership or Change of Management– No Unreasonable Denial– 20 Days to Confirm Receipt of Notice/Ask for Information– 60 Days to Decide– Cannot Condition on Site Control, Renovation

• Protection from Exclusivity Requirement• Manufacturer Must Make All Models Available to All

Dealers• Equal Treatment on Incentives, Bonuses and

Rebates


FRANCHISE LAW

• Protection from Required Facility Upgrades• Protection for Relocation Requests• Manufacturers Are Prohibited from Owning

Franchises• Reimbursement for Right of First Refusal• Protection from

Unreasonable

Export Charge Backs• Termination of a

Franchise – “Just Cause”


FRANCHISE LAW (cont.)

• Goal – To Protect Competition in Financing– No Single Source Financing Agreement– No Side-Deals that Reduce Competition– Dealers Must be Free to Offer Financing from Multiple

Sources

• For a Violation– Possible Crime– Double Damages– Void Contract


FINANCE – ANTI-MONOPOLOY LAW

• “Insurance” – One Party Takes Risk For Payment • Must be Licensed to Sell Insurance With Vehicle • Individual License

– Pre-license education and continuing education

• Agency License– Nominate responsible person– Responsible person must be licensed


INSURANCE (SELLING)

• Must Be Insured • Service Contract Must State

– Insurer Will Pay if “Provider” Does Not– Contact Information for Insurer

• Manufacturer Warranties Excluded• Penalties

– Attorney Fees– Triple Damages– MVDB Enforcement


SERVICE CONTRACTS / VSC / EXTENDED WARRANTIES

• Prevents Loss from a Specific Cause– Etch, Theft Registration, Tire Protection Programs

• Colorado Vehicle Protection Products Act • Contract Requirements

– Identity of all Parties– Guaranteed by Insurance Policy– Customer may Claim against Insurer– Disclosure that Product is not Insurance

• Not Insurance – Exempt from Insurance Laws and Regulations

• Consumer Suits Possible if Products Are Not Disclosed


VEHICLE PROTECTION PRODUCTS

• Dealer’s Obligation • Secure and Verifiable ID (SVID) Required for Title

– Dealers Must Provide ID Verification– Only Certain Forms of ID Acceptable

• Temporary Permits– Obtain Proof Vehicle Sold to Person on Permit– Vehicles Going out of State Excepted

• Third-Party Lender Agreements Require Verification• Different than “Evidence of Lawful Presence”

(licensing)• Federal issues: Red Flags Rule / OFAC


ID CHECKING / ID THEFT

LICENSING (SALESPERSON AND DEALERS)

• License Required• Dealer License

– Three or More Vehicles– Background Check– Financial Condition– Bond - $50,000– Principal Place of Business– Used Dealer License is Similar

• Additional Place of Business• Name/Ownership Change – Notice required• Change of Entity – New license required


LICENSING (SALESPERSON AND DEALERS)

• Salesperson License– Employed by Dealer– Background Check– Mastery Examination– Bond - $15,000

• Dealers as Brokers• Wholesale Dealer• Powersports Dealer• Buyer’s Agent


• Permit to Sell Away from Dealership– Not for “Display” only Events

• Key Requirements– Request Permit in Writing before Event– Post Permit at Sale– 6-Day Maximum– No Consecutive Permits


OFF PREMISE PERMITS

• Violations of Law by Dealers or Salespersons– Auto Industry Division – primary enforcement agency – Motor Vehicle Dealer Board – final decision maker

• Procedure– Complaint (consumer, another dealer, salesperson, audit)– AID conducts an initial investigation and findings

• AID can settle the matter• MVDB can review any case (pattern of violations, willful violations,

danger to public)

– Final decision• Penalties and fines (punitive, increase for successive violations)

– Appeal

• Latest Compliance Inspection Checklist in Guide


INVESTIGATIONS / DISCIPLINARY ACTIONS

• License Denial, Suspension or Revocation– Material Misstatement in Application– Fraud– Failure to Maintain Bond– Misleading Advertising– Selling Unsafe Vehicle

• Violations that Apply to Dealer Licensees Only– Failure to Perform Agreements– Misrepresenting Material Facts to Customer– No Principal Place of Business– No Notice of Rejection of Purchase

• Violations that Apply to Salesperson Licensees Only– Selling Without a License– Improperly Using or Withholding a Customer’s Money


INVESTIGATIONS / DISCIPLINARY ACTIONS (cont.)

• Generally Allowed– No Specific law, Regulation or Guideline

• Gray Area for Licensing• Licensed “Buyers Agents” Cannot be Paid Referral

Fees


REFERRAL FEES

• No Selling on Sundays– Applies to Motor Vehicles– Applies to Every Person– Applies to Selling, Negotiating and Offering to Sell

• Excludes Boats, Snowmobiles, and Agricultural Equipment

• Excludes Repair or Towing Services


SUNDAY SALES

• Motor Vehicle Repair Act– Ensure Customers Informed and Consent Before Repair

Work

• Customer Authorization for Repairs / Work Order– Total Cost of Repair– Completion Date– SIGNED– Exceptions

• Waiver Language


REPAIRS / SERVICE (MVRA)

• Oral Consent1. Date Given

2. Time

3. Manner of Consent (Telephone or Otherwise)

4. Name of Service Advisor

5. Total Amount of Estimate

6. Expected Completion Date

7. Name of Person Giving Consent


REPAIRS / SERVICE (MVRA) (cont.)

• Disassembly• Completion Dates• Storage – Requires a Separate Written Contract –

Storage Limitation



• Invoice1. Customer’s Name and Address

2. Year, Make, Model, Odometer, Start Date and License Number

3. Date Brought In

4. Itemization of All Parts

5. All Labor Charges – Including Name of Mechanic

6. Stages – Separate Mechanics

7. Itemized Statement of Charges

8. Identification of Sublet Repairs

9. Initials of Person Completing



• Disclosure Required on Sale and Service– Disclose Discrepancy

• Tampering/Fraud Is a Serious Offense– Dealer and Salesperson Cannot Renew License

• Legitimate Repair– Set to Zero– Written Notice Attached to

Vehicle


ODOMETER

• Repair Shops Have a Lien– But Must Keep Vehicle

• Twelve-Day Repossession for Non-Payment– Sample Letters in Guide

• Foreclosure– Must have Possession– 30 Days After Bill was Due– File Lawsuit– 90-Day Limit

• Recommended Notices • Best Practices

– Get Customer’s Address– Have Owner’s Information– Accurate Description of Vehicle– Repossess Vehicle Peacefully or not at All


MECHANICS AND STORAGE LIEN

• Abandonment of a Vehicle is a Crime

• Vehicle Presumed Abandoned– Left Unattended or Unmoved 7 or More Days or– License Plate/VIN Removed– Vehicle Damage Exceeds Value (Salvage)– Owner Contacted by Law Enforcement to Remove and

Fails to Do So Within 3 Days


ABANDONED VEHICLES

• Repair Shop Abandonment– Vehicle Left at Repair by Owner and – Repair Shop Offered to Repair and Offered an Estimate

and – Owner Refused to Allow Repair, Refused to Remove the

Vehicle Or Refused to Pay for Authorized Repairs and – Vehicle Not Subject to Sale Agreement

• Must Meet all 4


ABANDONED VEHICLES (cont.)

ABANDONED VEHICLES (cont.)• To Satisfy 3rd Requirement

– Send Certified Letter to Owner, Include Copy of Repair Order– If No Response Within 10 Working Days of Postmark Date,

Vehicle is Considered Abandoned


ABANDONED VEHICLES (cont.)• Current Regulation Includes a $2,000 Limit

– HOWEVER, state confirmed no basis in statute; will remove

• If Value Less Than $200 – Scrap• Procedures DR 2542 Checklist

– Establish Value – 15-30 days– Certify VIN– Request Title Search– Notify Owner and Lienholders– Bond 2x– Wait 30 Days – File Statement with DMV

• Records Must Be Kept 3 Years!


• Generally– Regulates Transactions with Consumers – Limits Finance Charges / Sets Maximums– Applies to Products Used for Personal or Household

Purposes • Annual Notice Filing - Jan. 31st

– Penalty is $5/day after March 1st

• Allowable “Additional Charges”– Not included in Finance Charge

– Fees, Taxes, Insurance Charges, Etc.


CONSUMER CREDIT CODE

• Written Contract Required– Even if Deal Re-Done– Disclose Information About Financing (APR, Financing

Charge, Etc.)– Insurance Disclosure

• Buyer’s Right to Cancel “Home Solicitation Sale” • Notice of Default and Right to Cure Required • No “Unconscionable” Conduct

– Taking Advantage


CONSUMER CREDIT CODE (cont.)

• Required disclosure:

THIS CONTRACT DOES NOT PROVIDE FOR AUTOMOBILELIABILITY INSURANCE, AND SAID BUYER ALSO STATESTHAT HE OR SHE HAS / DOES NOT HAVE (strike the words not applicable) IN EFFECT AN AUTOMOBILE LIABILITY POLICY AS DEFINED IN SECTION 42-7-103(2), COLORADO REVISED STATUES, ON THE MOTOR VEHICLE SOLD BY THIS CONTRACT.

IMPORTANT! Make sure that the appropriate inapplicable words are stricken from the statement provided above.


CONSUMER CREDIT CODE (cont.)

• Dealers not Legally Required to Confirm Customer has Insurance

• Consumer Credit Transaction– Disclose that Dealer is not Providing Insurance

– Have Customer Indicate Whether they have Insurance • Best practice - Verify Insurance

– Failure may Be a Breach of Lender Agreements– Prevent Third-Party Claims Against Dealer if Customer

Causes Accident


INSURANCE VERIFICATION

• Debt Cancellation or Insurance?– Typically a Debt-Cancellation Contract (Lender Waives

Amount Due after Loss)– Insurance (Insurer Pays-Off Amount Due After Loss)

• Maximum Charges– GAP Fee may not Exceed $300 or 2% of the Amount

Financed, Whichever is Higher (UCCC Rules)


GUARANTEED AUTOMOBILE PROTECTION (GAP)

• Requirements– Leases are Excluded– Allows GAP to Be Sold for an “Additional Fee”– Disclosure

• GAP not Required, may Cancel, Fee– Contract Provision– Separate Cancellation Agreement

• Provide Customer with Policy and Terms• Refunds – if Loan is Prepaid or on Repossession


GUARANTEED AUTOMOBILE PROTECTION (GAP) (cont.)

•TRUNCATION!!!–Federal and state laws

• Know your lender restrictions• No surcharges (UCCC)


CREDIT CARDS

• Sale of Vehicle on Behalf of Owner• Need a Written Agreement• Owner May Be Required to Deliver Title Even if

Not Paid• ISSUES TO CONSIDER


CONSIGNMENT

EQUIPMENT• Dealers have a Statutory Obligation to Sell Vehicles

with Certain Equipment• Proper Condition and Adjustment• Safety Inspection• Tow Away, Not to Be Driven


EQUIPMENT (cont.)Equipment Certification

• TV Screens• 2 Head Lamps• 2 Tail Lamps• License Plate Lamp• Rear Reflectors• Brake Lights• Turn Signals

• Functioning Beam Indicator

• Working Brakes• Horn• Rear View Mirror• Wipers


• State and Federal Laws• Statute of Limitations for Potential Lawsuits• Record Retention Guidance from Heider, Tanner

and Dirks


RECORD RETENTION

• Dealers Collect Sales/ Use Tax– State and Local Taxes

• Tax Rate Depends on Place of Registration / Statute– Residence for Private Customer– Where “Principally Operated” for Business – Except: Where “permanently maintained” in some cases

• Self-Collected Home Rule Cities (DR 1002)– Set Their Own Rules and Can Change Any Time

• Collect Sales Tax Where Dealer and Customer Share Location

• Tax Discrepancies Do Not Change the Lien Perfection Date– No Title Issued Until ALL Taxes Collected


TAXES – SALES AND USE

• Resources for Tax Rates – State and Private Co’s– IDS from State, not certified (also has license databases)– Hold Harmless Provisions - Document Database lookup

• One Applies to Certified Databases / Rates and Jurisdictions• One Applies to Address Provided by Consumer

• No Sales Tax if Vehicle Removed from Colorado Within 30 Days (State Affidavit Form DR 0780)


TAXES – SALES AND USE (cont.)

• Full-Use Dealer Plates– Many Purposes, “Legitimate business interest”– Owners or Employees of the Dealership– Inventory and Sales Requirements– Not on vehicles with large dealership advertisements (rule)

• Dealer Demo Plates– Only for Prospective Buyer Demonstration or By Dealership

Employee During Normal Business Hours– Overnight Allowed: 7-day Maximum / Authorization Letter

• Depot Plates– Moving Vehicle for Repair

• In-Transit Plates– From Purchase to Storage or Storage to Point-of-Sale


PLATES

• Limited topics covered in Guide– Specialized and technical area of compliance– Complex Mix Federal (EPA) and State Laws

• Two Areas Covered in Guide After Recent State Changes – Oil – Aboveground Storage Tanks– Tires – Waste

• KPA – CADA’s Endorsed Provider for assistance– www.kpaonline.com


Environmental, Health & Safety

http://www.kpaonline.com/

• CO Division of Oil & Public Safety• Key requirements:

– Registration of all ASTs of 660 gallons or more– Ullage Logs (to prevent over-filling)

• New Exception if Tank Has Audible Alarm or Device to Prevent Overfilling (as of April 14, 2011)

– Monthly Inspections

• KPA Guidance– More Details on AST requirements in Guide


Oil- Aboveground Storage Tanks

• Not Suitable for Use on a Vehicle– Includes Motorcycles

• Dealers Must– Register as a Retailer that Generates Waste Tires– Display a Decal / Certificate– Only Use a Registered Hauler to Transport Waste Tires

• Waste Tire Recycling Fee Collection– On Sales of NEW Tires– Disclose Fee on Invoice

(Specific Language)


TIRES - WASTE

• Program Areas – Two Distinct program areas– Gasoline Testing Area

(Boulder, Broomfield, Denver, Douglas, Jefferson (All); Adams, Arapahoe,

Larimer, Weld (parts)– Diesel Testing Area (Above plus El Paso; boundaries may vary)

• Emission Exempt Stickers (4-year)– New vehicles– Replacement allowed – with record-Keeping Requirements

• Resale: Emission Testing Voucher or Test Must Be Provided– If less than 12 months remaining on 4-year exemption; from Jan. 1st of original

model year

• Cost Can Be Passed to Customers• Retain Proof of Test or Voucher• Vehicles that FAIL Emissions

– Timing; Repair or Unwind


EMISSIONS

• CADA Members Have Membership in MSEC:– Mountain States Employers Council (MSEC)– Call to obtain ID/password to web site

• DOL / KPA – Colorado Labor Laws Guide 2011

• KPA / HotlinkHR – Online HR Compliance Software and Services

• Wells Fargo Insurance Services– Workers compensation Program / Pinnacol Assurance


Employment / Labor

• Employment-At-Will• Wages (Colorado Wage Act)

– “Show-up” Time – Not Required– Colorado Minimum Wage - $7.36 (Only Certain Jobs)

• Overtime (40 Hour Week, 12 Hour Day)– Exemptions

• Pay Periods – 30 Days or Less• Pay Statements Required• Deductions from Pay• Vacation/Leave Pay – No State Requirements• Termination – Wages Due Immediately • Employment Verification Law


Employment / Labor

• Objective Is the Return of Unclaimed Property– Office of the State Treasurer, Unclaimed Property– Unclaimed Property Held in Trust– Not Motor Vehicles

• Dealers Must– Attempt to Identify, Reach Owners– Turn Unclaimed Property over to State– Report Unclaimed Property to State

• Any Money Due is Covered– Credit Balances, Refunds, Referral Fees

• The State May Audit • Retain Records for 5 Years


UNCLAIMED PROPERTY

Thank You!

Contact: Tammi McCoy, CADA

Michael Dommermuth, MDSS

Compliance Guide Presentation Full Guide V6 7 12 2011 Session Re Sort

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Transcript of Compliance Guide Presentation Full Guide V6 7 12 2011 Session Re Sort