49-1608. LICENSE BOND. (1) Before any dealer’s license shall be issued by the department to any applicant, the applicant shall procure and file with the department good and sufficient bond in the amount shown, conditioned that the applicant shall not practice any fraud, make any fraudulent representation or violate any of the provisions of this chapter, rules of the department, or the provisions of chapter 5, title 49, section 49-1418, or chapter 6, title 48, Idaho Code, or federal motor vehicle safety standards, or odometer fraud in the conduct of the business for which he is licensed.

(a) A dealer exclusively in the business of motorcycle, motor-driven cycle and motorbike sales, all-terrain vehicles, utility type vehicles, truck campers and snow machine sales, ten thousand dollars ($10,000).

(b) Any wholesale dealer in the business of wholesaling used vehicles of all types, forty thousand dollars ($40,000). Such wholesale dealer licensees shall be exempt from participating in the Idaho consumer asset recovery fund as provided in sections 49-1608B through 49-1608F, Idaho Code.

(c) All other dealers, twenty thousand dollars ($20,000).

(2) The bond required in this section may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the amounts set forth in this section. The bond shall be in the following form:

(a) A corporate surety bond, by a surety licensed to do business in this state; or

(b) A certificate of deposit, in a form prescribed by the director; or

(c) A cash deposit with the director.

(3) If a bond is canceled or otherwise becomes invalid, upon receiving notice of the cancellation or invalidity, the department shall immediately suspend the dealer’s license and take possession of the license itself, all vehicle plates used in the business and all unused title applications of the licensee. The licensee is entitled to a hearing which shall be held within twenty (20) days of the suspension. Upon receiving notice that a valid bond is in force, the department shall immediately reinstate the license.

(4) The bond requirements of this section shall be satisfied if the applicant is a duly licensed manufactured home dealer in accordance with chapter 21, title 44, Idaho Code, and the bond required by section 44-2103, Idaho Code, otherwise meets the requirements of this section. The amount of the bond shall be in the amount as required in this section or that required in section 44-2103, Idaho Code, whichever is greater. The applicant shall furnish a certified copy of the bond as required in section 44-2103, Idaho Code, to the department.

History:

[(49-1608) 49-2409, added 1978, ch. 243, sec. 5, p. 530; am. 1979, ch. 187, sec. 2, p. 548; am. 1982, ch. 95, sec. 112, p. 257; am. 1985, ch. 117, sec. 11, p. 260; am. 1987, ch. 109, sec. 1, p. 221; am. 1988, ch. 140, sec. 1, p. 253; am. and redesig. 1988, ch. 265, sec. 381, p. 766; am. 1989, ch. 310, sec. 28, p. 800; am. 1990, ch. 152, sec. 1, p. 337; am. 1991, ch. 272, sec. 10, p. 699; am. 2006, ch. 42, sec. 7, p. 129; am. 2008, ch. 106, sec. 5, p. 301; am. 2008, ch. 198, sec. 8, p. 643; am. 2015, ch. 53, sec. 1, p. 125.]