Department of State Division of Publications

For Department of State Use Only

312 Rosa L. Parks Avenue , 8th Floor Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publications.information@tn.gov

Proposed Rule(s) Filing Form

Sequence Number:

Rule ID(s):

File Date:

Effective Date:

09-D<l-1'1

'ill,,,.., 11[30/17

Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State.

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or tee increases that are promulgated as emergency rules pursuant to § 4-5-20B(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

- -·· .. - ~

: Agency/Board/Commission: · Tennessee Motor Vehicle Commission ' .. .. . .. .. Divisio.n: Department of Commerce and Insurance Regu latory Boards Division

Contact Person: El izabeth Goldstein Address: 500 James Robertson Parkway, Nashville, TN

...... Zip: 37243 Phone: 615-532-6304

-· ·- ·· ·-·

Email: Elizabeth .Goldstein@tn gov

Revision Type (check all that apply): X Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed , copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new ru le and repealed rule numbers are listed in the chart below. Please enter only ONE Ru le Number/Rule Title per row)

SS-7038 (June 2016) RDA 1693

Amendments

Chapter 0960-01 General Rules Amendments

Rule 0960-01 -. 11 Inspection of Business Records is amended by adding new paragraph (4), so that, as amended, new paragraph (4) shall read:

(4) All motor vehicle dealers or recreational vehicle dealers who are operating an additional business at the dealership in accordance with T.C.A. § 55-17-129 or T.C.A. § 55-17-416, as applicable, shall, upon written request by the Commission, or its agent:

(a) Within fifteen (15) days of receipt of the written request, provide certification to the Commission, or its agents, certifying that the space used by the motor vehicle dealer or recreational vehicle dealer, and the space used by the additional business, are in compliance with T. C.A. § 55-17-129 or T. C.A. § 55-17-416, as applicable. This certification shall be completed on a form approved by the Commission, if any such form exists at the time of request.

(b) Within thirty (30) days of receipt of the written request, provide certification to the Commission, or its agents, certifying that the gross income of the motor vehicle dealer or recreational vehicle dealer, and the gross income of the additional business, are in compliance with T.C.A. § 55-17-129 or T.C.A. § 55-17-416, as applicable. The certification shall be completed on a form approved by the Commission, if any such form exists at the time of request. In addition to the certification, the motor vehicle dealer or recreational vehicle dealer shall provide proof, satisfactory to the Commission, of the claimed gross income of the dealership, and income of the additional business. This may include, but is not limited to, past financial statements, current financial statements, and CPA audits.

(c) The Commission may discipline a licensee, up to and including suspension or revocation , for a licensee's failure to comply with subparagraphs (a) and (b) above.

Authority: T.C.A. §§ 55-17-107, 55-17-129, and 55-17-416.

SS-7038 (June 2016) 2 RDA 1693

* If a roll -call vote was necessary, the vote by the Ag ency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required )

Eddie Roberts X Stan Norton X Ian Leavy X Nathaniel Jackson X Don Parr X Stephen Tomaso X Karl Kramer X 8. Joe Clayton X Ronald Fox X Kahren White X Chris Lee X Reed Trickett X Jim Galvin Jr. X John S. Murrey X Debbie Melton X Farrar Schaeffer X Vauqhan Victor Evans X

I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Tennessee Motor Vehicle Commission on 4/24/2017 and is in compliance with the provisions of T.C.A. § 4-5-222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with th e Secretary of State.

,,,,1111111111,,l ~,,i\>-~UNTsii,J~~Jl

Date: ~ { l\ { 01) \ ~ Signature. f!z4jJ ~~-

Name of Officer. ~ t~ C--

~~ ·······••.;;-r,i., ~ ~~_..- of •••• " T itle of Officer. _A...:...s..:...si-'-st-'-'-a..:...n..:...t _G_e_n_er __ a_l __ C_;_o_u_ns-'-e'--I __________ _

I:::. f s1~1isse.e. \ \ ~ : 1E~~1"f)-~'l : i :1 \ \ \ ~~us\.\C / j ~ ubscribed and sworn to before me on 10 \ \B ~ •• ~-ii::'~ h:nm ~ ••••• ••••• ~ \V ~11,. ~EF,.C "/\,,,~r::,~ Notary Public Signature. :A/)f 'XY) ..,r ~!_l,1111111111\'\~~ \ \

""11/11/SS!~'c~ My commission expires on :\,_,\ '--'--""S,c__e..\ ...;:__3,Sooe...,,,,,::....\-'--1----"---------

SS-7038 (June 2016) 3 RDA 1693

Rules of the Tennessee Motor Vehicle Commission 0960-01-11 Inspection of Business Records

All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

SS-7038 (June 2016)

~/N,tJ,r ~ rb&~idy 111 Attorney General and Reporter

f / ~ /J-(t) 17 T I Date

Filed with the Department of State on: _____ q~/i_J_l']~------Effective on :

4

III/1'.Z ~ TreHargett

Secretary of State

(J)

i'Ti C)

"""'fj~

-..... :: fT i

RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process , all agencies shall conduct a review of whether a proposed rule or rule affects small business.

(1) The type or types of smal l business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule.

There are approximately 3,700 licensed motor vehicle and recreationa l vehicle dealers in Tennessee that wi ll be substantially impacted by these ru les.

For the new record keeping req ui rements there is an expected nominal cost for these dealers to implement new, if any, record keeping techn iques as the statute currently requ ires such. However, this ru le is necessary for the implementation and enforcement of T. C.A. §§ 55-17-129 and -416, al lowing dealerships to maintain a separate , unrelated business at the dealership location within specified physical area and income parameters.

(2) The pro jected reporting. recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skil ls necessary for preparation of the report or record.

Reporting, recordkeeping or other administrative costs are expected in order to comply with any Commission req uest for certification of compliance with T. C.A. §§ 55-17-129 and -416. The ru le wi ll assist inspectors in performing the ir annual inspections to ensure compl iance. These ru les shou ld not require any new professiona l ski lls necessary for preparation of the records other than basic business profit and losses tracking .

(3) A statement of the probable effect on impacted small businesses and consumers.

There is no expected impact on small businesses or consumers who do not elect to operate an additional business at its dealership location. Any impact on small businesses choosing to operate an additional business is requ ired in order to effective ly enforce T.C.A. § 55-17-129 and -416. This rule enhances consumer protection by enforcing the current requ irement that dea lers' primary business is that of sell ing motor or recreationa l veh ic les.

(4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed ru le that may exist, and to what extent the alternative means might be less burdensome to small business.

The Commission crafted this ru le in a less burdensome way in that any dea ler electing to maintain an ancillary business will on ly have to show compliance with the ru les regard ing gross income when specifical ly requested by the Commission to do so.

(5) A compari son of the proposed ru le with any federa l or state counterparts.

There are no known federal or state counterparts to these rules.

(6) Ana lys is of the effect of the possible exemption of small businesses from all or any part of the requ irements contained in the proposed rule.

Exemption from these rules would render enforcement of these provisions unattainable.

SS-7038 (June 2016) 5 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulatiol"] may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn. us/sos/acts/106/pub/pc1070. pdf) of the 2010 Session of the General Assembly)

This rule will not have a projected impact on local governments.

SS-7038 (June 2016) 6 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule , must also submit the fo llowing pursuant to T.C.A. § 4-5-226(i)(1)

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

This rule will require motor vehicle and recreational vehicle dealers to provide information showing compliance with newly enacted statutes T. C.A. §§ 55-17-129 and -416 allowing additional businesses. These new sections allow for additional businesses up to a certain amount of combined gross income of the dealership. This new rule allows the Commission to require information from dealers showing compliance in order to effectively enforce the new statutes.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I This rule is not mandated by any federal or state law or regulation.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

All motor vehicle dealers and recreational vehicle dealers who operate an additional business from their dealershi location will be affected b the recordkee in rules.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule;

I There are no known attorney general opinions or judicial rulings that directly relate to this rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000) , whichever is less;

This rule is not estimated to have a probable increase or decrease in state and local government revenue and expenditures.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Elizabeth Goldstein - Assistant General Counsel TN Department of Commerce and Insurance

Paula Shaw - Executive Director TN Motor Vehicle Commission TN Department of Commerce and Insurance

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Elizabeth Goldstein - Assistant General Counsel TN Department of Commerce and Insurance

Paula Shaw - Executive Director TN Motor Vehicle Commission TN Department of Commerce and Insurance SS-7038 (June 2016) 7 RDA 1693

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Elizabeth Goldstein 500 James Robertson Parkway Nashville, TN 37243 615-532-6304 Elizabeth.Goldstein@tn.gov

Paula Shaw 500 James Robertson Parkway Nashville, TN 37243 615-253-1312 Paula.j.shaw@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

None.

SS-7038 (June 2016) 8 RDA 1693

Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor SnodgrassfTN Tower Nashville, TN 37243

For Department of State Use Only

Sequence Number:

Phone: 615-741-2650 Email: publications.information@tn.gov

Rule ID(s):

File Date:

Effective Date:

Proposed Rule(s) Filing Form - REDLINE Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State.

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to§ 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

Age11cy/_Board/Commission: Tennessee Motor Vehicle Commission Division:

Contact Person: Department of Commerce and Insurance Regulatory Boards Division Elizabeth Goldstein

Address: Zip:

Phone: Email:

500 James Robertson Parkway, Nashvill.f3, TN 37243 615-532-6304 Elizabeth.Goldstein@tn.gov

Revision Type (check all that apply): X Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number Chapter Title 0960-01 General Rules Rule Number Rule Title 0960-01-.11 Inspection of Business Records

SS-7038 (June 2016) RDA 1693

Amendments

Chapter 0960-01 General Rules Amendments

Rule 0960-01-.11 Inspection of Business Records is amended by adding new paragraph (4), so that, as amended, new paragraph (4) shall read :

(4) All motor vehicle dealers or recreational vehicle dealers who are operating an additional business at the dealership in accordance with T. C.A. § 55-17-129 or T.C.A. § 55-17-416, as applicable, shall, upon written request by the Commission , or its agent:

(a)

(b)

(c)

Within fifteen (15) days of receipt of the written req uest, provide certification to the Commission, or its agents, certifying that the space used by the motor vehicle dealer or recreational vehicle dealer, and the space used by the additional business, are in compliance with T.C.A. § 55-17-129 or T.C.A. § 55-17-416, as applicable. This certification shall be completed on a form approved by the Commission , if any such form exists at the time of request.

Within thirty (30) days of receipt of the written request, provide certification to the Commission , or its agents, certifying that the gross income of the motor vehicle dealer or recreational vehicle dealer, and the gross income of the additional business, are in compliance with T.C.A. § 55-17-129 or T.C.A. § 55-17-416, as applicable . The certification shall be completed on a form approved by the Commission, if any such form exists at the time of request. In addition to the certification , the motor vehicle dealer or recreational vehicle dealer shall provide proof, satisfactory to the Commission, of the claimed gross income of the dealership, and income of the additional business. This may include, but is not limited to, past financial statements, current financial statements, and CPA audits.

The Commission may discipline a licensee, up to and including suspension or revocation, for a licensee's fa ilure to comply with subparagraphs (a) and (b) above.

Authority: T.C.A. §§ 55-17-107, 55-17-129, and 55-17-416.

SS-7038 (June 2016) 2 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Eddie Roberts X Stan Norton X Ian Leavy X Nathaniel Jackson X Don Parr X Stephen Tomaso X Karl Kramer X B. Joe Clayton X Ronald Fox X Kahren White X Chris Lee X Reed Trickett X Jim Galvin Jr. X John S. Murrey X Debbie Melton X Farrar Schaeffer X Vaughan Victor Evans X

I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Tennessee Motor Vehicle Commission on 4/24/2017 and is in compliance with the provisions of T.C.A. § 4-5-222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.

Date: ---------------------

Signature:

Name of Officer: Elizabeth Goldstein

Title of Officer: Assistant General Counsel

Subscribed and sworn to before me on: ------------------

Notary Public Signature:

My commission expires on: ------------------

SS-7038 (June 2016) 3 RDA 1693

Rules of the Tennessee Motor Vehicle Commission 0960-01 -. 11 Inspection of Business Records

All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

Filed with the Department of State on:

Effective on:

SS-7038 (June 2016) 4

Herbert H. Slatery Ill Attorney General and Reporter

Date

---------------

Tre Hargett Secretary of State

RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

(1) The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule.

There are approximately 3,700 licensed motor vehicle and recreational vehicle dealers in Tennessee that will be substantially impacted by these rules.

For the new record keeping requirements there is an expected nominal cost for these dealers to implement new, if any, recordkeeping techniques as the statute currently requires such. However, this rule is necessary for the implementation and enforcement of T.C.A. §§ 55-17-129 and -416 , allowing dealerships to maintain a separate, unrelated business at the dealership location within specified physical area and income parameters.

(2) The projected reporting , recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record .

Reporting , recordkeeping or other administrative costs are expected in order to comply with any Commission request for certification of compliance with T.C.A. §§ 55-17-129 and -416. The rule will assist inspectors in performing their annual inspections to ensure compliance. These rules should not require any new professional skills necessary for preparation of the records other than basic business profit and losses tracking.

(3) A statement of the probable effect on impacted small businesses and consumers.

There is no expected impact on small businesses or consumers who do not elect to operate an additional business at its dealership location. Any impact on small businesses choosing to operate an additional business is required in order to effectively enforce T.C.A. § 55-17-129 and -416. This rule enhances consumer protection by enforcing the current requirement that dealers' primary business is that of selling motor or recreational vehicles.

(4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business.

The Commission crafted this rule in a less burdensome way in that any dealer electing to maintain an ancillary business will only have to show compliance with the rules regarding gross income when specifically requested by the Commission to do so.

(5) A comparison of the proposed rule with any federal or state counterparts.

There are no known federal or state counterparts to these rules.

(6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule.

Exemption from these rules would render enforcement of these provisions unattainable.

SS-7038 (June 2016) 5 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

This rule will not have a projected impact on local governments.

SS-7038 (June 2016) 6 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

This rule will require motor vehicle and recreational vehicle dealers to provide information showing compliance with newly enacted statutes T.C.A. §§ 55-17-129 and -416 allowing additional businesses. These new sections allow for additional businesses up to a certain amount of combined gross income of the dealership. This new rule allows the Commission to require information from dealers showing compliance in order to effectively enforce the new statutes.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I This rule is not mandated by any federal or state law or regulation.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

All motor vehicle dealers and recreational vehicle dealers who operate an additional business from their dealershi location will be affected b the recordkee in rules.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule;

I There are no known attorney general opinions or judicial rulings that directly relate to this rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

This rule is not estimated to have a probable increase or decrease in state and local government revenue and expenditures.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Elizabeth Goldstein - Assistant General Counsel TN Department of Commerce and Insurance

Paula Shaw - Executive Director TN Motor Vehicle Commission TN Department of Commerce and Insurance

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Elizabeth Goldstein - Assistant General Counsel TN Department of Commerce and Insurance

Paula Shaw - Executive Director TN Motor Vehicle Commission TN Department of Commerce and Insurance SS-7038 (June 2016) 7 RDA 1693

" I

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Elizabeth Goldstein 500 James Robertson Parkway Nashville, TN 37243 615-532-6304 Elizabeth.Goldstein@tn .gov

Paula Shaw 500 James Robertson Parkway Nashville, TN 37243 615-253-1312 Paula.i.shawl@tn.qov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

None.

SS-7038 (June 2016) 8 RDA 1693