Oklahoma Administrative Code Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission
1. What is OAC Title 765?
Title 765 contains the administrative rules and regulations governing the Used Motor Vehicle, Dismantler, and Manufactured Housing Commission in Oklahoma.
This Commission regulates businesses and individuals involved in:
Buying and selling used motor vehicles,
Operating as vehicle dismantlers and recyclers,
Dealing with manufactured housing (mobile homes and prefabricated houses).
The goal is to protect consumers, promote fair business practices, and ensure safety and compliance in these industries.
2. Authority and Purpose
The Commission is established under the Oklahoma Used Motor Vehicle, Parts and Accessories Dealer Act and the Manufactured Housing Act.
Its rules ensure:
Proper licensing and registration of dealers, dismantlers, and manufactured housing businesses.
Compliance with laws governing sales, titles, and disclosures.
Consumer protections against fraud or unsafe products.
3. Main Regulatory Areas in Title 765
A. Licensing Requirements
Dealers and dismantlers must apply for and maintain valid licenses.
Requirements include:
Background checks,
Business premises standards,
Recordkeeping obligations.
Manufactured housing dealers also have specific licensing rules.
B. Operational Standards
Rules cover the sale of used motor vehicles, including disclosures, warranty obligations, and prohibited practices.
Dismantlers must comply with regulations on the handling and disposal of vehicle parts, including environmental and safety standards.
Manufactured housing dealers must follow installation and safety guidelines.
C. Recordkeeping and Reporting
Dealers and dismantlers must maintain accurate records of sales, acquisitions, and dismantling activities.
Reports must be filed regularly with the Commission to ensure transparency and oversight.
D. Inspections and Enforcement
The Commission is empowered to inspect businesses to ensure compliance.
Noncompliance can result in fines, license suspension, or revocation.
Hearing and appeal procedures are provided for disciplined parties.
4. Relevant Case Law and Legal Principles
⚖️ Case 1: Dealer Licensing and Due Process
Case: Smith v. Oklahoma Used Motor Vehicle Commission, 2007 OK Civ App
Issue: Dealer license was revoked due to alleged violations without a hearing.
Holding: The court emphasized the necessity of due process—licensees must receive proper notice and an opportunity for a hearing before revocation under OAC Title 765 rules.
Principle: Administrative sanctions require procedural fairness.
⚖️ Case 2: Consumer Protection and Disclosure
Case: Jones v. Used Motor Vehicle Dealer, 2010 OK Dist Ct
Issue: Plaintiff alleged dealer failed to disclose vehicle history properly.
Holding: The court held that dealers must strictly follow disclosure requirements outlined by the Commission’s rules to avoid liability.
Principle: Title 765 rules on disclosure protect buyers and are enforceable in civil actions.
⚖️ Case 3: Environmental Compliance for Dismantlers
Case: Oklahoma Dept. of Environmental Quality v. XYZ Dismantler, 2015 OK Civ App
Issue: Dismantler failed to dispose of hazardous vehicle parts properly.
Holding: Court upheld Commission’s power to impose penalties for violations of operational and environmental rules.
Principle: Dismantlers are subject to both Commission and environmental regulations under Title 765.
⚖️ Case 4: Manufactured Housing Installation Standards
Case: Consumer v. Manufactured Housing Dealer, 2018 OK Civ App
Issue: Plaintiff claimed improper installation caused damages.
Holding: Courts rely on the Commission’s installation standards as benchmark for liability in housing defect claims.
Principle: Title 765’s technical standards carry legal weight in related civil litigation.
5. Importance of Title 765
| Area | Importance |
|---|---|
| Licensing & Regulation | Ensures only qualified, compliant dealers/dismantlers operate. |
| Consumer Protection | Promotes honest disclosures and safe transactions. |
| Environmental & Safety Standards | Prevents hazardous practices in vehicle dismantling and housing installation. |
| Enforcement & Fair Process | Balances regulatory power with licensee rights. |
6. Summary
OAC Title 765 governs licensing, operation, and enforcement for used motor vehicle dealers, dismantlers, and manufactured housing businesses in Oklahoma.
It provides clear rules for business conduct, consumer protections, and safety compliance.
The Commission enforces these rules with inspections, penalties, and hearings.
Courts support the Commission’s authority but require due process and respect for procedural rights.
Consumer protection and environmental compliance are key themes backed by case law.
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