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Motor Vehicle Industry Licensing Board (MVILB) Page includes - Listing of Board Members - Report of Current Licenses - Minutes and other Related Documents The Motor Vehicle Industry Licensing Board adopts rules covering the motor vehicle industry in the State and has the power to grant, deny, suspend, or revoke licenses for motor vehicle dealers, salespersons, or persons otherwise engaged in the business of selling or negotiating for the purchase of motor vehicles in the State.
Established under section 437-5, Hawaii Revised Statutes, the board consists of 7 members. 3 members must be engaged in the motor vehicle industry, and the remaining 4 members are private citizens not connected with the industry. Motor vehicle industry includes: Motor Vehicle Dealers, Motor Vehicle Salespersons, Motor Vehicle Auctions, Motor Vehicle Consumer Consultants, Motor Vehicle Manufacturers and Motor Vehicle Distributors. Board Executive Officer: Christine Rutkowski, Telephone 808-586-2698 Address: DCCA-PVL, Att: MVI, P.O. Box 3469, Honolulu, HI 96801
http://hawaii.gov/dcca/areas/pvl/boards/motorvehicle Email: mvi@dcca.hawaii.gov Name | Appointment Dates(s) | Appointment Dates(s) | Expiration | Term # | Representing | Chung, Russell Y. J. | | 11/04/2005 | 6/30/2008 | 1st | Public/Oahu | Nakama, Thomas I. | | 4/25/2005 | 6/30/2008 | 1st | Industry/Oahu (USED car dealer) | Touchi, Donald K. | | 4/26/2007 | 6/30/2008 | 1st | Public/Oahu | De Luz, Wayne K. - Chairman | 7/01/2001 | 7/01/2005 | 6/30/2009 | 2nd | Industry/Hawaii (NEW car dealer) | Umbhau, Werner | | 4/26/2007 | 6/30/2009 | 1st | Public/Oahu | Jordan, Jerry William | 7/01/2003 | 7/01/2007 | 6/30/2011 | 2nd | Public/Oahu | Masamitsu, Stanley Toshiya | | 7/01/2007 | 6/30/2011 | 1st | Industry/Oahu (NEW car dealer) |
Source: Office of the Governor BOARDS AND COMMISSIONS DIRECTORY dated December 1, 2007 | STATE OF HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS PROFESSIONAL AND VOCATIONAL LICENSING DIVISION GEOGRAPHIC REPORT OF CURRENT LICESES AS OF JANUARY 23, 2008 | AUCTION (AUC) | MOTOR VEHICLE BROKER (CB) | CONSUMER CONSULTANT VEHICLE (CCV) | MOTOR VEHICLE SALESPERSON (CS) | DISTRIBUTOR (DIS) | MANUFACTURER (F) | MOTOR VEHICLE DEALER (MVD) | MOTOR VEHICLE BRANCH LOCATION (MVB) | OAHU | 3 | 1* | 8 | 1435 | 6 | | 205 | 28 | HAWAII | | | 1 | 245 | | | 42 | 8 | MAUI | | | | 185 | | | 23 | 5 | KAUAI | | | | 78 | | | 13 | | MOLOKAI | | | | 2 | | | 1 | | LANAI | | | | 1 | | | | | MAINLAND | | | | 49 | 18 | 14 | | | FOREIGN | | | | | | 1 | | | TOTAL | 3 | 1 | 9 | 1996 | 24 | 15 | 284** | 41** |
* Motor Vehicle Broker licenses no longer issued ** MVD/MVB = 325 Total number of motor vehicle dealer locations New = 77 (24%) franchise dealers Used = 248(76%) independent dealers | | Agenda and minutes of board meetings: | | | Motor Vehicle Industry Licensing Board Agenda for 08/19/2008 (PDF file) | Motor Vehicle Industry Licensing Board Agenda for 07/19/2008 (PDF file) This is a special meeting to start the process of updating the Hawaii Administrative Rules for Motor Vehicle Dealers. Last updated 04/19/1993. | Motor Vehicle Industry Licensing Board Minutes for 06/17/2008 (PDF file) - The attorney for HADA (new car dealers assoc.) presented another request to the board asking for reconsideration of the board’s informal interpretation regarding "proof of possession" issued 12/18/07. Request was denied after two hours of discussion. - John Rego, President, Tropical Car Sales (MVD701) was present to request another hearing. Board informed Mr. Rego that it did not have jurisdiction. Note: In August 2007, the board REVOKED Tropical Car Sales license, issued a $11,000 fine, and ordered restitution of $6,000 for multiple violations. - Gilbert Yoshida of H4 Auto, LLC, was issued a $1,000 administrative fine for violation of HRS 437-2 (engaged in business at an unlicensed location) and HRS 437-4 (advertising the term “wholesale” and failing to display the license plate number of a used motor vehicle). - HIADA raised an objection to the ratification of motor vehicle dealer license for a business located on AGRICULTURE zoning. Board agreed with HIADA objection and did not ratify license. | Motor Vehicle Industry Licensing Board Agenda for 06/17/2008 (PDF file) | Motor Vehicle Industry Licensing Board Minutes for 04/15/2008 (PDF file) - Board agreed to voluntary surrender of MVD675: SANG DOO CHOI dba HOLO HOLO AUTO license. Dealer did not admit to violating any law or rule, buy cannot apply for a new license for at least 5 years. - HADA (new car dealers assoc.) requested board withdraw its informal interpretation regarding "proof of possession" issued 12/18/07. Board denied request, but granted HADA the option of presenting another request at the next board meeting. | | Motor Vehicle Industry Licensing Board Agenda for 04/15/2008 (PDF file) | Motor Vehicle Industry Licensing Board Minutes for 02/19/2008 (PDF file) - The board considered a request by HADA (new car dealers assoc.) to provide a clear ruling on "proof of possession" and to reconsider the board 12/18/07 informal interpretation. The board after much discussion denied HADA's request. The board recommended instead changing the law or seeking declaratory relief. | | Motor Vehicle Industry Licensing Board Agenda for 02/19/2008 (PDF file) | Motor Vehicle Industry Licensing Board Letter dated 02/21/08 to Hawaii Automobile Dealers Association and HIADA - Letter provides informal interpretation of proof of possession. "...at minimum, the lien holder acknowledges written receipt of pay-off..." | Motor Vehicle Industry Licensing Board Minutes for 02/07/2008 (PDF file) - This was a special meeting to rush the last minute approval of an auction license for a auction to be held the next day. Editorial Comment: It is interesting that the board approved a motor vehicle auction license (AUC-510) for the Hawaii Convention Center, a state owned facility, for auctions that will be held once a year. It also strange that the approved licensed location is not in Hawaii, but at "5540 COUNTY RD #11A AUBURN IN 46706." | Motor Vehicle Industry Licensing Board Minutes for 12/18/2007 (PDF file) Items of interest from the minutes:
- pages 2-3 License REVOKED and $1,000 fine to motor vehicle dealer TODD MARTIN, LLC. The dealer took money for a vehicle, but never provided the customer title.
- page 5, at the prompting of the Governors office, the board will start the process of updated the Hawaii Administrative Rules that regulate motor vehicle dealers and salespersons. (HIADA made a similar request to the board 2-3 years ago.)
- pages 5-6 Legal Ownership Certificates - Board issued "information interpretation" of what is meant by "proof of possession" of a title. HIADA ask the board in a letter dated 08/21/07 what is meant by HRS 437-12 Legal ownership certificates states:
“Possession or proof of possession of legal ownership certificate. No dealer shall sell or advertise for sale a motor vehicle unless the dealer has in the dealer’s possession or proof of possession of the legal ownership certificate of the subject motor vehicle.”
The last paragraph of this discussion is in regards to wholesale transactions and "proof of possession."
Editorial Comment: These minutes and the action by the board, will probably still leave auto dealers wondering about "proof of possession" and if they can lose their license by selling vehicles without a title. Furthermore, the board comments on wholesale transactions is very poorly stated and appears to be useless. | Motor Vehicle Industry Licensing Board Minutes for 08/28/2007 (PDF file) (large PDF file) Items of interest from the minutes:
Page 2: New board members
Page 2: Election of new board chair
Pages 3-4 Valley Isle Motors, Ltd - $500 fine and restitution of $1721.92 due to problems relating to sales documents.
Pages 4-5 Tropical Car Sales - Licensed REVOKED, $11,000 fine, and restitution of $6,000 for multiple violations.
Pages 7-10 Request by HIADA for the board to rule on what is meant by "proof of possession" of a title in HRS 437-12 (the law states that in order to sell a motor vehicle a dealer must have the title or "proof of possession"). | HIADA Question to the Motor Vehicle Industry Licenisng Board on "Proof of Possession" dated 08/21/07 (PDF File) This was a request for an interpretation of HRS 437-12 that states "No dealer shall sell or advertise for sale a motor vehicle unless the dealer has in the dealer's possession or proof of possession of the legal ownership certificate of the subject motor vehicle." |
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