Indiana Code
Chapter 16. Administration and Legal Proceedings
9-32-16-5. Dealers to Provide Staff of Division Access to Dealer's Premises and Records

Sec. 5. (a) All dealers licensed under this article with the division shall, upon request, provide members of the staff of the division prompt access, during reasonable business hours, to that part of the premises at the dealer's place of business where:
(1) documents are stored; or
(2) motor vehicle sales are offered, made, or processed.
(b) The secretary must notify a dealer of a request for access to the dealer's place of business under subsection (a) at least three (3) days before access is needed. However, if the secretary is conducting an investigation under section 14 of this chapter, members of the staff of the division, at any time and without prior notice, may request access to the dealer's place of business under subsection (a).
(c) The following apply to records of a dealer licensed under this article:
(1) The records are subject to such reasonable periodic, special, or other audits or inspections by a representative of the secretary, outside or within Indiana, as the secretary considers necessary or appropriate in the public interest and for the protection of investors.
(2) The secretary may audit or inspect electronic records at any time and without prior notice.
(3) The secretary must notify a dealer of an audit or inspection of the dealer's paper records at least three (3) days before the audit or inspection. However, if the secretary is conducting an investigation under section 14 of this chapter, a representative of the secretary may audit or inspect the dealer's paper records at any time and without prior notice.
(4) A representative of the secretary may copy and remove copies of the records the secretary reasonably considers necessary or appropriate to conduct an audit or inspection.
(5) A representative of the secretary may request electronic copies of records the secretary reasonably considers necessary or appropriate to conduct an audit or inspection.
(6) A:
(A) representative of the secretary may make a request for records under this subsection electronically, by mail, or in person at the established place of business of the dealer during reasonable business hours; and
(B) dealer shall produce such records in the manner requested by the representative of the secretary, including in person, electronically, or by mail.
As added by P.L.92-2013, SEC.78. Amended by P.L.174-2016, SEC.112; P.L.120-2020, SEC.75.

Structure Indiana Code

Indiana Code

Title 9. Motor Vehicles

Article 32. Dealer Services

Chapter 16. Administration and Legal Proceedings

9-32-16-1. Administration of Dealer Services by Secretary of State

9-32-16-2. Applications and Licenses or Endorsement; Discipline; Revocation and Suspension of Licenses; Persons Not Issued a License

9-32-16-3. Information or Documents Considered Law Enforcement Records

9-32-16-4. Compliance With Request, Order, or Subpoena for Production of Documentary Evidence

9-32-16-5. Dealers to Provide Staff of Division Access to Dealer's Premises and Records

9-32-16-6. Dealer Required to Make and Maintain Records; Data Storage; Retention of Records

9-32-16-7. Secretary of State to Provide Assistance to Other State or Foreign Jurisdiction

9-32-16-8. Person Required to Cooperate With Division; Failure to Cooperate

9-32-16-9. Copying of Records

9-32-16-10. Referrals to Local Prosecuting Attorney

9-32-16-11. Filings With Business Services Division; Background Check; Change of Dealer Owner or Dealer Manager; Notification of Certain Convictions

9-32-16-11-b. Filings With Business Services Division; Background Check; Change of Dealer Owner or Dealer Manager; Notification of Certain Convictions

9-32-16-12. False or Misleading Statements or Omitted Facts

9-32-16-13. Secretary of State to Maintain Injunctive Action; Court Remedy and Relief; Director Not Required to Post Bond; Penalties

9-32-16-14. Public or Private Investigations by Secretary; Enforcement of Compliance With Investigation; Witness Fees and Mileage

9-32-16-15. Dealers; Unfair Practices; Declaratory Judgment; Demand for Mediation; Mediation

9-32-16-16. Certain Actions Prohibited