Welccome to the CAPSS Compliance Pathway Newsletter. 
Visit us at our website:  CAPSS LLC
http://capsscolorado.com 
Changes are coming for all original dealer, wholesaler, and salesperson applications.  Senate Bill 17-240, C.R.S. 12-6-115(8)(a) and 12-6-517(8)(a)  requires a fingerprint-based criminal history record check for all original applicants.  The associated pass-through cost will be $46.35.  This fee is in addition to the licensing fee.  Look for the new requirements starting January, 2018.

Have you received a letter from the State of Colorado, Department of Law, notifying you of a UCCC Compliance Examination?  Dealers around the state are receiving these letters.  Read below for more information.

Are you in compliance with regulations regarding administering the Mastery Exam to new salespersons?  Violators can be charged both in criminal court (Second Degree Perjury) and in a Dealer Board hearing (fines up to $10,000 per count and the loss of your license!).  Don't take a chance of having your license revoked.  Review those rules below.

Have you switched to the new FTC Buyer's Guides?  The FTC made changes to the Buyers Guides last November (2016) and allowed Dealers to use up their old stock for up to one year.  That year is now up, and the new Guides are required.  For information on how to complete the forms, see the updated:  https://www.ftc.gov/tips-advice/business-center/guidance/dealers-guide-used-car-rule   Contact CIADA at 303-239-8000 to purchase these forms!
CHANGE YOUR CLOCKS!  Daylight savings times ends on the first Sunday in November (November 5, 2017, 2:00 a.m.).  Set your clocks back one hour!

Are you a member of CIADA (Colorado Independent Automobile Dealer's Association)?  CIADA is there to represent you in legislative matters, Dealer Board meetings, and to keep you informed!  Become a member today.


CAPSS continues to offer in-person and on-line training.  
  • Pre-Licensing Seminars for new dealers and new salespersons
    • In-person classes offered every other week in Montrose (for classes in Lakewood - check out CIADA's schedule!)
    • On-line classes - If you can't attend an in-person class, you can log on and attend an on-demand class, available at any time on any pc, laptop or tablet.  For more information - see Mastery Exam Training.
  • Compliance - The Well Informed Dealer/Salesperson
    • This on-line, on-demand class is available to keep you informed of important compliance issues.  It also prepares you for an audit by the Auto Industry Division.  This class is great for dealers and salespersons, or anyone working with state investigators during an audit.
  • Getting the Car Deal Rolling
    • This on-line, on-demand class walks you through completing the sale and title paperwork necessary for completing a motor vehicle or powersport sale.  It is great for the new dealer, salesperson or title clerk.  A manual showing how to complete these forms can be downloaded upon registration of this course.
  • Colorado Title Seminar 
    • CAPSS now has an on-line, in-depth title class! Learn about Colorado title documents, laws and regulations. This class explains title transfers, VIN verifications, odometer laws, off-highway vehicles, low-powered scooters, purged titles, salvage/branded titles, liens/mortgages, deceased or divorced owners, bond titles, suspense titles, title assignments/corrections and more. A copy of the Colorado State Title and Registration Manual can be downloaded upon registration of this course.
       
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Thanks fo r your continued business!

Connie J. Hatch
CAPSS LLC
970-209-7499 
UCCCUCCC Compliance Examination
The Colorado Department of Law is conducting compliance examinations of dealerships around the state.  If your dealership is selected for an audit, you will receive a letter requesting specific transactions for review (up to a four-year period).  If an auditor will be completing the examination at your dealership, you must provide (in addition to the documents):
  • Adequate work space (desk or table to accommodate one to two examiners)
  • Adequate lighting
  • Access to an electrical outlet (suitable for laptop computer)
  • Photocopier
  • Access to Computer Records (if records are stored on a computer, examiners will require a computer terminal to access the records).
If your dealership is selected for a Mail-In Examination, you will be requested to submit the documents listed in the letter.  Do not send originals!
  •  Copies of the required documents will need to be provided by the date listed in the request. 
In both cases, provide the documents requested.  One item that will be reviewed will be any charges passed on to the customer for Filing Fees.  These fees should only be the cost paid to the government agency (i.e. County Clerk for lien filing).  You cannot inflate these fees or even add other charges, such as the cost for overnight mailing the title and lien documents!  Any additional fees charged the customer should be labeled "D&H" (delivery and handling).  D&H fees can include items such as delivery, handling, dealer prep charges, paperwork, documentary fees, get ready charges, or other charges involved in inspecting, cleaning or adjusting vehicles.  If your dealership charges D&H fees, you must post a sign at your dealership and include the information on the contract (Buyer's Order) showing that these fees are additional profit to the seller/dealer.

If you are being audited, and you have concerns regarding potential charges or disciplinary actions, we recommend you seek legal counsel through CIADA, or an independent attorney.
MasteryExamMastery Exam Administration Regulations

Dealerships around the state are in jeopardy of being fined, having their license revoked, and/or facing criminal charges for failure to properly follow the guidelines for administering the Mastery Exam.  The Exam Administrator should never give the sales applicant the "code" for the exam.  And assisting the applicant by providing answers, or allowing others to provide answers is also a violation.  

The applicant must read the below rules before taking the exam.

1) This examination is computerized and must be taken "online." (Note: If an applicant desires to take the examination as a paper test, he or she must submit a written request to the attention of the Executive Secretary of the Motor Vehicle Dealer Board, detailing the exact reasons why the applicant is unable to take the online examination. The Executive Secretary will grant the request only upon a showing of good cause.)
 
2) The examination must be administered either by a dealership licensed in Colorado or by a Motor-Vehicle-Dealer-Board-approved third-party administrator. Approved third-party administrators are: the Colorado Automobile Dealers Association (CADA), the Colorado Independent Automobile Dealers Association (CIADA), the Powersports Dealers Association of Colorado (PDAC), and Colorado Automobile/Powersports Support Services (CAPSS). (Note: If an applicant desires to take the examination at the offices of the Auto Industry Division, he or she must submit a written request to the attention of the Executive Secretary of the Motor Vehicle Dealer Board, detailing the exact reasons why the applicant is unable to take the examination administered by either a dealership or by an approved third-party administrator. The Executive Secretary will grant the request only upon a showing of good cause.)
 
3) The Auto Industry Division will issue to an administering dealership or approved third-party administrator a password to enable the applicant to access the online examination at the examination location under the supervision of the dealership or approved third-party administrator.
 
4) The applicant must complete the actual examination without the assistance of any other person.
 
5) The applicant will have a maximum of ninety (90) minutes to complete the examination. The examination will "time-out" at the end of the allowed time.
 
6) This is an open book examination and a passing score of eighty-five percent (85%) is required.
 
7) The applicant must answer all sixty (60) questions to complete the examination.
 
8) Prior to submitting the examination for scoring, the applicant may, within the ninety (90) minutes allotted for the test, go back to review any question or to make a change to any answer.
 
9) THE NUMBER OF TIMES IN A CALENDAR DAY THAT AN APPLICANT CAN TAKE THE EXAMINATION IS TWO (2). 
IF YOU EXCEED THE 2x PER DAY LIMIT, YOUR THIRD (3) TEST (OR MORE) WILL BE INVALIDATED.
 
10) As soon as the applicant hits the submit button at the end the examination, the computer will grade the examination and show the resulting score. The computer will not show the specific questions that the applicant missed.
 
11) If the applicant receives a passing score, he or she must sign and submit an "Examination Affidavit." The person who actually administered the passing-score examination, whether an individual at a dealership or an individual associated with an approved third-party administrator, must also sign the Examination Affidavit. (Note: the Examination Affidavit is a Department of Revenue form, DR2097. The Examination Affidavit is part of the license application requirement and this signed form, filled out completely, must be submitted as part of the overall application.)

After taking the exam, the applicant must sign an Affidavit (DR 2097) stating:
I, ______________________________, Declare each of the following, under penalty of perjury in the second degree: (Print full legal name as shown on ID) 1. I have successfully completed the online Auto Industry Mastery Examination testing my knowledge of the provisions of the Motor Vehicle/Powersports Industry Laws and Regulations at the Dealership, or at the Approved Providers location. 2. I did not request or permit any other person on my behalf, to assist, participate in taking the Mastery Examination, nor receive answers to any questions on the Mastery Examination. 3. I successfully completed the online mastery exam on ________________________ Date(s) 4. I have complied with all relevant provisions of Motor Vehicle Dealer Board regulations 12-6-104(3)(j) and 12- 6-108(1)(c). 

The administrator must then fill out his/her portion of the affidavit (DR 2027) stating:
I, ______________________________, Declare each of the following, under penalty of perjury in the second degree: (Print full legal name as shown on ID) 1. I am authorized under the Motor Vehicle/Powersports Industry Laws and Regulations to act as an Examination Administrator for the Auto Industry Mastery Examination; 2. I have administered the Mastery Examination at the Dealership or Approved Providers location to the applicant named below without assistance from myself or any other person; and did not provide the Applicant with answers to any questions on the Mastery Examination. 3. I have complied with all relevant provisions of Motor Vehicle Dealer Board regulations 12-6-104(3)(j) and 12- 6-108(1)(c).

CIADA and CAPSS have combined to offer in-person classes to prepare the applicant for the exam.  The exam is then administered at the completion of the class.  Classes are offered in Montrose (970-209-7499) or in Lakewood (303-239-8000).  If distance is a problem, CAPSS does offer an on-line, on-demand study course to prepare the applicant for taking the exam: Mastery Exam Seminar.  After studying on-line, the applicant can take the exam at the dealership, at CAPSS (in Montrose) or at CIADA (in Lakewood).  

Contact us for more information:  Connie at 970-209-7499 or  www.capsscolorado.com 

CAPSS LLC


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Colorado Automobile/Powersport Support Services LLC