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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113385
Experience:  20+ Years of Employment Law Experience
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I am a building owner with many tenants that hold a class 2

Customer Question

I am a building owner with many tenants that hold a class 2 auto dealers license, the RMV for years has been enforcing a rule that these dealer must have office hours in case any city or state official want to check their sales book.
upon checking into the law, no such a law exist, the only thing that the law says is that they must allow an official into the office to check their books.
Question, These dealers are getting their license suspended for not been in the office at their posted hours, can they bring a class action law suit for been panelized for breaking a law that doesn't exist.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, the requirements posting "reasonable business hours" where they would be available for inspection is part of the Registry administrative rule requirements. There are MA general laws, but also the Registry has a right to promulgate rules under their administrative rule making power and what they are being cited for regarding not having reasonable business hours and being available for inspection are part of the MA Registry Administrative rules. See: https://www.massrmv.com/rmv/dealer/ProperUseDealerPlates.pdf
So, it is not a law they are breaking a Registry rule in connection with the regulation and licensing of dealers. It is Rule 18.02 which says that the dealer qualifies for the dealers permit if "Principally and substantially engaged in the business of: an applicant or holder must be engaged in the type of business for which the general registration and general registration number plates are authorized to the extent that a reasonable person, unfamiliar with the nature of the business, would conclude from an inspection of the premises during normal business hours, that the primary or chief activity conducted on the premises is the same activity for which the general registration is authorized."
If they are not available for inspection of premises during the reasonable hours, they violate the rule.