| Advisory opinion regarding whether Ron Duplessis, a member of the Louisiana Used Motor Vehicle Commission, may file a complaint with the Commission as long as he recuses himself from participating in the consideration of the complaint by the Commission. |
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Ron Duplessis is a member of the Louisiana Used Motor Vehicle Commission. The Louisiana Used Motor Vehicle Commission is a state regulatory authority created by the Louisiana Legislature for the purpose of licensing the used motor vehicle industry and investigating consumer complaints involving the sale of used motor vehicles. The Louisiana Used Motor Vehicle Commission is authorized to investigate, and to the extent necessary, revoke or suspend licenses, issue fines or penalties, or enjoin a used motor vehicle dealer or salesman for: committing a fraudulent act in selling, purchasing, or dealing in used motor vehicles or misrepresenting the terms and conditions of a sale, purchase, or contract for sale or purchase of a used motor vehicle or any interest including an option to purchase.
Ron Duplessis is also the Director/President of Duplessis Buick-GMC Truck, Inc., which is a licensed used motor vehicle dealer. Mr. Duplessis became aware of numerous, unauthorized, fraudulent sales stemming from Duplessis Buick-GMC Truck, Inc.'s former used car manager. Unknown to Mr. Duplessis, the former used car manager and approximately three unaffiliated, licensed, used motor vehicle dealers had agreed to a scheme whereby the used car manager would divert Duplessis Buick-GMC inventory in exchange for a side payment.
Mr. Duplessis would like to file a complaint with the Louisiana Used Motor Vehicle Commission.
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La. R.S. 42:1113B prohibits an appointed member of a board or commission, his immediate family member, or a legal entity in which they have a substantial economic interest, from entering into or being in any way interested in a transaction that is under the supervision or jurisdiction of the board or commission.
La. R.S. 42:1102 (23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt the proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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