fm STATE OF FLORIDA Lb DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES by eé, DIVISION OF MOTOR VEHICLES a / DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION m | OF MOTOR VEHICLES, a 4 SG | Case No.: DMV 08-2170 Petitioner, License No.: MD-1020650 v. PEACE INDUSTRY GROUP (USA), INC., Respondent. ADMINISTRATIVE COMPLAINT. Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Peace Industry Group (USA), Inc., Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale, pursuant to section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001 and 28-106.2015, Florida Administrative Code. 2. Respondent is, and has been at all times material hereto, a licensed motor vehicle distributor in the State of Florida, having been issued license number MD-1020650, based upon the application identifying Qiuping Wang, as President. The address of record is 6600-B Jimmy Carter Boulevard, Norcross, Georgia 30071. 3. Section 320.64, Florida Statutes states that a license of a licensee under section 320.61 may be denied, suspended or revoked within the entire state upon proof that “the applicant or licensee has advertised, printed, displayed, published, distributed, broadcast, or televised, or caused or permitted to be advertised, printed, displayed, published, distributed, broadcast, or televised, in any manner whatsoever, any statement or representation with regard to the sale or financing of motor vehicles which is false, deceptive, or misleading. 4. Section 320.642, Florida Statutes states that any licensee who proposes to establish an additional motor vehicle dealership or permit the relocation of an existing dealer to a location within a community or territory where the same line-make vehicle is presently represented by a franchised motor vehicle dealer or dealers shall give written notice of its intention to the department. . 5. Respondent was advised by the Department over a nine month period regarding the applicable laws and proper procedures for the filing of correct Manufacturer Certificates of Origin and establishing new dealers for Respondent’s products. COUNT ONE 6. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 7. On or about March 24, 2008 the Department received information from the Volusia County Tax Collector’s Office that Respondent had issued an incorrect Manufacturer’s Certificate of Origin (MCO). The line-make was reflected as “PEACE” instead of “BASH” as instructed. 8. Based on the foregoing, Respondent violated section 320.64(12), Florida Statutes, by issuing an incorrect MCO. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 10. Onor about March 24, 2008 the Respondent conducted a retail sale of a motor - scooter to Deborah Clark, a retail consumer.’ 11. Based on the foregoing, Respondent violated section 320.64(24), Florida Statutes, by selling a motor scooter to a retail consumer. COUNT THREE 12. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 13. Onor about May 1, 2008, the Department received information from the Volusia County Tax Collector’s Office that Respondent had issued an incorrect MCO. The line-make was reflected as “PEACE” instead of “BASH” as instructed. 14. _ Based on the foregoing, Respondent violated section 320.64(12), Florida Statutes, by issuing an incorrect MCO. COUNT FOUR 15. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 16. Onor about May 1, 2008 the Respondent conducted a retail sale of a motor scooter to Mary Cecil, a retail consumer. 17. _ Based on the foregoing, Respondent violated section 320.64(24), Florida Statutes, by selling a motor scooter to a retail consumer. COUNT FIVE 18. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 19. Onor about May 12, 2008, the Department received information from the Duval County Tax Collector’s Office that Respondent had issued an incorrect MCO. The line-make was reflected as “PEACE” instead of “BASH” as instructed. 20. Based on the foregoing, Respondent violated section 320.64(12), Florida Statutes, by issuing an incorrect MCO. COUNT SIX 21. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 22. Onor about May 12, 2008 Respondent conducted a retail sale of a motor scooter to Willie Inman, a retail consumer. 23. Based on the foregoing, Respondent violated section 320.64(24), Florida Statutes, by selling a motor scooter to a retail consumer. COUNT SEVEN 24. Petitioner realleges and incorporates as if fully stated herein the allegations . contained in paragraph one, two, and four, above. . 25. Onor about May 12, 2008, the Department received information from the Volusia County Tax Collector’s Office that a dealer, Todd McDaniel, Inc. wanted to title and register two new motorcycles manufactured by Astronautical Bashan Motorcycle Manufacture Co., Ltd that he received from Respondent. 26. On May 12, 2008 and as of the signing of this Administrative Complaint Todd McDaniel, Inc. is not an authorized dealer licensed to sell motorcycles manufactured by Astronautical Bashan Motorcycle Manufacture Co., Ltd. 27. Based on the foregoing, Respondent violated section 320.64(3), Florida Statutes, through a violation of Rule 15C-7.004(7)(c), Florida Administrative Code by supplying product to an authorized dealer. COUNT EIGHT 28. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two, and four, above. 29. Onor about May 12, 2008, the Department received information that Respondent had sold motorcycles manufactured by Astronautical Bashan Motorcycle Manufacture Co., Ltd. to a dealer, Mopeds and More, Inc. 30. At that time Mopeds and More, Inc. was not an authorized dealer licensed to sell motorcycles manufactured by Astronautical Bashan Motorcycle Manufacture Co., Ltd. 31. Based on the foregoing, Respondent violated section 320.64(3), Florida Statutes, through a violation of Rule 15C-7.004(7)(c), Florida Administrative Code by supplying product to an authorized dealer. COUNT NINE 32, Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 33. On or about July 23, 2008, the Department received information from the Seminole County Tax Collector’s Office that Respondent had issued an incorrect MCO. The line-make was reflected as “PEACE” instead of “BASH” as instructed. 34. | The MCO also stated that the horsepower was 9.8, which is considered a motorcycle as per Florida law and the body type reflected that it was a motor scooter. 35. Based on the foregoing, Respondent violated section 320.64(12), Florida Statutes, by issuing an incorrect MCO. COUNT TEN 36. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two and three, above. 37. On or about August 4, 2008, the Department received information from the Seminole County Tax Collector’s Office that Respondent had issued an incorrect MCO. The line-make was reflected as “BASHAN” instead of “BASH” as instructed. 38. Based on the foregoing, Respondent violated section 320.64(12), Florida Statutes, by issuing an incorrect MCO. EXPLANATION OF RIGHTS You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to cal] and cross-examine witnesses, and to have subpoena(s) and subpoena(s) duces tecum issued on your behalf if a hearing is requested. In response to the allegations set forth above, you must make one.of the following elections and file your response within twenty-one (21) days from the date of your receipt of this Administrative Complaint. Please make your election on the enclosed Election of Rights form and ensure the Department receives it within 21 days. 1. If you admit the material fact(s) alleged in this Administrative Complaint, you may request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motor Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present either written and/or oral evidence in mitigation of any proposed penalty. A request for this type of hearing, in which no material facts are in dispute, should be directed to the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring the Department receives it within 21 days from the date of your receipt of this Administrative Complaint. 2. If you dispute any material fact alleged in this Administrative Complaint, you must present sufficient evidence of your dispute and you may request a hearing, pursuant to section 120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute, 6 should be directed to the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations of fact you are disputing, a general denial is not sufficient and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399,receives it within 21 days from the date of your receipt of this Administrative Complaint. If you elect an evidentiary hearing, you must keep the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. : In the event you fail to file your election in this matter with the Department within 21 days from your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute the alleged facts and the Department may proceed to enter a Final Order based upon the allegations contained in the Administrative Complaint. Pursuant to section 120.573, Florida Statutes, mediation is not available for this proceeding. WHEREFORE, the Department hereby gives notice of its intent to enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine, and/or any other relief deemed appropriate. ‘Load © Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division of Motor Vehicles this | LAL day of October, 2008. CAF:jde Copies furnished: Nalini Vinayak, Administrator Dealer Licensing William H. Rankin, Bureau Chief Bureau of Field Operations By certified mail to: Qiuping Wang, President Peace Industry Group (USA), Inc. 6600-B Jimmy Carter Boulevard Norcross, Georgia 30071

Docket for Case No: 08-005677