Home Table of Contents

006.05.404-10. Power of Attorney to Review Title Documents and Acknowledge Disclosure.

AR ADC 006.05.404-10Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 05. Division of Revenues
Rule 404. 1995-1 Odometer Disclosure Requirements
Ark. Admin. Code 006.05.404-10
006.05.404-10. Power of Attorney to Review Title Documents and Acknowledge Disclosure.
Currentness
(a) In circumstances where part A of a secure power of attorney form has been used pursuant to Section 9 of this part, and if otherwise permitted by state law, a transferee may give a power of attorney to his transferor to review the title and any reassignment documents for mileage discrepancies, and if no discrepancies are found, to acknowledge disclosure on the title. The power of attorney shall be on part B of the form referred to in Section 9(a), which shall contain a space for the information required to be disclosed under paragraphs (b), (c), (d), and (e) of this section and, in part C, a space for the certification required to be made under Section 11.
(b) The power of attorney must include a mileage disclosure from the transferor to the transferee and must be signed by the transferor, including the printed name, and contain the following information:
(1) The odometer reading at the time of transfer (not to include tenths of miles);
(2) The date of transfer;
(3) The transferor's name and current address;
(4) The transferee's name and current address; and
(5) The identity of the vehicle, including its make, model, year, body type, and vehicle identification number.
(c) In addition to the information provided under paragraph (b) of this section, the power of attorney form shall refer to the Federal odometer law and state that providing false information or the failure of the person granted the power of attorney to submit the form to the State may result in fines and/or imprisonment. Reference may also be made to applicable State law.
(d) In addition to the information provided under paragraphs (b) and (c) of this section;
(1) The transferor shall certify that to the best of his knowledge the odometer reading reflects the actual mileage; or
(2) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, he shall include a statement to that effect; or
(3) If the transferor knows that the odometer reading differs from the mileage and that the difference is greater than that caused by a calibration error, he shall include a statement that the odometer reading is not the actual mileage and should not be relied upon. This statement shall also include a warning notice to alert the transferee that a discrepancy exists between the odometer reading and the actual mileage.
(e) The transferee shall sign the power of attorney form and print his name.
(f) The transferor shall give a copy of the power of attorney from to his transferee.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.404-10, AR ADC 006.05.404-10
End of Document