Registrar's Decision 19-07-004

Outcome:

• A. Devron Quast
  After considering Mr. Quast’s past conduct, Mr. Quast’s submissions and evidence, and given his current position as a manager overseeing others, the Registrar made the following orders:
  (a) Conditions were added to Mr. Quast’s salesperson licence:
  (i) To not be in a management position for at least one year,
  (ii) To successfully complete the Salesperson Certification Course at his own costs,
  (iii) To successfully complete a course on ethics at his own costs,
  (iv) To have all transactions approved by a manager prior to being finalized,
  (v) To advise his employer or any prospective employer of these conditions,
  (b) A compliance order was made requiring Mr. Quast to abide by the legislation, which is already a condition of his licence.
  (c) Pay an administrative penalty in the amount of $3,000.
• B. Barnes
  After considering the facts of the case, the submissions of Barnes and given the lack of proper oversight of Mr. Quast by Barnes during this transaction, the Registrar made the following orders:
  (a) A condition was added to Barnes’ registration to provid its policies and processes for overseeing its sales staff, including managers, in conducting sales,
  (b) A compliance order was made requiring Barnes to abide by the legislation which is already a condition on its registration as a motor dealer.
  (c) Barnes was ordered to pay an administrative penalty in the amount of $12,500.
  (d) Barnes professed to not have expertise in inspecting and diagnosing issues in modern diesel vehicles. The Registrar ordered a process to hear submission on whether Barnes’ registration should be restricted from selling diesel vehicles.
• C. Mr. Quast and Barnes
  (a) Mr. Quast and Barnes were held joint and severally responsible to repay investigation costs of $1,704.97. Costs are recovered from the person who caused the need for an investigation and should not be paid from the general licensee fees of other industry licensees.