§4711. Hearings on Area of Responsibility Disputes

A.  Before a dealer can file a notice of intent under R.S. 32:815 or 817 to establish itself as a new dealer, it must provide to the commission written approval from the manufacturer and that the manufacturer has notified its existing dealer that it intends to establish a new dealer.

B.  When the commission receives a timely objection in accordance with either R.S. 32:815 or 817 the commission shall notice the dispute for hearing within 30 days following receipt of the objection; however, the hearing shall not be set any sooner than 10 days prior to the hearing date.

C.  The notice of hearing shall apprise each party that there are no violations under consideration and that the commission’s duties are only to allow the parties to present their dispute and to make an informed decision on the issues presented.

D.  The manufacturer and/or proposed new dealer shall be responsible for presenting evidence showing whether, the community can support an additional dealer, whether any change in the area of responsibility would increase competition or be in the public interest, and whether the existing dealer is providing adequate representation.

E.  The existing dealer shall be responsible for presenting evidence showing the impact on their business.

F.   No summary proceeding shall be allowed with regard to any final orders or judgments of the commission with regard to area of responsibility disputes.

AUTHORITY NOTE:  Promulgated in accordance with R.S. 32:785.

HISTORICAL NOTE: Promulgated by the Office of the Governor, Recreational and Used Motor Vehicle Commission, LR 32:1223 (July 2006), amended LR 33:1638 (August 2007).