(a) The Commissionershall promote the interests of the retail buyer of motor vehicles.
(b) The Commissionershall have power to prevent unfair methods of competition and unfair ordeceptive acts or practices and other violations of this Article. Anyfranchised new motor vehicle dealer who believes that a manufacturer, factorybranch, distributor, or distributor branch with whom the dealer holds acurrently valid franchise has violated or is currently violating any provisionof this Article may file a petition before the Commissioner setting forth thefactual and legal basis for such violations. The Commissioner shall promptlyforward a copy of the petition to the named manufacturer, factory branch,distributor, or distributor branch requesting a reply to the petition within 30days. Allowing for sufficient time for the parties to conduct discovery, theCommissioner or his designee shall then hold an evidentiary hearing and renderfindings of fact and conclusions of law based on the evidence presented. Anyparties to a hearing by the Commissioner concerning the establishment orrelocating of a new motor vehicle dealer shall have a right of review of thedecision in a court of competent jurisdiction pursuant to Chapter 150B of theGeneral Statutes.
(c) The Commissionershall have the power in hearings arising under this Article to enter schedulingorders and limit the time and scope of discovery; to determine the date, time,and place where hearings are to be held; to subpoena witnesses; to takedepositions of witnesses; and to administer oaths.
(d) The Commissionermay, whenever he shall believe from evidence submitted to him that any personhas been or is violating any provision of this Article, in addition to anyother remedy, bring an action in the name of the State against that person andany other persons concerned or in any way participating in, or about toparticipate in practices or acts so in violation, to enjoin any persons fromcontinuing the violations.
(e) The Commissionermay issue rules and regulations to implement the provisions of this section andto establish procedures related to administrative proceedings commenced underthis section.
(f) In the event thata dealer, who is permitted or required to file a notice, protest, or petitionbefore the Commissioner within a certain period of time in order to adjudicate,enforce, or protect rights afforded the dealer under this Article, voluntarilyelects to appeal a policy, determination, or decision of the manufacturerthrough an appeals board or internal grievance procedure of the manufacturer,or to participate in or refer the matter to mediation, arbitration, or otheralternative dispute resolution procedure or process established or endorsed bythe manufacturer, the applicable period of time for the dealer to file thenotice, protest, or petition before the Commissioner under this Article shallnot commence until the manufacturer's appeal board or internal grievanceprocedure, mediation, arbitration, or appeals process of the manufacturer hasbeen completed and the dealer has received notice in writing of the finaldecision or result of the procedure or process. Nothing, however, contained inthis subsection shall be deemed to require that any dealer exhaust any internalgrievance or other alternative dispute process required or established by themanufacturer before seeking redress from the Commissioner as provided in thisArticle. (1955, c. 1243, s. 17; 1983, c. 704, s. 23; 1991, c.510, s. 1; 1997‑319, s. 2; 1999‑335, s. 1.)
(a) The Commissionershall promote the interests of the retail buyer of motor vehicles.
(b) The Commissionershall have power to prevent unfair methods of competition and unfair ordeceptive acts or practices and other violations of this Article. Anyfranchised new motor vehicle dealer who believes that a manufacturer, factorybranch, distributor, or distributor branch with whom the dealer holds acurrently valid franchise has violated or is currently violating any provisionof this Article may file a petition before the Commissioner setting forth thefactual and legal basis for such violations. The Commissioner shall promptlyforward a copy of the petition to the named manufacturer, factory branch,distributor, or distributor branch requesting a reply to the petition within 30days. Allowing for sufficient time for the parties to conduct discovery, theCommissioner or his designee shall then hold an evidentiary hearing and renderfindings of fact and conclusions of law based on the evidence presented. Anyparties to a hearing by the Commissioner concerning the establishment orrelocating of a new motor vehicle dealer shall have a right of review of thedecision in a court of competent jurisdiction pursuant to Chapter 150B of theGeneral Statutes.
(c) The Commissionershall have the power in hearings arising under this Article to enter schedulingorders and limit the time and scope of discovery; to determine the date, time,and place where hearings are to be held; to subpoena witnesses; to takedepositions of witnesses; and to administer oaths.
(d) The Commissionermay, whenever he shall believe from evidence submitted to him that any personhas been or is violating any provision of this Article, in addition to anyother remedy, bring an action in the name of the State against that person andany other persons concerned or in any way participating in, or about toparticipate in practices or acts so in violation, to enjoin any persons fromcontinuing the violations.
(e) The Commissionermay issue rules and regulations to implement the provisions of this section andto establish procedures related to administrative proceedings commenced underthis section.
(f) In the event thata dealer, who is permitted or required to file a notice, protest, or petitionbefore the Commissioner within a certain period of time in order to adjudicate,enforce, or protect rights afforded the dealer under this Article, voluntarilyelects to appeal a policy, determination, or decision of the manufacturerthrough an appeals board or internal grievance procedure of the manufacturer,or to participate in or refer the matter to mediation, arbitration, or otheralternative dispute resolution procedure or process established or endorsed bythe manufacturer, the applicable period of time for the dealer to file thenotice, protest, or petition before the Commissioner under this Article shallnot commence until the manufacturer's appeal board or internal grievanceprocedure, mediation, arbitration, or appeals process of the manufacturer hasbeen completed and the dealer has received notice in writing of the finaldecision or result of the procedure or process. Nothing, however, contained inthis subsection shall be deemed to require that any dealer exhaust any internalgrievance or other alternative dispute process required or established by themanufacturer before seeking redress from the Commissioner as provided in thisArticle. (1955, c. 1243, s. 17; 1983, c. 704, s. 23; 1991, c.510, s. 1; 1997‑319, s. 2; 1999‑335, s. 1.)
(a) The Commissionershall promote the interests of the retail buyer of motor vehicles.
(b) The Commissionershall have power to prevent unfair methods of competition and unfair ordeceptive acts or practices and other violations of this Article. Anyfranchised new motor vehicle dealer who believes that a manufacturer, factorybranch, distributor, or distributor branch with whom the dealer holds acurrently valid franchise has violated or is currently violating any provisionof this Article may file a petition before the Commissioner setting forth thefactual and legal basis for such violations. The Commissioner shall promptlyforward a copy of the petition to the named manufacturer, factory branch,distributor, or distributor branch requesting a reply to the petition within 30days. Allowing for sufficient time for the parties to conduct discovery, theCommissioner or his designee shall then hold an evidentiary hearing and renderfindings of fact and conclusions of law based on the evidence presented. Anyparties to a hearing by the Commissioner concerning the establishment orrelocating of a new motor vehicle dealer shall have a right of review of thedecision in a court of competent jurisdiction pursuant to Chapter 150B of theGeneral Statutes.
(c) The Commissionershall have the power in hearings arising under this Article to enter schedulingorders and limit the time and scope of discovery; to determine the date, time,and place where hearings are to be held; to subpoena witnesses; to takedepositions of witnesses; and to administer oaths.
(d) The Commissionermay, whenever he shall believe from evidence submitted to him that any personhas been or is violating any provision of this Article, in addition to anyother remedy, bring an action in the name of the State against that person andany other persons concerned or in any way participating in, or about toparticipate in practices or acts so in violation, to enjoin any persons fromcontinuing the violations.
(e) The Commissionermay issue rules and regulations to implement the provisions of this section andto establish procedures related to administrative proceedings commenced underthis section.
(f) In the event thata dealer, who is permitted or required to file a notice, protest, or petitionbefore the Commissioner within a certain period of time in order to adjudicate,enforce, or protect rights afforded the dealer under this Article, voluntarilyelects to appeal a policy, determination, or decision of the manufacturerthrough an appeals board or internal grievance procedure of the manufacturer,or to participate in or refer the matter to mediation, arbitration, or otheralternative dispute resolution procedure or process established or endorsed bythe manufacturer, the applicable period of time for the dealer to file thenotice, protest, or petition before the Commissioner under this Article shallnot commence until the manufacturer's appeal board or internal grievanceprocedure, mediation, arbitration, or appeals process of the manufacturer hasbeen completed and the dealer has received notice in writing of the finaldecision or result of the procedure or process. Nothing, however, contained inthis subsection shall be deemed to require that any dealer exhaust any internalgrievance or other alternative dispute process required or established by themanufacturer before seeking redress from the Commissioner as provided in thisArticle. (1955, c. 1243, s. 17; 1983, c. 704, s. 23; 1991, c.510, s. 1; 1997‑319, s. 2; 1999‑335, s. 1.)
