Section 280-RICR-30-20-1.12 - Establishing New Dealership & relocating Existing DealershipsA. Applications 1. The applicant must comply with the provisions of R.I. Gen. Laws Chapter 31-5.1 and in addition, all applications for licenses must conform to requirements of R.I. Gen. Laws Chapters 31-5 and 31-5.1 and these Regulations.B. Hearings 1. In the event that there is a timely protest filed by a new car dealer in same line, a hearing will be held in compliance with the R.I. Gen. Laws § 31-5.1-4.2. The date, time and location of hearings under R.I. Gen. Laws Chapter 31-5.1 will be mailed to all parties, by normal mailing, thirty (30) days before each hearing. No party having actual knowledge of the hearing may raise an objection for failure to be notified by mail. The hearing will take place no sooner than sixty (60) days of the Department receiving notice of a protest by a new motor vehicle dealers in the same line and make in the relevant market area. Exceptions to the sixty (60) day time limit may be made by agreement of the parties or by the Board. The Board may also order an expedited hearing if good cause is shown.C. Exchange of Information 1. This Department encourages the parties to exchange documents and expected testimony intended to be used at a hearing. In the event that the parties choose not to exchange information, then the aggrieved party will be given up to forty-five (45) days continuance, at the discretion of the Department to review and rebut the evidence submitted at the hearing.2. The Department will base its decision on the length of any continuance on the availability, complexity and technical nature of the evidence not exchanged. In addition, the Department can, in its discretion on the basis that a party is surprised by the evidence not exchanged, grant a continuance.280 R.I. Code R. 280-RICR-30-20-1.12
Adopted effective 1/6/2019
Amended effective 1/19/2020