Section 215.119 - Standing to Protest(a) A protesting dealer has the burden to demonstrate standing to protest.(b) Standing requirements are established by the type of application.(1) Protest of an application to establish a dealership or to add a new line-make to an existing dealership requires the protesting dealer to meet standing requirements under Occupations Code, § 2301.652;(2) Protest of an application to relocate a dealership requires the protesting dealer to meet standing requirements under Occupations Code, § 2301.652;(3) Protest of an application to relocate a dealership within an affected county or from an affected county to an adjacent affected county requires the protesting dealer to meet standing requirements under Occupations Code, § 2301.6521;(4) Protest of an application to relocate an economically impaired dealership requires the protesting dealer to meet standing requirements under Occupations Code, § 2301.6522; and(5) Protest of an application filed by a manufacturer, distributor, or representative for an extension of time for ownership or control of a dealership requires the protesting dealer to meet standing requirements under Occupations Code, § 2301.476.(c) A person has standing to protest an application to establish a dealership or to add a franchised line-make at an existing dealership if:(1) the person is a franchised dealer of the same line-make; and(2) the person's dealership is located either in the same county as, or within 15 miles of, the dealership for which the application was filed.(d) Except as provided in subsections (e) and (f) of this section, a person has standing to protest an application to relocate a dealership or to relocate a franchised line-make of an existing dealership if: (1) the person is a franchised dealer of the same line-make;(2) the person's dealership is located either in the same county as, or within 15 miles of, the dealership for which the application for relocation is filed;(3) the proposed relocation site is more than two miles from the location where the dealership is currently licensed; and(4) the proposed relocation site is nearer to the protesting franchised dealer than the location from which the relocating dealership is currently licensed.(e) An application may be filed under Occupations Code, § 2301.6521 to relocate a dealership from a location in an affected county to a location that is either within the same affected county or in an adjacent affected county. (1) No dealer has standing to protest an application filed in accordance with this subsection if the proposed relocation site is two miles or less from the relocating dealer's existing licensed location.(2) No dealer has standing to protest an application filed in accordance with this subsection if the proposed relocation site is farther from the protesting dealer's licensed location than the relocating dealer's existing licensed location.(3) If a dealership of the same line-make as the relocating dealership is located within 15 miles of the proposed relocation site, then a person has standing to protest an application to relocate filed in accordance with this subsection, if: (A) the person is a franchised dealer of the same line-make;(B) the person's dealership is located within 15 miles of the proposed relocation site;(C) the proposed relocation site is more than two miles from the location where the dealership is currently licensed; and(D) the proposed relocation site is nearer to the protesting franchised dealer than the location from which the relocating dealership is currently licensed.(4) If no dealership of the same line-make as the relocating dealership is located within 15 miles of the proposed relocation site, then a person has standing to protest an application to relocate filed in accordance with this subsection, if: (A) the person is a franchised dealer of the same line-make;(B) no other dealership of the same line-make is located nearer to the proposed relocation site;(C) the person's dealership is located in the same affected county as the relocating dealership is proposed to be located;(D) the proposed relocation site is more than two miles from the location where the relocating dealership is currently licensed; and(E) the proposed relocation site is nearer to the protesting franchised dealer than the location from which the relocating dealership is currently licensed.(f) If an economically impaired dealer files an application under Occupations Code, § 2301.6522 to relocate its dealership, then a dealer may have standing to protest the application if: (1) the dealer is franchised for a line-make that is the same as a line-make proposed to be relocated;(2) the proposed relocation site is more than two miles closer to the protesting dealer's dealership than the site of the economically impaired dealer's existing licensed location; and(3) there is no other dealer located nearer to the proposed relocation site that is franchised for a line-make that is proposed to be relocated.(g) A dealer has standing to protest an application for an extension of time that was filed by a manufacturer, distributor, or representative under Occupations Code, § 2301.476 if: (1) the protesting dealer is franchised for a line-make being sold or serviced from the dealership owned or controlled by a manufacturer, distributor, or representative; and(2) the protesting dealer is located either in the same county as, or within 15 miles of, the dealership owned or controlled by the manufacturer, distributor, or representative.43 Tex. Admin. Code § 215.119
The provisions of this §215.119 adopted to be effective January 6, 2013, 37 TexReg 10255; amended to be effective March 11, 2014, 39 TexReg 1728; Amended by Texas Register, Volume 42, Number 06, February 10, 2017, TexReg 578, eff. 2/13/2017