Section 56-37-40 - Dealer Sanction Review Board created; membership; contesting sanctions(A) There is created a Dealer Sanction Review Board that consists of the executive director of the department or his designee, a department employee with expertise in dealer licensing regardless of dealer license type, two nonfranchise automobile dealers, and three franchise automobile dealers. All dealers serving on the board must have been in business no less than ten years and be in good standing with the department. The department is responsible for ensuring the board is seated at the beginning of each fiscal year. Unless the board decides otherwise or a board member no longer qualifies to remain on the board, individuals on the board serve for three fiscal years and may serve a maximum of nine consecutive years. The department in conjunction with the board should take efforts to ensure that dealers represent all regions of the State and the sizes of dealerships owned. The two statewide dealer associations shall choose their members. The chairperson shall be elected and rotated between dealer members serving on the board.(B) Dealers licensed pursuant to this title may contest sanctions provided for in this chapter by written request to the department no later than thirty days after receiving formal notice of the sanctions being levied. (1) All notices of sanctions are deemed received no later than thirty days after mailing by the department.(2) No later than sixty days after receiving the written request from the dealer, the board must determine if the sanctions and corresponding points must be posted to the dealer's record as maintained by the department.(3) No contested sanctions and corresponding points may be posted until the board has made a determination.(4) The board's decision is considered final unless a dealer files a protest in administrative law court within twenty days of being provided written notice.(5) The board may decide to decrease the number of points levied for a sanction, but the board may not increase the number of points levied for a sanction beyond those specified in this chapter.(C) If a dealer licensed under this title does not contest sanctions within the time period prescribed in subsection (B), the assessed points are effective and will be posted to the dealer's record maintained by the department.Added by 2023 S.C. Acts, Act No. 51 (SB 549),s 23, eff. 1/1/2024. 2023 Act No. 51, Section 40(D), provides as follows:
"[SECTION 40.](D) SECTIONS 15 through 28 take effect on January 1, 2024. Any dealership applying for or renewing licenses, or operating on a currently issued license on or after January 1, 2024, is subject to the provisions of SECTIONS 15 through 28."
Code Commissioner's Note
At the direction of the Code Commissioner, "chapter" was substituted for "article" to correct a scrivener's error.