Section 818.306 - Protest hearing decision within 120 days unless waived by the parties(a)Franchise protest hearings to be decided within 120 days unless waived by the parties.--Any franchise establishment, relocation, termination or failure to renew hearing based on a protest by a dealer or distributor of any action by a manufacturer or distributor alleged to be in violation of a provision of this chapter must be conducted and the final determination made within 120 days after the protest is filed. Unless waived by the parties, failure to do so will be deemed the equivalent of a determination that the manufacturer or distributor acted with just cause and, in the case of a protest of a proposed establishment or relocation of a dealer under section 326, that just cause does not exist for refusing to permit the proposed additional or relocated new vehicle dealer unless such delay is caused by acts of the manufacturer, distributor or the additional or relocating dealer. Any parties to such a hearing shall have a right of review of the decision in a court of competent jurisdiction pursuant to 2 Pa.C.S. § 701 (relating to scope of subchapter). If the board determined that just cause does not exist for refusing to permit the proposed additional or relocated new vehicle dealer and the manufacturer or distributor thereafter enters into a franchise establishing that new vehicle dealer, the manufacturer or distributor shall not be liable for damages based upon such establishment even if a court reverses the determination of the board.(b) Procedure.--The procedure at the hearing shall be governed by 1 Pa. Code Pt. II (relating to general rules of administrative practice and procedure) with the following exceptions:(1) In the event that the protest involves a termination or failure to renew the franchise of a new vehicle dealer, the dealer shall be permitted to review a manufacturer's or distributor's files related to that dealer upon written request.(2) The board may order on its own initiative, or pursuant to a party's request, that part of the evidence for hearing be submitted to it in the form of depositions.(c)Reconsideration.--In the event a decision of the board is remanded by a court of competent jurisdiction for further action by the board, the board shall consider the action and issue a final determination, not later than 120 days following receipt of the record from such court, unless the 120-day time period for the board to issue a final determination is waived or extended by the parties.(d)Dealer protest of automobile, motorcycle or truck manufacturer act or omission.-- (1) Except for protests authorized under section 312 or 326 and notwithstanding any other remedy available under this chapter, any new vehicle dealer who believes that an automobile, motorcycle or truck manufacturer or distributor with whom the new vehicle dealer holds a franchise agreement has violated or is violating any provision of this chapter may file a protest with the board setting forth the factual and legal basis for such violation.(2) The board shall issue a final determination within 120 days after the protest is filed, unless the 120-day time period for the board to issue a final determination is waived or extended by the parties.(3) It shall be the burden of the automobile, motorcycle or truck manufacturer to prove it has not violated any provision of this chapter as set forth in the protest filed by the new vehicle dealer.(4) The protested action shall not become effective until the final determination is issued by the board and shall not be effective thereafter if the board has determined that there is just cause for not permitting the protested action.(5) The board shall be empowered to direct or require the automobile, motorcycle or truck manufacturer or distributor to perform such acts as necessary in order for the manufacturer or distributor to comply with the provisions of this chapter.(e) Applicability.--The protest provisions of this section apply to Chapter 5 activities and actions between recreational vehicle dealers, manufacturers, distributors and suppliers.Amended and Renumbered by P.L. TBD 2018 No. 134, § 8, eff. 10/24/2019.1983, Dec. 22, P.L. 306, No. 84, § 8, added 1996, April 19, P.L. 104, No. 27, § 6, effective in 60 days. Amended 2000, Oct. 18, P.L. 577, No. 75, § 3, effective in 60 days.