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[Utah Administrative Code Table of Contents]
[Title R151. Table of Contents]
R151-14-1 Title.
These rules shall be known as the "New Automobile Franchise Act Rules".
R151-14-2 Authority - Purpose.
The purpose of these rules is to set forth the rules governing administrative proceedings before the Utah Motor Vehicle Franchise Board and to regulate and enforce the provisions of the New Automobile Franchise Act, and are adopted under the authority of Subsection 13-14-104 (1) to enable the Utah Motor Vehicle Franchise Board to administer Title 13, Chapter 14.
R151-14-102 Definitions.
In addition to the definitions contained in Section 13-14-102 , terms used in the New Automobile Franchise Act and these rules are defined as follows:
(1) "Adjudicative proceeding" means a Board action or proceeding that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including all Board actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or registration. All Board adjudicative proceedings shall be conducted as informal unless designated as formal and shall be governed by the provisions of the Utah Administrative Procedures Act, Title 63, Chapter 46b, and the Department of Commerce Administrative Procedures Act Rules, R151-46b.
(2) "Person" means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character.
R151-14-103 Utah Motor Vehicle Franchise Board.
(1) Subsection 13-14-103 (1)(b)(iii) is interpreted and clarified to mean the congressional district in which a franchisee either resides or in which the dealership, or any of them, are located.
(2) Except as may be otherwise expressly required or permitted in these rules or in the New Automobile Franchise Act, Title 13, Chapter 14, all correspondence or other mailings together with any in-person filings shall be directed to the Chairman of the Utah Motor Vehicle Franchise Board at his normal and usual mailing address or street address.
R151-14-104 Powers and Duties of the Board.
(1) All administrative and adjudicative proceedings conducted before the Board shall be conducted informally unless they shall be designated as formal by the Board.
(2) In addition to Title 63, Chapter 46b, Utah Administrative Procedures Act, any adjudicative proceedings required by this chapter shall be conducted in accordance with the Department of Commerce Administrative Procedures Act Rules, R151-46b.
R151-14-105 Registration.
(1) The Board will promulgate a form for registration and renewal which will be forwarded to each known franchisor and franchisee, and will send a renewal form to each franchisor and franchisee registered with the Board at least 30 and not more than 60 days prior to the expiration of the current registration.
(2) The furnishing of registration and renewal forms by the Board is a courtesy service only, and failure to receive a form will not excuse a franchisor or franchisee from timely filing.
(3) Although the form promulgated by the Board is the preferred form of registration filing, registration filings in substantial compliance will be accepted so long as they contain the following information:
(a) Name of dealership/manufacturer;
(b) Address of dealership/manufacturer;
(c) Owners or stockholders and percentage of holding (5% or above only);
(d) Line-makes manufactured, distributed, or sold;
(e) If applicable, dealer number; and
(f) Name and address of person designated for the purpose of receiving notices or process pursuant to the provisions of the New Automobile Franchise Act.
(4) At the option of the Board's chair, the processing of an application for registration by the department staff may be delayed for a reasonable time to give the registrant an opportunity to cure technical defects in an application for registration.
R151-14-106 Administrative Enforcement.
(1) All administrative and adjudicative proceedings conducted before the Board shall be conducted informally unless they shall be designated as formal by the Board.
(2) In addition to Title 63, Chapter 46b, Utah Administrative Procedures Act, any adjudicative proceedings required by this chapter shall be conducted in accordance with the Department of Commerce Administrative Procedures Act Rules, R151-46b.
R151-14-107 Administrative hearings.
(1) All administrative and adjudicative proceedings conducted before the Board shall be conducted informally unless they shall be designated as formal by the Board.
(2) In addition to Title 63, Chapter 46b, Utah Administrative Procedures Act, any adjudicative proceedings required by this chapter shall be conducted in accordance with the Department of Commerce Administrative Procedures Act Rules, R151-46b.
(3) A request for remedy of a violation of this chapter shall be commenced with the filing of a complaint directed to the attention of either the Board's chairman or the Department of Commerce Enforcement Counsel. Forms will be made available to complaining parties upon request or a complaint may be filed in a letter format.
(4) A request for approval of an act regulated by this chapter shall be commenced by the filing of a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE" and captioned "Request for Agency Action". The pleading shall be in substantially in compliance with the Utah Administrative Procedures Act, Section 63-46b-3 and the Department of Commerce Administrative Procedures Act Rules, R151-46b-7.
R151-14-201 Prohibited Acts by Franchisors.
(1) For the purposes of clarification and interpretation, the word "or" at the end of Subsection 13-14-201 (1)(p) is an obvious typographical error which will not be given any effect in the interpretation of the clear meaning of the Subsection.
R151-14-203 Succession to franchise.
(1) The reference to Subsection (5)(b) in Subsection 13-14-203 (5)(b) is an obvious erroneous reference and for the purpose of interpretation of this Subsection will be given its clearly intended meaning of "Subsection (5)(a)" rather than "Subsection (5)(b).
[Indexing]
KEY: automobiles, motor vehicles, franchises, recreational
vehicles
November 29, 1996
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
13-14-1[Ed.Note: Apparent Utah Code Ref. not found.]
