30 Miss. Code. R. 1301-12.3 - Hearing

1. A manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division may not take any action against a motor vehicle dealer, including without limitation, reducing its allocations or supply of motor vehicles to the motor vehicle dealer, or charging back a motor vehicle dealer for an incentive payment previously paid, unless the manufacturer first meets in person, by telephone, video conference, or by registered mail with an officer or other designated employee of the motor vehicle dealer.

2. At such meeting, the manufacturer must provide a detailed explanation, with supporting documentation, as to the basis for its claim that the motor vehicle dealer knew or reasonably should have know the customer's intent to export or resell the vehicle.

3. After such meeting, the motor vehicle dealer shall have a reasonable period, commensurate with the number of vehicles at issue, but not less then 30 days not more than 90 days to respond to the manufacturer's claims. If the motor vehicle dealer does not respond within the specified time period, the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesaler branch or division may take actions as would otherwise be allowed under the parties' agreements or otherwise applicable procedures or policies.

4. If following the motor vehicle dealer's response and completion of all internal dispute resolution processes provided through the manufacturer, the dispute remains unsolved, the motor vehicle dealer may file a protest with this commission within 30 days after receipt of written notice from the manufacturer that it still intends to take adverse action against the dealer.

5. If the protest is timely filed, this commission shall notify the manufacturer of the filing of the protest, and the manufacturer shall not take any action adverse to the motor vehicle dealer until this commission renders a final determination, that the manufacturer's proposed action is in compliance with the provisions of this regulation.

Notes

30 Miss. Code. R. 1301-12.3

Miss. Code Ann. § 63-17-69 (Rev.1983).