North Carolina Administrative Code
Title 19A - TRANSPORTATION
Chapter 03 - DIVISION OF MOTOR VEHICLES
Subchapter D - ENFORCEMENT SECTION
Section .0200 - MOTOR VEHICLE DEALER, SALES, DISTRIBUTOR AND FACTORY REPRESENTATIVE LICENSE
Section 03D .0231 - HEARINGS PURSUANT TO ARTICLES 12 AND 15 OF CHAPTER 20
Universal Citation: 19A NC Admin Code 03D .0231
Current through Register Vol. 39, No. 6, September 16, 2024
(a) The following shall be applicable to hearings requested under G.S. 20-296:
(1)
No license issued under this Article shall be suspended, revoked or renewal
refused until a hearing has been held before the Commissioner or a person
designated by him and licensee shall have been notified in writing ten days
prior to such hearing by certified mail to his last known address as shown by
records of the Division. Provided, however, if a licensee fails to maintain a
bond as required by
G.S.
20-288(e) or fails to
purchase dealer license plates as required by
G.S.
20-79, the Division shall cancel the dealer's
license subject to the provision that the licensee shall be granted a hearing
if requested in writing within ten days after the date of cancellation of such
license.
(2) Hearing shall be held
at a place designated by the Commissioner.
(3) The licensee shall be advised of the
decision of the Commissioner in writing by certified mail within 30 days of the
decision to his last known address as shown by records of the
Division.
(4) The decision of the
Commissioner or his duly authorized representative, after hearing, shall be
final and appeal therefrom shall be as provided in Chapter 150B of the North
Carolina General Statutes (G.S.
20-300).
(b) Except as otherwise provided, the North Carolina Rules of Civil Procedure will be applicable to hearings requested under N.C.G.S. 20-304 through 20-305.4.
(1) Action shall be initiated by the filing
of a petition with the Commissioner of Motor Vehicles, North Carolina Division
of Motor Vehicles, Raleigh, N. C. 27697, who shall serve a copy thereof on the
affected manufacturer by certified mail (return receipt requested) with notice
that such manufacturer shall reply to the subject petition of the dealer within
30 days.
(2) Petitioner and
replies:
(A) The form of the petition shall
be the same as that required for filing of petitions in the superior court and
there shall be attached thereto a copy of the franchise agreement between the
dealer and manufacturer.
(B) The
form of the reply to the petition shall be the same as required for the filing
of a reply to a petition in the superior court and there shall be attached
thereto a copy of the franchise agreement between the manufacturer and
dealer.
(C) Exhibits and supporting
documents shall be attached to the petition or reply at the time of
filing.
(3) The hearing
shall be held at a place designated by the Commissioner upon 20 days written
notice to both the petitioner and respondent.
(A) It shall be the obligation of the parties
involved to have present at any hearing all witnesses which the parties desire
to be heard.
(B) The parties shall
be advised of the decision of the Commissioner in writing by certified mail to
the addresses as shown in the pleadings filed in the action.
(4) The decision of the
Commissioner or his duly authorized representative after hearing shall be final
and appeal therefrom shall be as provided in Chapter 150B of the North Carolina
General Statutes (G.S. 20-300).
Authority
G.S.
20-1;
20-294 through
20-296;
20-301 through
20-305;
20-305.1 through
20-305.3;
Eff. June 1,
1988;
Amended Eff. January 1, 1994; October 1, 1991; October 1,
1989;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. September 22,
2018.
Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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