Current through Reg. 49, No. 38; September 20, 2024
(a) A protesting
dealer has the burden to demonstrate standing to protest.
(b) Standing requirements are established by
the type of application.
(1) Protest of an
application to establish a dealership or to add a new line-make to an existing
dealership requires the protesting dealer to meet standing requirements under
Occupations Code, §
2301.652;
(2) Protest of an application to relocate a
dealership requires the protesting dealer to meet standing requirements under
Occupations Code, §
2301.652;
(3) Protest of an application to relocate a
dealership within an affected county or from an affected county to an adjacent
affected county requires the protesting dealer to meet standing requirements
under Occupations Code, §
2301.6521;
(4) Protest of an application to relocate an
economically impaired dealership requires the protesting dealer to meet
standing requirements under Occupations Code, §
2301.6522;
and
(5) Protest of an application
filed by a manufacturer, distributor, or representative for an extension of
time for ownership or control of a dealership requires the protesting dealer to
meet standing requirements under Occupations Code, §
2301.476.
(c) A person has standing to
protest an application to establish a dealership or to add a franchised
line-make at an existing dealership if:
(1)
the person is a franchised dealer of the same line-make; and
(2) the person's dealership is located either
in the same county as, or within 15 miles of, the dealership for which the
application was filed.
(d) Except as provided in subsections (e) and
(f) of this section, a person has standing to protest an application to
relocate a dealership or to relocate a franchised line-make of an existing
dealership if:
(1) the person is a franchised
dealer of the same line-make;
(2)
the person's dealership is located either in the same county as, or within 15
miles of, the dealership for which the application for relocation is
filed;
(3) the proposed relocation
site is more than two miles from the location where the dealership is currently
licensed; and
(4) the proposed
relocation site is nearer to the protesting franchised dealer than the location
from which the relocating dealership is currently licensed.
(e) An application may be filed
under Occupations Code, §
2301.6521
to relocate a dealership from a location in an affected county to a location
that is either within the same affected county or in an adjacent affected
county.
(1) No dealer has standing to protest
an application filed in accordance with this subsection if the proposed
relocation site is two miles or less from the relocating dealer's existing
licensed location.
(2) No dealer
has standing to protest an application filed in accordance with this subsection
if the proposed relocation site is farther from the protesting dealer's
licensed location than the relocating dealer's existing licensed
location.
(3) If a dealership of
the same line-make as the relocating dealership is located within 15 miles of
the proposed relocation site, then a person has standing to protest an
application to relocate filed in accordance with this subsection, if:
(A) the person is a franchised dealer of the
same line-make;
(B) the person's
dealership is located within 15 miles of the proposed relocation
site;
(C) the proposed relocation
site is more than two miles from the location where the dealership is currently
licensed; and
(D) the proposed
relocation site is nearer to the protesting franchised dealer than the location
from which the relocating dealership is currently licensed.
(4) If no dealership of the same
line-make as the relocating dealership is located within 15 miles of the
proposed relocation site, then a person has standing to protest an application
to relocate filed in accordance with this subsection, if:
(A) the person is a franchised dealer of the
same line-make;
(B) no other
dealership of the same line-make is located nearer to the proposed relocation
site;
(C) the person's dealership
is located in the same affected county as the relocating dealership is proposed
to be located;
(D) the proposed
relocation site is more than two miles from the location where the relocating
dealership is currently licensed; and
(E) the proposed relocation site is nearer to
the protesting franchised dealer than the location from which the relocating
dealership is currently licensed.
(f) If an economically impaired dealer files
an application under Occupations Code, §
2301.6522
to relocate its dealership, then a dealer may have standing to protest the
application if:
(1) the dealer is franchised
for a line-make that is the same as a line-make proposed to be
relocated;
(2) the proposed
relocation site is more than two miles closer to the protesting dealer's
dealership than the site of the economically impaired dealer's existing
licensed location; and
(3) there is
no other dealer located nearer to the proposed relocation site that is
franchised for a line-make that is proposed to be relocated.
(g) A dealer has standing to
protest an application for an extension of time that was filed by a
manufacturer, distributor, or representative under Occupations Code, §
2301.476
if:
(1) the protesting dealer is franchised
for a line-make being sold or serviced from the dealership owned or controlled
by a manufacturer, distributor, or representative; and
(2) the protesting dealer is located either
in the same county as, or within 15 miles of, the dealership owned or
controlled by the manufacturer, distributor, or representative.
