2006 Code of Virginia § 46.2-1992.75 - Hearings and other remedies; civil penalties

46.2-1992.75. Hearings and other remedies; civil penalties.

A. In every case of a hearing before the Commissioner authorized under thisarticle, the Commissioner shall give reasonable notice of each hearing to allinterested parties, and the Commissioner's decision shall be binding on theparties, subject to the rights of judicial review and appeal as provided inChapter 40 ( 2.2-4000 et seq.) of Title 2.2.

B. Hearings before the Commissioner under this article shall commence withinninety days of the request for a hearing and the Commissioner's decisionshall be rendered within sixty days from the receipt of the hearing officer'srecommendation. Hearings authorized under this article shall be presided overby a hearing officer selected from a list prepared by the Executive Secretaryof the Supreme Court of Virginia. On request of the Commissioner, theExecutive Secretary will name a hearing officer from the list, selected on arotation system administered by the Executive Secretary. The hearing officershall provide recommendations to the Commissioner within ninety days of theconclusion of the hearing.

C. Notwithstanding any contrary provision of this article, the Commissionershall initiate investigations, conduct hearings, and determine the rights ofparties under this article whenever he is provided information indicating apossible violation of any provision of this article.

D. For purposes of any matter brought to the Commissioner under subdivisions3, 4, 5, 6 and 9 of 46.2-1992.69 with respect to which the Commissioner isto determine whether there is good cause for a proposed action or whether itwould be unreasonable under the circumstances, the Commissioner shallconsider:

1. The volume of the affected dealer's business in the relevant market area;

2. The nature and extent of the dealer's investment in its business;

3. The adequacy of the dealer's service facilities, equipment, parts,supplies, and personnel;

4. The effect of the proposed action on the community;

5. The extent and quality of the dealer's service under trailer warranties;

6. The dealer's performance under the terms of its franchise; and

7. Other economic and geographical factors reasonably associated with theproposed action.

With respect to subdivision 6 of this subsection, any performance standard orprogram for measuring dealership performance that may have a material effecton a dealer, and the application of any such standard or program by amanufacturer or distributor, shall be fair, reasonable, and equitable and, ifbased upon a survey, shall be based upon a statistically valid sample. Uponthe request of any dealer, a manufacturer or distributor shall disclose inwriting to the dealer a description of how a performance standard or programis designed and all relevant information used in the application of theperformance standard or program to that dealer.

E. An interested party in a hearing held pursuant to subsection A of thissection shall comply with the effective date of compliance established by theCommissioner in his decision in such hearing, unless a stay or extension ofsuch date is granted by the Commissioner or the Commissioner's decision isunder judicial review and appeal as provided in subsection A of this section.If, after notice to such interested party and an opportunity to comment, theCommissioner finds an interested party has not complied with his decision bythe designated date of compliance, unless a stay or extension of such datehas been granted by the Commissioner or the Commissioner's decision is underjudicial review and appeal, the Commissioner may assess such interested partya civil penalty not to exceed $1,000 per day of noncompliance. Civilpenalties collected under this subsection shall be deposited into theTransportation Trust Fund.

(1996, cc. 1043, 1052; 2000, c. 106.)