250c014.doc - 29-250 DEPARTMENT OF SECRETARY OF STATE BUREAU OF MOTOR VEHICLES Chapter 14 RULES FOR THE MAINE MOTOR VEHICLE FRANCHISE BOARD SUMMARY

250c014.doc - 29-250 DEPARTMENT OF SECRETARY OF STATE...

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29-250 DEPARTMENT OF SECRETARY OF STATE BUREAU OF MOTOR VEHICLES Chapter 14: RULES FOR THE MAINE MOTOR VEHICLE FRANCHISE BOARD SUMMARY : These rules establish procedures for the conduct of adjudicatory proceedings before the Maine Motor Vehicle Franchise Board. They should be read in conjunction with the statutory provisions of the Maine Motor Vehicle Franchise law 10 M.R.S.A. Chapter 204. APPLICABILITY ; These rules govern all practice before the Maine Motor Vehicle Franchise Board(“Board”), subject to and in accordance with the Board’s enabling statute, 10 M.R.S.A. § 1187 to 1190-A and the provisions of the Maine Administrative Procedure Act, 5 M.R.S.A. §§ 8001-11008. These rules shall apply to any person or entity defined by 10 MRSA Ch.204, §§ 1171 et seq. and any intervenor who is involved in a proceeding before the Maine Motor Vehicle Franchise Board. These rules guide the Board in carrying out its duties prescribed in 10 M.R.S.A. Chapter 204. Rules of the Maine Motor Vehicle Franchise Board TABLE OF CONTENTS Section Page §1. Purpose .............................................................................................................................................. 2 §2. Motor Vehicle Franchise Board .......................................................................................................... 2 §3. Commencement of Proceeding, Service, Intervention and Form of Submissions .............................. 3 §4. Prehearing Procedure ......................................................................................................................... 7 §5. Adjudicatory Proceedings ............................................................................................................... 10 §6. Hearings and Evidence ..................................................................................................................... 12 §7. Decisions, Penalties and Fees ........................................................................................................... 16
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29-250 Chapter 14 page 2 §1. Purpose 1. Purpose. The purpose of these rules is to establish the operating procedures through which the Maine Motor Vehicle Franchise Board (Board) will enforce the provisions of 10 MRSA Ch.204, §§ 1171 et seq. These rules shall be construed to secure just, speedy and efficient determination of all matters pending before the Board. Procedures not specifically addressed by these rules shall be governed by the Maine Rules of Civil Procedure. 2. The rules of the Maine Motor Vehicle Franchise Board govern all actions pending on or filed with the Board after their effective date. A. Amendments to these rules will govern those proceedings pending on or begun after their effective date, except as the Chair determines that the application of one or more of the amendments in a particular proceeding pending when the amendment took effect would not be feasible or would work injustice, in which event the Chair need not abide by those amendments. B. 10 M.R.S.A. §§ 1187-A requires the Board to impose an initial assessment upon each motor vehicle dealer and each motor vehicle manufacturer. In order to carry out its statutory mandate pursuant to this section of the law, the Board is required to determine annually whether to increase that assessment. It will notify each motor vehicle dealer and manufacturer of any change in the annual assessment. 3. Definitions. Terms used in these rules are defined below or are as defined in Tit. 10 M.R.S.A. Chapter 204.
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