Okla. Stat. tit. 47, § 47-578.1

vehicle or new powersports vehicle dealers within certain areas.

A. Notwithstanding the terms of a franchise and notwithstanding

the terms of a waiver, if a factory intends or proposes to enter

into a franchise to establish an additional new motor vehicle or

powersports vehicle dealer or to relocate an existing new motor

vehicle or powersports vehicle dealer within or into a relevant

market area in which the same line-make of motor vehicle is

currently represented, the factory shall provide at least sixty (60)

days advance written notice to the Commission and to each new motor

vehicle or powersports vehicle dealer of the same line-make in the

relevant market area, of the intention of the factory to establish

an additional dealer or to relocate an existing dealer within or

into the relevant market area. For purposes of this section, any

mileage distance shall be measured on a straight line from the

nearest property boundary points for the dealership properties at

issue. Further, for purposes of this section, the “relevant market

area” means the area within a radius of fifteen (15) miles around

the site of the proposed new motor vehicle or powersports vehicle

dealership measured from the property boundary of primary dealership

property. The notice shall be sent by certified mail to each party

and shall include the following information:

Oklahoma Statutes - Title 47. Motor Vehicles Page 883

1. The specific location at which the additional or relocated

dealer will be established;

2. The date on or after which the additional or relocated

dealer intends to commence business at the proposed location;

3. The identity of all dealers who are franchised to sell the

same line-make vehicles as the proposed dealer and who have licensed

locations within the relevant market area;

4. The names and addresses of the person intended to be

franchised as the proposed additional or relocated dealership, the

principal investors in the proposed additional or relocated

dealership, and the proposed dealer operator of the proposed

additional or relocated dealership; and

5. The specific grounds or reasons for the proposed

establishment of an additional dealer or relocation of an existing

dealer.

B. The notification requirements prescribed in subsection A of

this section shall not apply if:

1. The relocation of an existing dealer is within the relevant

market area of that dealer; provided, that the relocation not be at

a site within ten (10) miles of a licensed dealer for the same line-

make of vehicle;

2. A proposed additional dealer which is to be established at

or within two (2) miles of a location at which a former licensed

dealer for the same line-make of vehicle had ceased operating within

the previous two (2) years;

3. The relocation of an existing dealer is within two (2) miles

of the existing site of the dealership; or

4. The proposed site for the relocation of an existing dealer

is farther away from all other dealers of the same line-make in that

relevant market area.

C. Within thirty (30) days after receipt of the notice, or

within thirty (30) days after the end of an appeal procedure

provided by the factory, whichever is greater, a new motor vehicle

dealer or new powersports vehicle dealer so notified or entitled to

notice may file a petition with the Commission protesting the

proposed establishment or relocation. The petition shall contain a

short statement setting forth the reasons for the objection of the

new motor vehicle dealer to the proposed establishment or

relocation. Upon filing of a protest, the Commission shall promptly

notify the factory that a timely protest has been filed and shall

schedule a hearing, which shall be held within one hundred twenty
he

proposed establishment or relocation. The petition shall contain a

short statement setting forth the reasons for the objection of the

new motor vehicle dealer to the proposed establishment or

relocation. Upon filing of a protest, the Commission shall promptly

notify the factory that a timely protest has been filed and shall

schedule a hearing, which shall be held within one hundred twenty

(120) days of the filing of a timely protest. The factory shall not

establish or relocate the dealer until the Commission has held a

hearing and has determined that there is good cause for permitting

the proposed establishment or relocation. When more than one

protest is filed against the establishment or relocation of the same

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dealer, the Commission shall consolidate the hearings to expedite

disposition of the matter.

D. The burden of proof to establish that good cause exists for

permitting the proposed establishment of a new motor vehicle or new

powersports vehicle dealer or relocating an existing dealership

shall be on the applicant who seeks to establish a dealership or the

relocation of an existing dealership.