Okla. Stat. tit. 63, § 63-4037.1
This is the official text of Okla. Stat. tit. 63, § 63-4037.1, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Relocating existing dealership within or into relevant
Official statutory text
market area where same product line is represented.
In the event that a dealer seeks to establish a new vessel or
new motor dealership or relocate an existing vessel or motor
dealership within or into a relevant market area where the same
product line is then represented, the dealer shall notify Service
Oklahoma and each new vessel or new motor dealer of such product
line in the relevant market area of the intention to establish or
relocate a dealership within or into that market area. The relevant
market area is the area within a radius of fifteen (15) miles of the
site of the proposed new vessel or new motor dealership. Within
fifteen (15) days of receiving such notice such new vessel or new
motor dealer may file with Service Oklahoma a protest to the
establishing or relocating of the proposed new vessel or new motor
dealership. When such a protest is filed, Service Oklahoma shall
inform the dealer that a timely protest has been filed, and that the
dealer shall not establish or relocate the proposed new vessel or
new motor dealership until Service Oklahoma has held a hearing, nor
thereafter, if Service Oklahoma has determined that there is good
cause for not permitting such new vessel or new motor dealership.
The manufacturer or factory representative of the same product line
may obtain a waiver of protest from each new vessel or new motor
dealer of the same product line within that relevant market area.
If a waiver of protest from each dealer within the relevant market
area is not attached to the application for the new dealer seeking
Oklahoma Statutes - Title 63. Public Health and Safety Page 1645
to establish, Service Oklahoma shall render a final decision no
later than sixty (60) days after Service Oklahoma's receipt of the
notice of protest. In any hearing held pursuant to this section on
additional dealerships or relocation of dealerships the new dealer
or existing dealer relocating shall have the burden of proof. For
the purposes of this section, the reopening in a relevant market
area of a new vessel or new motor dealership that has not been in
operation for two (2) years or more shall be deemed the
establishment of a new vessel or new motor dealership. For the
purpose of this section, the designation of an additional location
in an existing dealership agreement shall be deemed to be the
establishment of a new vessel or new motor dealership.
In the event that a dealer seeks to establish a new vessel or
new motor dealership or relocate an existing vessel or motor
dealership within or into a relevant market area where the same
product line is then represented, the dealer shall notify Service
Oklahoma and each new vessel or new motor dealer of such product
line in the relevant market area of the intention to establish or
relocate a dealership within or into that market area. The relevant
market area is the area within a radius of fifteen (15) miles of the
site of the proposed new vessel or new motor dealership. Within
fifteen (15) days of receiving such notice such new vessel or new
motor dealer may file with Service Oklahoma a protest to the
establishing or relocating of the proposed new vessel or new motor
dealership. When such a protest is filed, Service Oklahoma shall
inform the dealer that a timely protest has been filed, and that the
dealer shall not establish or relocate the proposed new vessel or
new motor dealership until Service Oklahoma has held a hearing, nor
thereafter, if Service Oklahoma has determined that there is good
cause for not permitting such new vessel or new motor dealership.
The manufacturer or factory representative of the same product line
may obtain a waiver of protest from each new vessel or new motor
dealer of the same product line within that relevant market area.
If a waiver of protest from each dealer within the relevant market
area is not attached to the application for the new dealer seeking
Oklahoma Statutes - Title 63. Public Health and Safety Page 1645
to establish, Service Oklahoma shall render a final decision no
later than sixty (60) days after Service Oklahoma's receipt of the
notice of protest. In any hearing held pursuant to this section on
additional dealerships or relocation of dealerships the new dealer
or existing dealer relocating shall have the burden of proof. For
the purposes of this section, the reopening in a relevant market
area of a new vessel or new motor dealership that has not been in
operation for two (2) years or more shall be deemed the
establishment of a new vessel or new motor dealership. For the
purpose of this section, the designation of an additional location
in an existing dealership agreement shall be deemed to be the
establishment of a new vessel or new motor dealership.
Status: in_force · Read it on the official government site
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