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§47-578.
§47-578.
In the event that a manufacturer seeks to enter into a franchise
establishing a new motor vehicle dealership or relocating an existing
new motor vehicle dealership within or into a relevant market area
where the same line-make is then represented, the manufacturer shall
in writing first notify the Oklahoma Motor Vehicle Commission and each
new motor vehicle dealer of such line-make 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 motor vehicle
dealership. Within fifteen (15) days of receiving such notice such new
motor vehicle dealer may file with the Commission a protest to the
establishing or relocating of the proposed new motor vehicle
dealership. When such a protest is filed, the Commission shall inform
the manufacturer that a timely protest has been filed, and that the
manufacturer shall not establish or relocate the proposed new motor
vehicle dealership until the Commission has held a hearing, nor
thereafter, if the Commission has determined that there is good cause
for not permitting such new motor vehicle dealership. The Commission
shall render a final decision no later than sixty (60) days after the
Commission's receipt of the notice of protest. In any hearing held
under this section on additional dealerships or relocation of
dealerships the protesting dealer or dealers shall have the burden of
proof. For the purposes of this section, the reopening in a relevant
market area of a new motor vehicle dealership that has not been in
operation for two (2) years or more shall be deemed the establishment
of a new motor vehicle dealership. Furthermore, the relocation of an
existing dealer within its area of responsibility shall not be subject
to this section, provided the proposed relocation site is not within
five (5) miles of an existing dealer of the same line-make. For the
purpose of this section, the designation of an additional location in
an existing franchise agreement shall be deemed to be the
establishment of a new motor vehicle dealership.
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