| (a) A protesting dealer has the burden to demonstrate
standing to protest.
(b) Standing requirements are established by the type
of application.
(1) Protest of an application to establish a dealership
or to add a new line-make to an existing dealership requires the protesting
dealer to meet standing requirements under Occupations Code, §2301.652;
(2) Protest of an application to relocate a dealership
requires the protesting dealer to meet standing requirements under
Occupations Code, §2301.652;
(3) Protest of an application to relocate a dealership
within an affected county or from an affected county to an adjacent
affected county requires the protesting dealer to meet standing requirements
under Occupations Code, §2301.6521;
(4) Protest of an application to relocate an economically
impaired dealership requires the protesting dealer to meet standing
requirements under Occupations Code, §2301.6522; and
(5) Protest of an application filed by a manufacturer,
distributor, or representative for an extension of time for ownership
or control of a dealership requires the protesting dealer to meet
standing requirements under Occupations Code, §2301.476.
(c) A person has standing to protest an application
to establish a dealership or to add a franchised line-make at an existing
dealership if:
(1) the person is a franchised dealer of the same line-make;
and
(2) the person's dealership is located either in the
same county as, or within 15 miles of, the dealership for which the
application was filed.
(d) Except as provided in subsections (e) and (f) of
this section, a person has standing to protest an application to relocate
a dealership or to relocate a franchised line-make of an existing
dealership if:
(1) the person is a franchised dealer of the same line-make;
(2) the person's dealership is located either in the
same county as, or within 15 miles of, the dealership for which the
application for relocation is filed;
(3) the proposed relocation site is more than two miles
from the location where the dealership is currently licensed; and
(4) the proposed relocation site is nearer to the protesting
franchised dealer than the location from which the relocating dealership
is currently licensed.
(e) An application may be filed under Occupations Code,
§2301.6521 to relocate a dealership from a location in an affected
county to a location that is either within the same affected county
or in an adjacent affected county.
(1) No dealer has standing to protest an application
filed in accordance with this subsection if the proposed relocation
site is two miles or less from the relocating dealer's existing licensed
location.
(2) No dealer has standing to protest an application
filed in accordance with this subsection if the proposed relocation
site is farther from the protesting dealer's licensed location than
the relocating dealer's existing licensed location.
(3) If a dealership of the same line-make as the relocating
dealership is located within 15 miles of the proposed relocation site,
then a person has standing to protest an application to relocate filed
in accordance with this subsection, if:
(A) the person is a franchised dealer of the same line-make;
(B) the person's dealership is located within 15 miles
of the proposed relocation site;
(C) the proposed relocation site is more than two miles
from the location where the dealership is currently licensed; and
(D) the proposed relocation site is nearer to the protesting
franchised dealer than the location from which the relocating dealership
is currently licensed.
(4) If no dealership of the same line-make as the relocating
dealership is located within 15 miles of the proposed relocation site,
then a person has standing to protest an application to relocate filed
in accordance with this subsection, if:
(A) the person is a franchised dealer of the same line-make;
(B) no other dealership of the same line-make is located
nearer to the proposed relocation site;
(C) the person's dealership is located in the same
affected county as the relocating dealership is proposed to be located;
(D) the proposed relocation site is more than two miles
from the location where the relocating dealership is currently licensed;
and
(E) the proposed relocation site is nearer to the protesting
franchised dealer than the location from which the relocating dealership
is currently licensed.
(f) If an economically impaired dealer files an application
under Occupations Code, §2301.6522 to relocate its dealership,
then a dealer may have standing to protest the application if:
(1) the dealer is franchised for a line-make that is
the same as a line-make proposed to be relocated;
(2) the proposed relocation site is more than two miles
closer to the protesting dealer's dealership than the site of the
economically impaired dealer's existing licensed location; and
(3) there is no other dealer located nearer to the
proposed relocation site that is franchised for a line-make that is
proposed to be relocated.
(g) A dealer has standing to protest an application
for an extension of time that was filed by a manufacturer, distributor,
or representative under Occupations Code, §2301.476 if:
(1) the protesting dealer is franchised for a line-make
being sold or serviced from the dealership owned or controlled by
a manufacturer, distributor, or representative; and
(2) the protesting dealer is located either in the
same county as, or within 15 miles of, the dealership owned or controlled
by the manufacturer, distributor, or representative.
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| Source Note: The provisions of this §215.119 adopted to be effective January 6, 2013, 37 TexReg 10255; amended to be effective March 11, 2014, 39 TexReg 1728; amended to be effective February 13, 2017, 42 TexReg 571 |
