46.2-1573 - Hearings and other remedies; civil penalties.
§ 46.2-1573. Hearings and other remedies; civil penalties.
A. In every case of a hearing before the Commissioner authorized under thisarticle, the Commissioner shall give reasonable notice of each hearing to allinterested parties, and the Commissioner's decision shall be binding on theparties, subject to the rights of judicial review and appeal as provided inChapter 40 (§ 2.2-4000 et seq.) of Title 2.2.
B. The hearing process before the Commissioner under this article shallcommence within 90 days of the request for a hearing by prehearing conferencebetween the hearing officer and the parties in person, by telephone, or byother electronic means designated by the Commissioner. The hearing officerwill set the hearing on a date or dates consistent with the rights of dueprocess of the parties. The Commissioner's decision shall be rendered within60 days from the receipt of the hearing officer's recommendation. Hearingsauthorized under this article shall be presided over by a hearing officerselected from a list prepared by the Executive Secretary of the Supreme Courtof Virginia within 60 days following the request for a hearing. On request ofthe Commissioner, the Executive Secretary will name a hearing officer fromthe list, selected on a rotation system administered by the ExecutiveSecretary. The hearing officer shall provide recommendations to theCommissioner within ninety days of the conclusion of the hearing.
C. Notwithstanding any contrary provision of this article, the Commissionershall initiate investigations, conduct hearings, and determine the rights ofparties under this article whenever he is provided information by the MotorVehicle Dealer Board or any other person indicating a possible violation ofany provision of this article.
D. For purposes of any matter brought to the Commissioner under subdivisions3, 4, 5, 6 and 7b of § 46.2-1569 with respect to which the Commissioner is todetermine whether there is good cause for a proposed action or whether itwould be unreasonable under the circumstances, the Commissioner shallconsider:
1. The volume of the affected dealer's business in the relevant market area;
2. The nature and extent of the dealer's investment in its business;
3. The adequacy of the dealer's capitalization to the franchisor's standardsand the adequacy of the dealer's facilities, equipment, parts, supplies, andpersonnel;
4. The effect of the proposed action on the community;
5. The extent and quality of the dealer's service under motor vehiclewarranties;
6. The dealer's performance under the terms of its franchise;
7. Other economic and geographical factors reasonably associated with theproposed action; and
8. The recommendations, if any, from a three-member panel composed of membersof the Board who are franchised dealers not of the same line-make involved inthe hearing and who are appointed to the panel by the Commissioner.
E. An interested party in a hearing held pursuant to subsection A of thissection shall comply with the effective date of compliance established by theCommissioner in his decision in such hearing, unless a stay or extension ofsuch date is granted by the Commissioner or the Commissioner's decision isunder judicial review and appeal as provided in subsection A of this section.If, after notice to such interested party and an opportunity to comment, theCommissioner finds an interested party has not complied with his decision bythe designated date of compliance, unless a stay or extension of such datehas been granted by the Commissioner or the Commissioner's decision is underjudicial review and appeal, the Commissioner may assess such interested partya civil penalty not to exceed $1,000 per day of noncompliance. Civilpenalties collected under this subsection shall be deposited into theTransportation Trust Fund.
(1988, c. 865, § 46.1-550.5:32; 1989, c. 727; 1992, c. 115; 1994, c. 702;1995, cc. 767, 816; 2000, c. 106; 2001, cc. 165, 173; 2009, cc. 173, 176;2010, cc. 284, 318.)