R151. Commerce, Administration.
R151-35. Powersport Vehicle Franchise Act Rule.
This rule shall be known as the "Powersport Vehicle Franchise Act Rule".
R151-35-2. Authority - Purpose.
In accordance with the Powersport Vehicle Franchise Act, Title 13, Chapter 35, this rule governs adjudicative proceedings before the Utah Powersport Vehicle Franchise Advisory Board and the executive director of the Department of Commerce, and is adopted under the authority of Subsection 13-35-104(2).
R151-35-3. Adjudicative Proceedings.
(1) Informal Proceeding. Adjudicative proceedings before the board and the executive director are designated as informal adjudicative proceedings.
(2) Applicable Rules. In addition to Title 63G, Chapter 4, Utah Administrative Procedures Act, any adjudicative proceedings under the Powersport Vehicle Franchise Act shall be conducted in accordance with this rule and with the Department of Commerce Administrative Procedures Act Rule, R151-4.
(3) Procedure for Substitution of Presiding Officer. In accordance with Subsection 63G-4-103(1)(h), the executive director of the department may upon the executive directgor's own motion substitute an administrative law judge as the presiding officer to conduct certain aspects of the adjudicative proceedings before the board if the executive director determines that fairness to the parties would not be compromised by such substitution. The substitution order shall give any party who feels that such substitution would compromise fairness an opportunity to request the executive director to reconsider the substitution by submitting written objections and supporting arguments to the executive director. Upon reconsideration, the executive director may leave the order intact or make such other orders as the executive director deems appropriate.
(4) Submissions. Except as otherwise expressly required or permitted in this Rule or in the Powersport Vehicle Franchise Act, all correspondence or other submissions shall be directed to the chair of the Utah Powersport Vehicle Franchise Advisory Board at the Utah Department of Commerce.
(5) Form of Pleadings. A notice of agency action by the agency shall comply with the requirements of the Utah Administrative Procedures Act, Subsection 63G-4-201(2). A request to commence an adjudicative proceeding pursuant to Subsection 13-35-107(1), shall be a pleading headed "BEFORE THE DEPARTMENT OF COMMERCE, UTAH POWERSPORT VEHICLE FRANCHISE ADVISORY BOARD" and captioned "Request for Agency Action." The pleading shall substantially comply with the Utah Administrative Procedures Act, Section 63G-4-201(3), and the Department of Commerce Administrative Procedures Act Rule, R151-4-201 to R151-4-205.
(6) Answer. If the presiding officer determines that an answer to any notice of agency action or request for agency action would be helpful to the proceedings, the presiding officer may order a party to the proceedings to file an answer.
(7) Memoranda. If the presiding officer determines that prehearing briefs would be helpful to the proceedings, the presiding officer may order the parties to submit memoranda in accordance with any scheduling order entered by the presiding officer.
(8) GRAMA. Any request for records of the proceedings before the board and the executive director will be governed by the Government Records Access and Management Act (GRAMA), Section 63G-2-101 et seq. Any schedule of records classifications maintained by the department shall be made available to the parties upon request.
(1) Each newly formed or otherwise not previously registered franchisor or franchisee shall request an initial registration form from the department.
(2) Annual Renewals. The department shall provide a renewal form to each registered franchisor and franchisee at least 30 and not more than 60 days prior to the expiration of the current registration.
(3) A registrant may use the form provided by the department as its initial or renewal registration or may submit a registration or renewal request in another format so long as that request contains the following information:
(a) Name of dealership/ or manufacturer;
(b) Address of dealership/ or manufacturer;
(c) Owners or stockholders and percentage of holding (5% or above only);
(d) Line-makes manufactured, distributed, or sold;
(e) If applicable, dealer number; and
(f) Name and address of person designated for receiving notices or process pursuant to the Powersport Vehicle Franchise Act.
(4) The processing of an application for registration by the department may be delayed for a reasonable time to give the registrant an opportunity to cure technical defects in an application for registration.
KEY: motorcycles, powersport vehicles, off road vehicles, franchises
Date of Last Change: September 20, 2021
Notice of Continuation: July 16, 2021
Authorizing, and Implemented or Interpreted Law: 13-35-101 et seq.