Oklahoma § 63-4037.1 - Relocating existing dealership within or into relevant

§ 63-4037.1. Relocating existing dealership within or into relevant

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

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.

Added by Laws 1990, c. 304, § 11, emerg. eff. May 30, 1990. Amended

by Laws 2022, c. 282, § 224, emerg. eff. May 19, 2022.