N.J. Admin. Code § 13:21-19.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:21-19.2 - Failure of franchisor to provide actual notice; protest letter; time for filing

(a) When a motor vehicle franchisor has failed to provide advance written notice to a motor vehicle franchisee entitled to receive advance written notice pursuant to 56:10-19 or did not provide a motor vehicle franchisee with any appeal procedure to which the parties consented, a protesting motor vehicle franchisee may file a protest letter with the Chairman of the Motor Vehicle Franchise Committee.

1. If advance written notice of intent was not served on the protesting franchisee(s), the protest letter shall be filed within 30 days of the date the franchisee(s) first learned of the motor vehicle franchisor's intention to grant, relocate, reopen or reactivate a franchise or establish, relocate, reopen or reactivate a business, or within 10 days of the occurrence of that action, whichever is earlier.

2. If advance written notice of intent was not received by the protesting franchisee(s), the franchisee(s) shall include with its protest letter a sworn affidavit detailing when and how the franchisee(s) became aware of the franchisor's intent to perform an action regulated by the Act. An original and three copies of the protest letter and affidavit shall be filed with the Chairman.

3. If a motor vehicle franchisor does not provide the protesting franchisee(s) with any appeal procedure to which the parties consented, the protest letter shall be filed within 30 days of the date the protesting franchisee(s) first learned that the appeal procedure would not be provided.

N.J. Admin. Code § 13:21-19.2

Amended by R.2006 d.250, effective 7/3/2006.
See: 38 N.J.R. 445(a), 38 N.J.R. 2875(a).
In (a), substituted "has" for "had"; in (a)1, deleted "of" following "date".