{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-578.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-578.1","heading":"Procedures for establishing or relocating new motor","body":"vehicle or new powersports vehicle dealers within certain areas.\n\nA. Notwithstanding the terms of a franchise and notwithstanding\n\nthe terms of a waiver, if a factory intends or proposes to enter\n\ninto a franchise to establish an additional new motor vehicle or\n\npowersports vehicle dealer or to relocate an existing new motor\n\nvehicle or powersports vehicle dealer within or into a relevant\n\nmarket area in which the same line-make of motor vehicle is\n\ncurrently represented, the factory shall provide at least sixty (60)\n\ndays advance written notice to the Commission and to each new motor\n\nvehicle or powersports vehicle dealer of the same line-make in the\n\nrelevant market area, of the intention of the factory to establish\n\nan additional dealer or to relocate an existing dealer within or\n\ninto the relevant market area. For purposes of this section, any\n\nmileage distance shall be measured on a straight line from the\n\nnearest property boundary points for the dealership properties at\n\nissue. Further, for purposes of this section, the “relevant market\n\narea” means the area within a radius of fifteen (15) miles around\n\nthe site of the proposed new motor vehicle or powersports vehicle\n\ndealership measured from the property boundary of primary dealership\n\nproperty. The notice shall be sent by certified mail to each party\n\nand shall include the following information:\n\n1. The specific location at which the additional or relocated\n\ndealer will be established;\n\n2. The date on or after which the additional or relocated\n\ndealer intends to commence business at the proposed location;\n\n3. The identity of all dealers who are franchised to sell the\n\nsame line-make vehicles as the proposed dealer and who have licensed\n\nlocations within the relevant market area;\n\n4. The names and addresses of the person intended to be\n\nfranchised as the proposed additional or relocated dealership, the\n\nprincipal investors in the proposed additional or relocated\n\ndealership, and the proposed dealer operator of the proposed\n\nadditional or relocated dealership; and\n\n5. The specific grounds or reasons for the proposed\n\nestablishment of an additional dealer or relocation of an existing\n\ndealer.\n\nB. The notification requirements prescribed in subsection A of\n\nthis section shall not apply if:\n\n1. The relocation of an existing dealer is within the relevant\n\nmarket area of that dealer; provided, that the relocation not be at\n\na site within ten (10) miles of a licensed dealer for the same line-\n\nmake of vehicle;\n\n2. A proposed additional dealer which is to be established at\n\nor within two (2) miles of a location at which a former licensed\n\ndealer for the same line-make of vehicle had ceased operating within\n\nthe previous two (2) years;\n\n3. The relocation of an existing dealer is within two (2) miles\n\nof the existing site of the dealership; or\n\n4. The proposed site for the relocation of an existing dealer\n\nis farther away from all other dealers of the same line-make in that\n\nrelevant market area.\n\nC. Within thirty (30) days after receipt of the notice, or\n\nwithin thirty (30) days after the end of an appeal procedure\n\nprovided by the factory, whichever is greater, a new motor vehicle\n\ndealer or new powersports vehicle dealer so notified or entitled to\n\nnotice may file a petition with the Commission protesting the\n\nproposed establishment or relocation. The petition shall contain a\n\nshort statement setting forth the reasons for the objection of the\n\nnew motor vehicle dealer to the proposed establishment or\n\nrelocation. Upon filing of a protest, the Commission shall promptly\n\nnotify the factory that a timely protest has been filed and shall\n\nschedule a hearing, which shall be held within one hundred twenty\nhe\n\nproposed establishment or relocation. The petition shall contain a\n\nshort statement setting forth the reasons for the objection of the\n\nnew motor vehicle dealer to the proposed establishment or\n\nrelocation. Upon filing of a protest, the Commission shall promptly\n\nnotify the factory that a timely protest has been filed and shall\n\nschedule a hearing, which shall be held within one hundred twenty\n\n(120) days of the filing of a timely protest. The factory shall not\n\nestablish or relocate the dealer until the Commission has held a\n\nhearing and has determined that there is good cause for permitting\n\nthe proposed establishment or relocation. When more than one\n\nprotest is filed against the establishment or relocation of the same\n\ndealer, the Commission shall consolidate the hearings to expedite\n\ndisposition of the matter.\n\nD. The burden of proof to establish that good cause exists for\n\npermitting the proposed establishment of a new motor vehicle or new\n\npowersports vehicle dealer or relocating an existing dealership\n\nshall be on the applicant who seeks to establish a dealership or the\n\nrelocation of an existing dealership.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b1ff51ecd28bc541fcfbe3a8b108cbafd3ca147763203a7f1dfd7a1cda9d8760","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-577","next":"us-ok/okla.-stat.-tit.-47-47-579"},"notice":"GroundRules: Original legal text. Not legal advice."}