In the Commonwealth, there is a general prohibition against a motor vehicle manufacturer operating as both a manufacturer and a dealer of motor vehicles, subject to exceptions. One exception is when the Commissioner, after an administrative hearing, finds that there is no dealer independent of the manufacturer in the community or trade area to own and operate a dealership consistent with the public interest.
The general timeline and framework for administrative hearings under Va. Code §§ 46.2-15 72(4) and 46.2-1573 consist of the following:
- A party submits a request for a hearing.
- If DMV grants the hearing, a hearing officer from the Office of the Executive Secretary of the Supreme Court is appointed within 60 days of the hearing request.
- A prehearing conference must take place within 90 days of the hearing request.
- The parties and hearing officer schedule the hearing on a date or dates “consistent with the rights of due process of the parties.”
- At the conclusion of the hearing, the hearing officer must issue a recommended decision within 90 days.
- After receiving the recommended decision, DMV has 60 days to issue a final decision.
There is a similar prohibition and exception for RVs, trailers and motorcycles. Unlike hearings under Va. Code § 46.2-15 72(4), hearings for manufacturers of RVs, trailers and motorcycles must take place within 90 days of the hearing request.
To request a hearing, please contact Diane Adams-Strickland, DMV Dealer Affairs Program Administrator.
Email: diane.adams-strickland@dmv.virginia.gov