26 Del. Admin. Code § 7001-1.0 - Information Required

1.1 The following information must be supplied to the Public Service Commission of Delaware (the "Commission") with the manufacturer's notice of intention to establish an additional new motor vehicle dealer or to relocate an existing new motor vehicle dealer within or into a relevant market area where the same line-make is then represented.

1.1.1 All information and documentation on which the manufacturer intends to rely in the event of a hearing regarding the "permanency of investment" including but not limited to:

1.1.1.1 The exact location of the proposed dealership.

1.1.1.2 The proposed land area requirements for all and for each usage need(s) of the proposed dealership.

1.1.1.3 Information on exclusivity or nonexclusivity of line-make at the proposed dealership.

1.1.1.4 A certification that the information required in 1.1.1.1 through 1.1.1.3 above meets the manufacturer's standard minimim requirements for new dealerships.

1.1.2 All information and documentation on which the manufacturer intends to rely in the event of a hearing regarding the growth or decline in population and new car registrations in the relevant market area.

1.1.3 All information and documentation on which the manufacturer intends to rely in the event of a hearing regarding the effect on the consuming public in the relevant market area.

1.1.4 All information and documentation on which the manufacturer intends to rely in the event of a hearing regarding whether it will be injurious or beneficial to the public welfare for the proposed dealership to be established.

1.1.5 All information and documentation on which the manufacturer intends to rely in the event of a hearing regarding competition and convenient customer care, including but not limited to:

1.1.5.1 The demographics of the relevant marketing area or a reference to a published source that may be consulted to obtain such data.

1.1.5.2 The total distance, by a generally accepted measurement technique, between the proposed dealer and existing dealers.

1.1.6 All information and documentation on which the manufacturer intends to rely in the event of a hearing regarding the increase in actual competition that will be in the "public interest."

1.1.7 All information on which the manufacturer intends to rely in the event of a hearing concerning the effect on the relocating dealer of denial of its relocation.

1.2 Within ten (10) days following the filing of a protest pursuant to 6 Del.C. § 4915 (a), the manufacturer must submit a letter of intent signed by the manufacturer and proposed dealer.

Notes

26 Del. Admin. Code § 7001-1.0