26 Del. Admin. Code § 7001-2.0 - Procedures

2.1 The Commission Staff shall review all filings to insure compliance with the minimum filing requirements and shall notify the manufacturer within ten (10) days after the date of filing of any defects in compliance. After notification of non-compliance, the manufacturer shall have twenty (20) days to correct the defects. The time period for filing the protest under 29 Del.C. § 4915 (a) shall begin to run from the date of the filing of the notice of intent in full compliance with the filing requirements.

2.2 An existing dealer or party with an interest in the siting of the proposed dealership in the relevant market area may request additional information and documentation directly from the manufacturer and the parties may communicate and negotiate directly without Commission intervention. If the existing dealer or party with an interest in the relevant market area of a proposed dealership is still not satisfied with the response to its request, it may request that the Commission, pursuant to its authority in the docket for siting the proposed dealership, require the submission of the data and/or information, if the Commission concludes it is appropriate and relevant to the ripeness of the manufacturer's intent.

2.3 The Commission or Hearing Examiner may, in its discretion, permit the manufacturer to submit evidence at the hearing that was not submitted with the notice of intent:

2.3.1 if submission of the information and/or documentation is not required by this rule;

2.3.2 if there is good cause shown;

2.3.3 if the submission of the information will not cause unfair prejudice; or

2.3.4 if the consideration of the information is in the interest of justice and the efficient administration of the hearing.

Notes

26 Del. Admin. Code § 7001-2.0