§ 20-308.16. Powers of Commissioner. - North Carolina Statutes

§ 20‑308.16.  Powers ofCommissioner.

(a)        The Commissionershall promote the interests of the retail buyer of motor vehicles.

(b)        The Commissionershall have power to prevent unfair or deceptive acts or practices and otherviolations of this Article. Any franchised new motor vehicle dealer whobelieves that a captive finance source with whom the dealer does business inNorth Carolina has violated or is currently violating any provision of thisArticle may file a petition before the Commissioner setting forth the factualand legal basis for such violations. The Commissioner shall promptly forward acopy of the petition to the named captive finance source requesting a reply tothe petition within 30 days. Allowing for sufficient time for the parties toconduct discovery, the Commissioner or his designee shall then hold anevidentiary hearing and render findings of fact and conclusions of law based onthe evidence presented.

(c)        The Commissionershall have the power in hearings arising under this Article to enter schedulingorders and limit the time and scope of discovery; to determine the date, time,and place where hearings are to be held; to subpoena witnesses; to takedepositions of witnesses; and to administer oaths.

(d)        The Commissionermay, whenever he shall believe from evidence submitted to him that any personhas been or is violating any provision of this Article, in addition to anyother remedy, bring an action in the name of the State against that person andany other persons concerned or in any way participating in, or about toparticipate in, practices or acts so in violation, to enjoin any persons fromcontinuing the violations.

(e)        The Commissionermay issue rules and regulations to implement the provisions of this section andto establish procedures related to administrative proceedings commenced underthis section.

(f)         In the event thata dealer, who is permitted or required to file a notice, protest, or petitionbefore the Commissioner within a certain period of time in order to adjudicate,enforce, or protect rights afforded the dealer under this Article, voluntarilyelects to appeal a policy, determination, or decision of the captive financesource through an appeals board or internal grievance procedure of the captivefinance source, or to participate in or refer the matter to mediation,arbitration, or other alternative dispute resolution procedure or processestablished or endorsed by the captive finance source, the applicable period oftime for the dealer to file the notice, protest, or petition before theCommissioner under this Article shall not commence until the captive financesource's appeal board or internal grievance procedure, mediation, arbitration,or appeals process of the captive finance source has been completed and thedealer has received notice in writing of the final decision or result of theprocedure or process. Nothing, however, contained in this subsection shall bedeemed to require that any dealer exhaust any internal grievance or otheralternative dispute process required or established by the captive financesource before seeking redress from the Commissioner as provided in thisArticle. (2005‑409,s. 3.)