New Hampshire Code of Administrative Rules Mvi - N.H. Motor Vehicle Industry Board
Certainly! Here's a detailed explanation of the New Hampshire Code of Administrative Rules, specifically focusing on the Motor Vehicle Industry Board (MVIB), along with relevant case law to illustrate its application.
📝 Overview of the Motor Vehicle Industry Board (MVIB)
The MVIB is established under RSA 357-C and is administratively attached to the New Hampshire Department of Safety. Its primary function is to regulate business practices between motor vehicle manufacturers, distributors, and dealers, ensuring fair and equitable relationships within the industry.
Key Functions of the MVIB:
Regulation Enforcement: The MVIB enforces provisions related to franchise agreements, dealer terminations, and other business practices between manufacturers and dealers.
Hearings and Decisions: It conducts hearings on complaints and issues written decisions, which may include orders to cease and desist, restitution, or other remedies.
Rulemaking: The MVIB has the authority to adopt rules to implement the provisions of RSA 357-C, pursuant to RSA 541-A.
📚 Relevant Administrative Rules (MVIB Chapter)
The MVIB's operations are governed by the New Hampshire Administrative Code, Chapter Mvi 200, which outlines the procedural rules for hearings and other administrative processes.
Key Sections:
Mvi 201: Scope of Chapter – Defines the applicability of the rules.
Mvi 202: Definitions – Provides definitions for terms used in the chapter.
Mvi 203: Board Authority – Details the authority of the MVIB.
Mvi 204: Board Procedures for Filing Documents and Conducting Hearings – Outlines the procedures for filing documents and conducting hearings.
Mvi 205: Filing Protest – Specifies the process for filing protests.
Mvi 206: Prehearing Conference – Describes the procedures for prehearing conferences.
Mvi 207: Scheduling Hearing – Details how hearings are scheduled.
Mvi 208: Hearing Process – Provides guidelines for the conduct of hearings.
Mvi 209: Scope of Hearings – Defines the scope of hearings.
Mvi 210: Rulemaking – Outlines the process for rulemaking.
Mvi 211: Declaratory Ruling – Specifies procedures for requesting declaratory rulings.
Mvi 212: Explanation of Rule – Provides guidance on the explanation of rules.
⚖️ Relevant Case Law
1. Gould v. Director, N.H. Div. of Motor Vehicles, 138 N.H. 343 (1994)
In this case, the New Hampshire Supreme Court addressed the issue of attorney's fees in actions involving state officials. The court held that awarding attorney's fees against a governmental employer of an official acting in his quasi-judicial capacity violated the doctrines of sovereign immunity and quasi-judicial immunity. This case underscores the protections afforded to state officials in their official capacities.
2. Appeal of Tradz, LLC, 2022
This case involved the interpretation of RSA 262:40-a, I, concerning the authorization of vehicle towing. The New Hampshire Supreme Court reviewed the decision of the Bureau, emphasizing the standard of review under RSA chapter 541 and the burden of proof required to overturn administrative decisions. The court's analysis highlights the deference given to administrative agencies' findings and the procedural requirements for appealing such decisions.
📌 Summary Table
| Aspect | Details |
|---|---|
| Governing Statute | RSA 357-C |
| Administrative Code | Chapter Mvi 200 |
| Primary Functions | Regulate business practices, enforce provisions, conduct hearings |
| Key Procedures | Filing protests, conducting hearings, issuing decisions |
| Rulemaking Authority | Authority to adopt rules under RSA 541-A |
| Relevant Case Laws | Gould v. Director, N.H. Div. of Motor Vehicles (1994) |
| Appeal of Tradz, LLC (2022) |
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