§1190.__Statute of limitations

If a complaint is filed with the board by a person otherwise entitled to bring a complaint in the courts of the State, then the applicable statute of limitations is tolled and a civil action in a court of competent jurisdiction is barred pending the outcome of proceedings before the board.

§1190-A.__Action filed; court

An action, filed in a court of competent jurisdiction, that gives rise or could give rise to a claim or defense under this chapter must be stayed if, within 60 days after the date of filing of the complaint, or service of process, whichever date is later, a party to the action files a complaint with the board asserting the claims or defenses under this chapter.

SUMMARY

This bill amends the laws concerning regulation of business practices between motor vehicle manufacturers, distributors and dealers.

The bill establishes the Maine Motor Vehicle Franchise Board. Motor vehicle dealers and manufacturers engage in complex and time-consuming litigation before the courts of the State and in hearings before the Secretary of State. The board is composed of 7 members. This bill provides a forum for the prompt resolution of such complaints by a board with specific expertise in the motor vehicle industry, subject to review by the Superior Court, and when requested, a hearing on the merits of the dispute. In an appeal of an order of the board to the Superior Court, the findings of the board must be published to the Superior Court and the decision of the board admitted as an exhibit.

The board is not the exclusive venue for initially bringing a complaint, but if any party asserting claims or defenses under the Maine Revised Statutes, Title 10, chapter 204 or that could be brought under chapter 204 brings a complaint before the board, then all other civil actions or administrative actions must be tolled pending the outcome of proceedings before the board.