10 §1188. Duties
§1188. Duties The board: [PL 2003, c. 356, §12 (NEW).] 1. Complaints. Shall review written complaints filed with the board by persons complaining of conduct governed by this chapter; [PL 2003, c. 356, §12 (NEW).] 2. Decision. Shall issue written decisions and may issue orders to a franchisee or franchisor in violation of […]
10 §1188-A. Prehearing conference
§1188-A. Prehearing conference Prior to hearing a complaint, but not later than 45 days after the filing of the complaint, the board shall require the parties to attend a prehearing conference with the chair to discuss the possibility of settlement. If the matter is not resolved through the conference, the matter must be placed on […]
10 §1189. Hearings
§1189. Hearings The board shall hold a hearing on the merits of a complaint within 120 days of the filing of the complaint. The hearing must be conducted pursuant to rules established by the board. A decision must be issued within 30 days of the completion of the hearing. The board shall determine the location […]
10 §1189-A. Discovery
§1189-A. Discovery The parties to a hearing conducted pursuant to this subchapter are permitted to conduct and use the same discovery procedures as provided in the Maine Rules of Civil Procedure, subject to any amendments to the rules as the board might adopt to secure that discovery is expedited. [PL 2003, c. 356, §12 […]
10 §1189-B. Appeal
§1189-B. Appeal A party appealing an order of the board to the Superior Court shall indicate in the appeal whether it is an appeal on issues of law or on factual matters. [PL 2003, c. 356, §12 (NEW).] 1. Appeal as matter of law. An order or decision may be appealed solely on the […]
10 §1190. Statute of limitations
§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. […]
10 §1190-A. Action filed; court
§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 […]
10 §1183. Statute of limitation
§1183. Statute of limitation Except for an action arising out of section 1174‑D, actions arising out of any provision of this chapter must be commenced within 4 years after the cause of action accrues; if a person liable under this chapter conceals the cause of action from the knowledge of the person entitled to bring […]
10 §1184. Construction
§1184. Construction In construing this chapter the courts may be guided by the interpretations of the Federal Trade Commission Act(15 U.S.C. 45), as from time to time amended. [PL 1975, c. 573 (NEW).] If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, […]
10 §1174-A. Limitations on establishing or relocating dealerships
§1174-A. Limitations on establishing or relocating dealerships No new motor vehicle dealership may be established and no existing motor vehicle dealership may be relocated, except as follows. [PL 1981, c. 331, §7 (NEW).] 1. Notification. In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor vehicle dealership […]