§ 471-a. Adjudicatory proceedings. 1. Request for an adjudicatory\nproceeding. (a) Any franchised motor vehicle dealer who is or may be\naggrieved by a violation of this article may request mediation with the\nfranchisor. The request for mediation shall be served by certified mail,\nor in such manner as the franchisor and franchised motor vehicle dealer\nhave agreed. If the franchisor agrees to mediation, such mediation shall\nproceed in accordance with the terms as agreed upon by the franchisor\nand franchised motor vehicle dealer; provided, however, that if the\nfranchisor and franchised motor vehicle dealer have not agreed upon the\nterms of mediation (i) the franchisor and franchised motor vehicle\ndealer shall select a mediator within seven days of service by the\nfranchised motor vehicle dealer of the request for mediation; (ii) the\nmediation shall be completed within twenty-one days of selection of the\nmediator, or within such period as the franchisor and the franchised\nmotor vehicle dealer shall agree; and (iii) the cost of mediation shall\nbe shared equally by the parties. If the matter is resolved by\nmediation, a written memorandum of the agreement shall be executed by\nthe mediator, the franchisor, and the franchised motor vehicle dealer.\n (b) If the matter has not been resolved by mediation, the franchisor\nand franchised motor vehicle dealer have not agreed to mediation, or the\nmediation has not been completed within the period set forth in\nsubparagraph (ii) of paragraph (a) of this subdivision, the franchised\nmotor vehicle dealer may file with the commissioner a request for an\nadjudicatory proceeding pursuant to this section. The request shall be\nin writing and contain a short and plain statement of the facts relied\nupon by the dealer to support a claim that the franchisor has violated\none or more specific provisions of this article together with a request\nfor a specific remedy other than damages. The request shall be\naccompanied by copies of all correspondence between the dealer and the\nfranchisor and other documents relevant to the claims made in the\nrequest. The request shall be accompanied by a non-refundable filing fee\nof two thousand dollars.\n (c) A true copy of the request with copies of all documents filed with\nthe request shall be served upon the franchisor at the same time as the\nrequest is filed with the commissioner by transmitting such documents in\nany manner specifically permitted under the terms of the franchise\nagreement or, if no such manner is specified in such agreement, then by\ncertified mail, return receipt requested, addressed to the officer or\nemployee of the franchisor from whom the dealer has received\ncorrespondence relevant to the claims made in the request. A certificate\nof service shall accompany the request.\n (d) The hearing shall be at such time and place as the commissioner\nshall prescribe. The commissioner shall mail to the dealer and the\nfranchisor a notice stating the name of the presiding officer assigned\nto the matter, and the place and time of the hearing. The hearing shall\nbe commenced as soon as practicable, but in no event sooner than sixty\ndays from the date of the notice.\n (e) The notice shall be sent by ordinary mail to the address of the\ndealer or attorney shown in the request and to the address to which the\ncopy of the request was sent as shown in the certificate of service or\nsuch other address as the franchisor has designated for receiving such\nnotices. The notice shall advise the franchisor of the right to submit\nwithin twenty days of receipt of such notice a short and plain statement\nof answers to the allegations of the request and of facts on which the\nfranchisor relies in defense of such allegations. Such answering\nstatement shall be mailed to the commissioner or his or her designee and\nthe dealer at addresses shown on the notice.\n (f) The dealer may submit within twenty days of receipt of the\nfranchisor's answerin
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