Ch. 295

2004 LAWS OF MARYLAND

(2002 Replacement Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

15-212.

(c) (1) The following factors, as they exist in the city or community in which
the dealer is doing business, shall be included among those considered in determining
under subsection (b)(3) of this section whether a dealer has been reasonably
compensated:

(i) The compensation being paid by other licensees to their dealers;

(ii) The prevailing wage rate being paid by these dealers; and

(iii) The prevailing labor rate being charged by these dealers.

(2)     Notwithstanding paragraph (1) of this subsection and except as
provided in paragraph (3) of this subsection, a licensee may not compensate its
dealers for work performed under any warranty under subsection (b)(3)(ii) of this
section in an amount that is less than the average amount charged by the dealer to
retail customers for nonwarranty work of like kind during the preceding 12 months as
long as this amount is reasonable.

(3)     The provisions of paragraph (2) of this subsection do not apply to
travel trailers or parts of systems, fixtures, appliances, furnishings, accessories, and
features of motor homes that are not manufactured by the manufacturer of the motor
home as a part of the unit.

(4)     (i) A claim filed under this section by a dealer with a manufacturer
or distributor shall be:

1.       In the manner and form prescribed by the manufacturer
or distributor; and

2.      Approved or disapproved within 30 days of receipt.

(ii) A claim not approved or disapproved within 30 days of receipt
shall be deemed approved.

(iii) Payment of or credit issued on a claim filed under this section
shall be made within 30 days of approval.

(5)     (I) A DEALER'S FAILURE TO COMPLY WITH THE SPECIFIC
REQUIREMENTS OF THE MANUFACTURER OR DISTRIBUTOR FOR PROCESSING A
CLAIM MAY NOT CONSTITUTE GROUNDS FOR DENIAL OF THE CLAIM OR REDUCTION
OF THE AMOUNT OF COMPENSATION PAID TO THE DEALER IF THE DEALER
PRESENTS REASONABLE DOCUMENTATION OR OTHER EVIDENCE TO SUBSTANTIATE
THE CLAIM.

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