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Session Laws, 2004
Volume 801, Page 1107   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 295

(II) A MANUFACTURER OR ITS REPRESENTATIVE MAY NOT DENY A
CLAIM FOR WHICH A DEALER HAS RECEIVED PREAUTHORIZATION FROM THE
MANUFACTURER OR ITS REPRESENTATIVE.

[(5)] (6) (i) If a claim filed under this section is shown by the
manufacturer or distributor to be false or unsubstantiated, the manufacturer or
distributor may charge back the claim within [1 year] 180 DAYS 6 MONTHS 9 MONTHS
from the date the claim was paid or credit issued.

(ii) This paragraph does not limit the right of a manufacturer or
distributor to:

1.       Conduct an audit of any claim filed under this section; or

2.       Charge back for any claim that is proven to be fraudulent.

(iii) An audit under this paragraph shall be conducted according to
generally accepted accounting principles.

15-212.1.

(a)     Upon the filing of a claim, a manufacturer, factory branch, or distributor
shall compensate a dealer for any incentive or reimbursement program sponsored by
the manufacturer, factory branch, or distributor, under the terms of which the dealer
is eligible for compensation.

(b)     (1) A claim filed under this section shall be:

(i) In the manner and form prescribed by the manufacturer, factory
branch, or distributor; and

(ii) Approved or disapproved within 30 days of receipt.

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

(3)     Payment of a claim filed under this section shall be made within 30
days of approval.

(c)      (1) If a claim filed under this section is shown by the manufacturer,
factory branch, or distributor to be false or unsubstantiated, the manufacturer,
factory branch, or distributor may charge back the claim within [24 months] 60 DAYS
6 MONTHS
9 MONTHS from the date the claim was paid or credit issued THE END OF
THE INCENTIVE OR REIMBURSEMENT PROGRAM.

(2)     This paragraph does not limit the right of a manufacturer, factory
branch, or distributor to:

(i) Conduct an audit of any claim filed under this section; or

(ii) Charge back for any claim that is proven to be fraudulent.

(3)     An audit under this paragraph shall be conducted according to
generally accepted accounting principles.

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Session Laws, 2004
Volume 801, Page 1107   View pdf image
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