Maine Motor Vehicle Franchise Board
Board of Director's Meeting
September 25, 2009
A meeting of the Maine Motor Vehicle Franchise Board was held on Friday, September 25, in the ground floor hearing room at the Bureau of Motor Vehicles, 101 Hospital Street, Augusta, Maine.
Chairman John McCurry, Esq., called the meeting to order at 9:00 a.m.
Present: John McCurry, Chairman; William Dowling, public member; 'Bud' Morrison and William Sowles, dealer members; John Knight, manufacturer member; Judy Metcalf, Counsel for Darling's; and, Dan Rosenthal, Counsel for Ford.
The Board met to consider Count IX of Darling's Complaint in MMVF Bd-01, on Remand from the superior court. Before the Board, Count IX had sought the imposition of Civil Rights Penalties under section 1171-B of the Act, Title 10, Ch. 204. The Chair ruled that Darling's claim for violations of section 1176 of the Act had been satisfied and it therefore had no standings to seek Civil Penalties. On appeal, the Court reversed the Ruling of the Chair and held that such penalties could lie even though the violations of 1176 had been satisfied. It remanded to the Board for further proceedings.
Six Ford exhibits were admitted without objection. Darling's offered 22 Exhibits. Numbers 4 through 19 and 21 were admitted without objection; numbers 1-3, 20 and 22 were admitted over a relevance objection. John Darling testified as the only witness and the parties delivered Opening and Closing Statements through Counsel Judy Metcalf for Darling's and Dan Rosenthal for Ford.
Based on the testimony and exhibits, the Board imposed a three thousand dollar fine ($3,000) on Ford for three violations of section 1171-B of the Act. The Board was unanimous; the Chairman did not vote. The parties agreed to address the issue of attorney's fees in writing.
Motion to adjourn was made and seconded and the Board adjourned at 11:14 a.m.