Pub. 2 2020 Issue 2

HK Powersports (HK) v. Polaris et. al. (19-3) Type of Protest: New Point Protest. Filed Dec. 19, 2019. Attorney: Brian Quirk, Preti Flaherty Summary of Protest: The protest alleges that Polaris informed HK that it intended to open a new dealership point in Concord, New Hampshire, which is within the 15-mile radius of HK and within HK’s relevant market area. HK alleges that Polaris does not have “good cause” to open the point as is required of RSA 357-C (Dealer Bill of Right, DBR); furthermore, HK alleges Polaris did not act in “good faith,” its actions are arbitrary and not justified by any reasonable standard of sales effectiveness, and Polaris’ standards are not applied uniformly. Status: No hearings or meetings are scheduled. No responses or motions are on file. About the Board: The Motor Vehicle Industry Board (MVIB) is established pursuant to RSA 357-C (The Dealer Bill of Rights or DBR) and is administratively attached to the Department of Safety. In addition to the chairperson, the board consists of six members appointed by the Governor and Executive Council for a term of four years. Board members are typically retired manufacturer or dealership owners or employees. The Board’s primary function is to conduct hearings and issue written decisions on complaints alleging a violation of the DBR. Board hearings are administrative in nature and less formal than a courtroom proceeding. Parties are Continued from Page 4 PlatinumPartner Gordon-Darby NHOST Services’service and operation extend to two parallel industries: the vehicle emissions inspection technology and the license sales systems. We provide the design, development, construc- tion, implementation, operation and management of vehicle inspection networks, vehicle emissions testing systems, point of sale systems, electronic communication networks, data management and central data- base services (data warehousing, administrative and reporting functions, etc.) In addition, we provide comprehensive call center services to the public and system users, a license sales service depot, and field support services to vehicle inspection stations and license sales agents. For more information, please visit their website at www.gordon-darby.com Gordon-Darby NHOST Services, Inc. Emissions & safety inspection equipment provider PlatinumPartner All members of the NHADA Workers’ Compensation Trust are eli- gible for rebates based on loss experience. The Loss Prevention & Claims teams strive to prevent injuries and keep costs to a minimum. We offer competitive rates and monthly payments. For more information, please contact Marianne Gourgiotis at 800-852-3372 or email her at mgourgiotis@nhada.com. NHADA Workers’ Compensation Trust Self-administered, self-funded coverage ENDORSED PARTNER allowed legal representation of their choice at their own expense. All testimony is taken under oath and all oral proceedings are recorded. Parties have a right to appeal an adverse decision to Superior Court. D R I V E 6