The results of the audit or examination must be compiled in writing and delivered in hand to the dealer. The discrepancy may not be charged back or credited to the dealer within thirty days following delivery of the audit report to the dealer. Within the thirty-day period, the dealer may protest the result of the audit or examination and the manner in which it was conducted to the Motor Vehicle Commission. Collection of the discrepancy is then automatically stayed until the Commission determines the amount due and enters an order for payment or the parties otherwise agree in writing. If the dealer is required under his franchise agreement to bring the issue first to an administrative group within the hierarchy of the manufacturer or distributor, the thirty-day period does not begin to run until these proceedings are concluded and a decision is rendered.
Collection is further deferred for thirty days.
Once a dealer agrees to an amount that is due or the Motor Vehicle Commission determines that a balance is due and orders payment, the manufacturer or distributor may not charge the dealer's parts account or debit his bank account until a further thirty-day period elapses without payment. The proposed amendment, as noted earlier, establishes standards and a process by which audits and examinations may be conducted, discrepancies challenged and payment required. The proposed amendment is not without controversy. Distributors and manufacturers have urged that the one-year limitation is too short. Some suggest that the fraud limitation should be longer, e.g., that a fraud inquiry be allowed to go back six years.