Pub. 1 2021 Issue 2

9 mediator and conduct the mediation within 20 days of the demand. The mediator must be a Montana attorney with some knowledge of the car business. If the parties cannot agree on a mediator, either party can have one appointed by a state district judge. The language and information – obtained from Wisconsin law – indicate 90% of all dealer/OEM disputes are resolved in mediation. If the mediation is unsuccessful, the aggrieved party will have the right to file a petition with the DMV under the Montana Administrative Procedures Act. The decision of the hearing officer is still subject to appeal to the state district court and the Montana Supreme Court. • Authority for MTADA to Bring Suit on Behalf of the Dealer Body as a Whole. HB445 provides statutory “standing” to allow MTADA to bring suit in its name on behalf of members under certain defined circumstances, generally when the issue applies to dealers across the board statewide. Along with a panel comprised of members of the Legislative Committee, Bruce and I dived deeper into the details of HB445 during the June 2021 MTADA Convention. We plan to provide a more detailed explanation of the legislation, hear your comments and answer your questions. Tri-Cities Wenatchee Helena Great Falls Kalispell Missoula Boise Twin Falls Portland Bend Eugene Spokane Auburn Las Vegas We’ve Got You Covered This July Source, buy, and sell across the West with McConkey Auction Group. All times listed are Pacific. Check out magauctions.com for all of our standard and specialty auction schedules. All information subject to change without notice. @mcconkeyauctiongroup Fridays at 9:00 AM Wednesdays at 1:00 PM July 28 at 10:30 AM July 1 at 11:00 AM Wednesdays at 10:00 AM Thursdays at 9:00 AM Since 1991, Montana law provided that a dealer was entitled to use the same labor time guide for both warranty and retail customer work. Inadvertently that provision was omitted in the 2019 bill. The 2021 revision gives the dealer the option to use either the factory labor time guide or the guide the dealer uses for retail customers.