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Dealer
Investment Group
Protect
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of the contribution form for DIG click below.
DIG
contribution form
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oada
home > programs
> ldf
Legal
Defense Fund (LDF)
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External
Policies
The
following policies and procedures for the use of the OADA
Legal Defense Fund detail the manner in which applications to
the Fund are handled.
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The
purpose of the OADA Legal Defense Fund is to provide legal
and/or financial assistance to dealers, dealer groups or
to OADA directly when they are involved in proceedings or
adjudications before either administrative agencies or any
judicial body at the state or federal level when the
outcome of the proceedings or adjudication might have a
significant impact on the dealer body or a broad cross
section of all OADA members.
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The
OADA Legal Defense Fund is completely financed by
voluntary contributions from OADA members.
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Ultimate
authority in deciding the distribution of Legal Defense
Funds is vested in the Board of Trustees of OADA.
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The
Board of Trustees of OADA has delegated the authority to
review and decide requests for assistance to the Legal
Defense Fund Action Committee composed of the members
of the OADA Executive Committee (OADA President, other
officers of the Association), the immediate Past President
of the Association and two members of the Association, one
of whom is also the member of the Board of Directors of
the National Automobile Dealers Association from Ohio.
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The
Legal Action Committee shall meet from time to time and
decide the course of action to be taken on requests for
assistance which have been filed and completed according
to these policies and procedures and which have been
reviewed by the Legal Defense Fund Legal Counsel.
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The
decision of the Legal Action Committee on requests for
assistance shall be final except that the applicant may
appeal the decision to the Board of Trustees of OADA.
However, any request by an active OADA Trustee for such
assistance in any proceeding involving his dealership or
where he had any interest other than as a general member
of OADA must be approved by both the Legal Action
Committee and the Board of Trustees before assistance is
provided.
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The
following are among the major criteria used by the Legal
Action Committee in determining whether or not to provide
assistance to an applicant, but the committee is free to
determine additional criteria for approval of requests.
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The
importance of the issue to a broad section of OADA
members;
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The
case of proceeding should have substantial state, regional
or national significance;
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The
existence of factual circumstances best designed to
support or defend the dealer position;
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Reasonable
expectation of success based on the facts and the law; and
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The
most effective allocation and use of available Legal
Defense Fund reserves.
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Application
for assistance shall be made on a form provided by the
Legal Defense Fund Legal Action Committee.
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Whenever
OADA, its Officers, Trustees or staff are apprised of a
request for assistance, the applicant will be asked to
complete an application for assistance and will be
provided with an explanation of the Legal Defense Fund.
Copies of the external policies and procedures are
available to further explain the program to applicants.
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In
order to adequately determine the merits of an
application, the Legal Action Committee may ask the
applicant to provide additional information. The
application shall not be considered complete until all
information has been received and the applicant is so
notified.
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Once
the application is complete, the Legal Action Committee
shall act on the application within forty-five (45) days.
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If
the forty-five (45) day period would work a hardship on
the applicant, the Legal Action Committee will endeavor to
render a decision as soon as is practicable.
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If
the nature of the proceedings dictate, or if the progress
of the proceedings indicate that suspension is necessary,
the Legal Action Committee may suspend the application
pending the happening of an act or event necessary to make
an ultimate decision. In the event of such suspension, the
Legal Action Committee shall immediately notify the
applicant of its action. In such an instance, it shall be
the duty of the applicant to keep OADA informed as to the
progress of the cases or proceeding.
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If
the Legal Action Committee does not act within the
forty-five (45) day period, the application may make a
direct appeal to the OADA Board to Trustees within thirty
(30) days following the expiration of the forty-five (45)
day period for action.
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No
OADA Officer, Trustee or member of the staff of OADA shall
have the authority to commit the assistance of the OADA
Legal Defense Fund.
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It
shall by the general policy of the Legal Defense Fund not
to supply one hundred percent (100%) of the financial
assistance in a particular action or proceeding involving
a dealer except in exceptional circumstances or there it
would be unreasonable for any one dealer to bear the
expense. If OADA on behalf on the entire membership's
good, is a party to the proceedings, OADA may receive
monies from the Legal Defense Fund.
For
more information concerning the Ohio Automobile Dealers
Association Legal Defense Fund, contact Charlie Howard at
766-9100 or (800)686-9100 or choward@oada.com. |
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