THE VIRGINIAN-PILOT
Copyright (c) 1997, Landmark Communications, Inc.
DATE: Sunday, February 16, 1997 TAG: 9702160127
SECTION: LOCAL PAGE: B2 EDITION: FINAL
SOURCE: ASSOCIATED PRESS
DATELINE: NEWPORT NEWS LENGTH: 41 lines
Nissan Motor Corp.'s effort to yank dealer Bob Crumpler's franchise will take at least a month longer than expected because the automaker failed to take a step required by state law.
Nissan notified Crumpler in December that it planned to remove his franchise within 90 days, after learning of racial slurs that Crumpler was secretly videotaped making at his James City County mobile home park.
But under state law, Nissan also was required to inform the state Department of Motor Vehicles, in writing. The automaker didn't.
Nissan spokesman Ed Lewis said the automaker will send a certified letter to the DMV no later than Monday. Crumpler's franchise is now scheduled to be removed in April, instead of in March, he said.
Lewis said that what's required under franchise law varies from state to state. Plus, he said, revoking a franchise is an extraordinary action that Nissan rarely takes.
``We're serious about getting rid of Mr. Crumpler,'' he said.
A second car lot Crumpler owned in Portsmouth has been sold and remains affiliated with Nissan.
Crumpler has apologized for his use of racial slurs, and previously suggested that he would fight to keep his franchise. Even though Crumpler was taped making the slurs at the mobile home park, Nissan contends he tarnished the automaker's image, prompting its effort to remove his franchise.
Nissan is required to notify Crumpler and the state of its plans at least 60 days before the termination date. States use such franchise laws to protect the rights of independent businesses in agreements with corporations, lawyers say.
Crumpler could ask for a hearing before the DMV, which the state must hold within 90 days of when he asks for it.
The hearing officer would recommend action to the DMV commissioner, who would then be required to decide on the case within 60 days.