Title VIII, TRANSPORTATION (Ch. 306 - 330B)

The department of inspections, appeals, and licensing may issue subpoenas, administer oaths, compel the attendance of witnesses and production of books, papers, documents, and all other evidence. The department of inspections, appeals, and licensing may apply to the district cour…

In the event that a franchiser enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional motor vehicle dealership in a community where the same line-make is then represented, wit…

1. In determining whether good cause has been established for terminating or not continuing a franchise, the department of inspections, appeals, and licensing shall take into consideration the existing circumstances, including, but not limited to: a. Amount of business transacted…

In determining whether good cause has been established for entering into an additional franchise for the same line-make, the department of inspections, appeals, and licensing shall take into consideration the existing circumstances, including, but not limited to: 1. Amount of bus…

1. A decision of the department of inspections, appeals, and licensing is subject to review by the state department of transportation, whose decision is final agency action for the purpose of judicial review. 2. Judicial review of actions of the state department of transportation…

A franchise imposes on the parties a duty of good faith in performance and enforcement of the franchise agreement. “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. 2010 Acts, ch 1081, §2

1. A condition, stipulation, or provision in a franchise restricting jurisdiction to a forum outside this state is void. 2. A condition, stipulation, or provision in a franchise providing that the franchisee consents to the jurisdiction of a forum outside this state is void. 3. A…

1. Unless otherwise provided in subsection 2 , notwithstanding the terms, provisions, or conditions of any agreement or franchise, a franchiser shall not terminate or refuse to continue any franchise unless the franchiser has first established, in a hearing held under the provisi…

1. A condition, stipulation, or provision in a franchise requiring the application of the law of another state in lieu of this chapter is void. 2. A condition, stipulation, or provision in a franchise that the franchise is to be governed by or construed in accordance with the law…

A condition, stipulation, or provision in a franchise requiring a franchisee to waive compliance with or relieving a person of a duty or liability imposed by or a right provided by this chapter or order under this chapter is void. This section shall not affect the settlement of d…

A condition, stipulation, or provision in a franchise prohibiting or restricting the franchisee from continuing another line-make at the dealership or adding an additional line-make to the dealership is void. This section does not limit a franchiser from establishing good cause f…

A condition, stipulation, or provision in a franchise which requires the franchisee to provide its customer lists or service files to the franchiser is void. This section shall not apply to notification by the franchisee to the franchiser of the delivery of a new motor vehicle to…

This chapter shall be liberally construed to effectuate its purposes. 2010 Acts, ch 1081, §8

In the event that a franchiser is permitted to terminate or not continue a franchise, and is further permitted not to enter into a franchise for the line-make in the community, no franchise shall thereafter be entered into for the sale of motor vehicles of that line-make in the c…

1. A franchiser shall not unreasonably alter a franchisee’s community. 2. A franchiser shall notify a franchisee of a proposed alteration to the franchisee’s community at least sixty days prior to the effective date of the proposed alteration. Within thirty days of a request by t…

No franchiser shall enter into any franchise for the purpose of establishing an additional motor vehicle dealership in any community in which the same line-make is then represented, unless the franchiser has first established in a hearing held under the provisions of this chapter…

1. Every franchiser and franchisee shall fulfill the terms of any express or implied warranty concerning the sale of a motor vehicle to the public of the line-make which is the subject of a contract or franchise agreement between the parties. If it is determined by the district c…

1. If a franchiser seeks to terminate or not continue a franchise, or seeks to enter into a franchise establishing an additional motor vehicle dealership of the same line-make, the franchiser shall file an application with the department for permission to terminate or not continu…

1. Upon receiving an application, the department shall notify the department of inspections, appeals, and licensing which shall enter an order fixing a time, which shall be within ninety days of the date of the order, and place of hearing, and shall send by certified or registere…

If the department of inspections, appeals, and licensing finds it desirable it may upon request continue the date of hearing for a period of ninety days, and may upon application, but not ex parte, continue the date of hearing for an additional period of ninety days. [C71, 73, 75…

1. Upon hearing, the franchiser shall have the burden of proof to establish that under the provisions of this chapter the franchiser should be granted permission to terminate or not continue the franchise, or to enter into a franchise establishing an additional motor vehicle deal…