Title 32 — MOTOR VEHICLES

Terms used in this chapter mean: (1) "Community," the franchisee's area of responsibility as stipulated in the franchise. A community has a minimum radius of ten miles around an existing dealership; (2) "Department," the Department of Revenue; (3) "Franchise," a written agreement…

Any person who receives or is entitled to receive a copy of any notice provided for in § 32-6E-8 , may object to the approval of the notice by filing a written objection to the department within fifteen days from the date the notice was received by such person. If no objection is…

If a timely objection is filed, the department shall enter an order fixing the time, which shall be within thirty days of the date of such order, and place of a hearing on the objection and shall send by first class mail a copy of the order to the franchisor, franchisee, and any …

Upon a hearing conducted pursuant to the provisions of chapter 1-26 , the franchisor has the burden of proof to establish that cause exists to terminate or not continue the franchise or to enter into a franchise establishing an additional dealership. Source: SL 1994, ch 248 , § 1…

If a franchisor is permitted to terminate or not to continue a franchise and is further permitted not to enter into a franchise for the line/make in the community, no franchise may be entered into for the sale of snowmobiles of that line/make in the community, unless the franchis…

If a franchisor 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 new snowmobile dealership in a community where the same line/make is already represented, without first …

No franchisor may terminate or refuse to continue any franchise unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 , that: (1) The franchisor has cause for termination or noncontinuance; and (2) Upon termination or noncontinuance, a…

In determining whether cause is established for terminating or not continuing a franchise, the department shall consider the existing circumstances including: (1) Failure by the franchisee to comply with requirements imposed upon him by the franchise, which requirements are both …

No franchisor may enter into a franchise for the purpose of establishing an additional snowmobile dealership in any community in which the same line/make is currently represented, unless the franchisor has first established in a hearing held under the provisions of chapter 1-26 t…

In determining whether cause is established for entering into an additional franchise for the same line/make, the department shall consider the existing circumstances: (1) The amount of business transacted by existing franchisee's of the same line/make in that community; (2) Whet…

The following circumstances are not cause for the termination or noncontinuance of a franchise, nor for entering into a franchise for the establishment of an additional dealership in a community for the same line/make: (1) The change of executive management or ownership by the fr…

No franchisor may require a franchisee to agree to the inclusion of a term or condition in a franchise, or in any lease or agreement ancillary or collateral to a franchise as a condition to the offer, grant, or renewal of such franchise, lease, or agreement, that: (1) Requires th…

If a franchisor seeks to terminate or not continue a franchise or seeks to enter into an additional franchise of the same line/make, the franchisor shall file a notice with the department of intention to terminate or not continue the franchise or to enter into a franchise for add…

Upon receiving a notice of intention, the department shall, within five days, send by first class mail, a copy of the notice to the franchisee whose franchise the franchisor seeks to terminate or not continue. If the notice seeks to establish an additional franchise, a copy of th…