Title 13, Title 13: Commerce and Trade

13-14-106. Administrative proceedings commenced by the agency. (1) Except as provided in Subsection (3), after a hearing, if the executive director finds that a person has violated this chapter or any rule made under this chapter, the executive director may: issue a cease and des…

13-14-107. Administrative proceedings -- Request for agency action. (1) A person may commence an adjudicative proceeding in accordance with this chapter and Title 63G, Chapter 4, Administrative Procedures Act to: remedy a violation of this chapter; obtain approval of an act regul…

13-14-108. Applicability. The provisions of this chapter do not apply to a person licensed as a direct-sale manufacturer under.

13-14-201. Prohibited acts by franchisors -- Affiliates -- Disclosures. (1) A franchisor may not in this state: except as provided in Subsection (3), require a franchisee to order or accept delivery of any new motor vehicle, part, accessory, equipment, or other item not otherwise…

13-14-202. Sale or transfer of ownership. (1) The franchisor shall give effect to the change in a franchise agreement as a result of an event listed in Subsection (1)(b): subject to Subsection; and 13-14-305(2)(b) unless exempted under Subsection (2). The franchisor shall give ef…

13-14-203. Succession to franchise. (1) A successor, including a family member of a deceased or incapacitated franchisee, who is designated by the franchisee may succeed the franchisee in the ownership and operation of the dealership under the existing franchise agreement if: the…

13-14-204. Franchisor's obligations related to service -- Franchisor audits -- Time limits. (1) Each franchisor shall specify in writing to each of the franchisor's franchisees licensed as a new motor vehicle dealer in this state: the franchisee's obligations for new motor vehicl…

13-14-205. Liability for damages to motor vehicles in transit -- Disclosure required. (1) A franchisee is solely liable for damage to a new motor vehicle after delivery by and acceptance from the carrier. A delivery receipt or bill of lading, or similar document, signed by a fran…

13-14-206. Site-control agreements. (1) A site-control agreement entered into on or after May 11, 2010: may be voluntarily terminated by a franchisee, subject to Subsection; and (2)(a) terminates immediately upon: a franchisor's sale, assignment, or other transfer of the right to…

13-14-301. Termination or noncontinuance of franchise. (1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement or the rights to sell and service a line-make pursuant to a franchise agreement, whether through termination…

13-14-302. Issuance of additional franchises -- Relocation of existing franchisees. (1) Except as provided in Subsection (7), a franchisor shall provide the notice and documentation required under Subsection (3) if the franchisor seeks to: enter into a franchise agreement establi…

13-14-302.5. Application of new franchise process with respect to certain terminated franchises. (1) As used in this section: "Covered franchisee": means a person who was a franchisee under a pre-bankruptcy franchise; and is a "covered dealership," as that term is defined in the …

13-14-303. Effect of terminating a franchise. If under Sectionthe executive director permits a franchisor to terminate or not continue a franchise and prohibits the franchisor from entering into a franchise for the sale of new motor vehicles of a line-make in a relevant market ar…

13-14-304. Hearing regarding termination, relocation, or establishment of franchises. (1) Within 10 days after the day on which the executive director receives an application from a franchisee under Subsectionchallenging a franchisor's right to terminate or not continue a franchi…

13-14-305. Evidence to be considered in determining cause to terminate or discontinue. (1) In determining whether a franchisor has established good cause for terminating or not continuing a franchise agreement, the executive director shall consider: the amount of business transac…

13-14-306. Evidence to be considered in determining cause to relocate or establish a new franchised dealership. In determining whether a franchisor has established good cause for relocating an existing franchisee or establishing a new franchised dealership for the same line-make …

13-14-307. Franchisor's obligations upon termination or noncontinuation of franchise or line-make. (1) Upon the termination or noncontinuation of a franchise or a line-make, the franchisor shall pay the franchisee: an amount calculated by: including the franchisee's cost of unsol…

13-14-307.5. Termination, cancellation, or nonrenewal of a recreational vehicle franchise agreement. (1) This section applies only to a recreational vehicle franchisee's termination, cancellation, or nonrenewal of: a recreational vehicle franchise; or a recreational vehicle line-…

13-14-308. Private right of action. (1) A franchisee has a private right of action for actual damages and reasonable attorney fees against a franchisor for a violation of this chapter that results in damage to the franchisee. (2) As used in this Subsection: (2) "New franchisor" h…

13-14-309. Change in distribution plan. If there is a change in the plan of distribution of a line make that contemplates a continuation of that line make in the state, a manufacturer or distributor may not directly or indirectly, through the action of any parent of the manufactu…

13-14-310. Reporting requirement. By September 1 of each year, the advisory board shall submit, in accordance with Section, an annual written report to the Business and Labor Interim Committee that, for the fiscal year immediately preceding the day on which the report is submitte…