Title 13, Commerce and Trade

13-35-106. 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: (a) issue a cease and…

13-35-107. Administrative proceedings -- Request for agency action. (1)(a) A person may commence an adjudicative proceeding in accordance with this chapter and with Title 63G, Chapter 4, Administrative Procedures Act, to: (i) remedy a violation of this chapter; (ii) obtain approv…

13-35-201. Prohibited acts by franchisors -- Disclosures. (1) A franchisor in this state may not: (a) except as provided in Subsection (2), require a franchisee to order or accept delivery of any new powersport vehicle, part, accessory, equipment, or other item not otherwise requ…

13-35-202. Sale or transfer of ownership. (1)(a) The franchisor shall give effect to the change in a franchise agreement as a result of an event listed in Subsection (1)(b): (i) subject to Subsection 13-35-305(2)(b); and (ii) unless exempted under Subsection (2). (b) The franchis…

13-35-203. Succession to franchise. (1)(a) 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: …

13-35-204. Franchisor's obligations related to service -- Franchisor audits -- Time limits. (1) Each franchisor shall specify in writing to each of its franchisees licensed as a new powersport vehicle dealer in this state: (a) the franchisee's obligations for new powersport vehic…

13-35-205. Liability for damages to motor vehicles in transit -- Disclosure required. (1)(a) A franchisee is solely liable for damage to a new powersport vehicle after delivery by and acceptance from the carrier. (b) A delivery receipt or bill of lading, or similar document, sign…

13-35-301. Termination or noncontinuance of franchise. (1) Except as provided in Subsection (2), a franchisor may not terminate or refuse to continue a franchise agreement unless: (a) the franchisee has received written notice from the franchisor 60 days before the effective date…

13-35-302. Issuance of additional franchises -- Relocation of existing franchisees. (1)(a) Except as provided in Subsection (2), a franchisor shall comply with Subsection (1)(b) if the franchisor seeks to: (i) enter into a franchise establishing a powersport vehicle dealership wi…

13-35-303. Effect of terminating a franchise. If under Section 13-35-301 the 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 powersport vehicles of a line-make in a re…

13-35-304. Hearing regarding termination, relocation, or establishment of franchises. (1)(a) Within 10 days of receiving an application from a franchisee under Subsection 13-35-301(3) challenging its franchisor's right to terminate or not continue a franchise, or an application u…

13-35-305. 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: (a) the amount of business tra…

13-35-306. Evidence to be considered in determining cause to relocate existing franchisee 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…

13-35-307. Franchisor's repurchase obligations upon termination or noncontinuation of franchise. (1)(a) Except as provided in Subsection (1)(b), if a franchise is terminated or not continued by the franchisor or franchisee, the franchisor shall pay the franchisee: (i) the franchi…