Section 322A.7 – Department of inspections and appeals to hold hearing.
322A.7 Department of inspections and appeals to hold hearing. 1. Upon receiving an application, the department shall notify the department of inspections and appeals 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 registered […]
Section 322A.23 – Customer lists.
322A.23 Customer lists. 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 a customer, including information necessary […]
Section 322A.8 – Continuation.
322A.8 Continuation. If the department of inspections and appeals 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, 77, 79, 81, §322A.8; 81 […]
Section 322A.24 – Construction.
322A.24 Construction. This chapter shall be liberally construed to effectuate its purposes. 2010 Acts, ch 1081, §8
Section 322A.9 – Burden of proof.
322A.9 Burden of proof. 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 dealership, or to alter a franchisee’s community. […]
Section 322A.10 – Rules of evidence.
322A.10 Rules of evidence. 1. The rules of civil procedure relating to discovery and inspection shall apply to hearings held under the provisions of this chapter, and the department of inspections and appeals may issue orders to give effect to such rules. 2. In the event issues are raised which would involve violations of any […]
Section 322A.11 – Condition barring change in franchise.
322A.11 Condition barring change in franchise. Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the following shall not be considered facts supporting a finding of good cause for the termination or noncontinuation of a franchise, or for entering into a franchise for the establishment of an additional dealership in a community for […]
Section 322A.12 – Sale or transfer of ownership.
322A.12 Sale or transfer of ownership. 1. Notwithstanding the terms, provisions, or conditions of an agreement or franchise, subject to the provisions of section 322A.11, subsection 2, in the event of the sale or transfer of ownership of a franchisee’s dealership by sale or transfer of the business or by stock transfer or in the […]
Section 322A.13 – Compulsory attendance at hearings.
322A.13 Compulsory attendance at hearings. The department of inspections and appeals may issue subpoenas, administer oaths, compel the attendance of witnesses and production of books, papers, documents, and all other evidence. The department of inspections and appeals may apply to the district court of the county wherein the hearing is being held for a court […]
Section 322A.14 – License to dealer denied.
322A.14 License to dealer denied. 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, without first complying with the provisions […]