322A.15 - GUIDELINES.

        322A.15  GUIDELINES.         In determining whether good cause has been established for      terminating or not continuing a franchise, the department of      inspections and appeals shall take into consideration the existing      circumstances, including, but not limited to:         1.  Amount of business transacted by the franchisee.         2.  Investment necessarily made and obligations incurred by the      franchisee in the performance of the franchisee's part of the      franchise.         3.  Permanency of the investment.         4.  Whether it is injurious to the public welfare for the business      of the franchisee to be disrupted.         5.  Whether the franchisee has adequate motor vehicle service      facilities, equipment, parts and qualified service personnel to      reasonably provide consumer care for the motor vehicles sold at      retail by the franchisee and any other motor vehicles of the same      line-make.         6.  Whether the franchisee refuses to honor warranties of the      franchiser to be performed by the franchisee, provided that the      franchiser reimburses the franchisee for such warranty work performed      by the franchisee.         7.  Except as provided in section 322A.11, failure by the      franchisee to substantially comply with those requirements of the      franchise which are determined by the department of inspections and      appeals to be reasonable and material.         8.  Except as provided in section 322A.11, bad faith by the      franchisee in complying with those terms of the franchise which are      determined by the department of inspections and appeals to be      reasonable and material.         Good cause does not include a realignment, relocation, or      reduction of dealerships.  
         Section History: Early Form
         [C71, 73, 75, 77, 79, 81, § 322A.15; 81 Acts, ch 22, § 22] 
         Section History: Recent Form
         97 Acts, ch 108, §40