323.3 - DISCONTINUING DEALER FRANCHISE.

        323.3  DISCONTINUING DEALER FRANCHISE.         Notwithstanding the terms, provisions, or conditions of any dealer      franchise, a distributor or franchiser shall not terminate or refuse      to renew a dealer franchise except as provided in this chapter.  A      distributor or franchiser shall not terminate or refuse to renew a      dealer franchise unless the distributor or franchiser gives to the      dealer thirty days' written notice of distributor's or franchiser's      intent to terminate or not renew.  Notice shall be given by      restricted certified mail, as defined in section 618.15.  If a      dealer, within thirty days after the date of delivery of the notice      from the distributor or franchiser, applies to the department for a      hearing under this chapter, the dealer franchise shall remain in      effect pending a final order by the department.  The application      filed by the dealer shall state, under oath, that the dealer's      license, issued pursuant to chapter 214, for pumps and meters located      on the retail premises occupied by the dealer has not been canceled,      that the dealer has not filed a petition in bankruptcy or been      declared bankrupt within six months preceding the filing of the      application, that the franchiser or distributor has not withdrawn      entirely from the sale for resale of motor fuel and special fuel in      this state, that there are no past due sums owing by the dealer to      the franchiser or distributor, and that the dealer has not consented      in writing to the termination or nonrenewal of the dealer franchise.      
         Section History: Early Form
         [C75, 77, 79, 81, § 323.3]