323.5 - BURDEN OF PROOF.

        323.5  BURDEN OF PROOF.         Upon hearing, if the department finds the statements contained in      the application are true, then the franchiser or distributor that      intends to terminate or not renew the distributor franchise or dealer      franchise shall have the burden of proof to establish that the      franchiser or distributor, as the case may be, has good cause for      terminating or not renewing the franchise.         If the department finds the statements contained in the      application are not true, the application shall be denied.  Nothing      contained in this chapter shall be construed to require or authorize      any investigation by the department of any matter before the      department under this chapter.  Upon hearing the department shall      hear the evidence introduced by the parties and shall make its      decision solely upon the record made.  If the department denies the      termination or nonrenewal of the franchise, it may make such further      order as may be necessary to require compliance with the terms of the      franchise and to prevent retaliatory action.  
         Section History: Early Form
         [C75, 77, 79, 81, § 323.5]