Marvin Mandel, Governor                        1509

renew a franchise means the failure by the dealer to substantially
comply with the reasonable requirements imposed upon him by the
franchise. The manufacturer, distributor, or factory branch shall
notify a dealer in writing and forward a copy of the notice to the
Administration of the termination, cancellation, or nonrenewal of
the franchise of the dealer at least ninety (90) days before the effec-
tive date thereof stating the specific grounds for the termination,
cancellation, or nonrenewal; and in no event may the contractual
term of any franchise expire without the written consent of the dealer
involved prior to the expiration of at least ninety (90) days fol-
lowing the written notice; but the notice period may be reduced
to not less than fifteen (15) days if the ground for termination,
cancellation, or nonrenewal is the dealer's inability to reasonably
serve the interests of the public. Any dealer who receives written
notice that his franchise is being terminated, cancelled, or not re-
newed may within the notice period file with the Administration a
verified complaint for its determination after hearing as to whether
the termination, cancellation, or nonrenewal is without due cause
and any franchise shall continue in effect until final determination
by the Administration of the issues raised in the complaint not-
withstanding anything to the contrary contained in this Part or in
the franchise. The hearing shall be conducted promptly and in
accordance with the procedures set forth in Section 5-707(b) and
(b) (D) of this Part. Any dealer, manufacturer, distributor, or fac-
tory branch may appeal the determination of the department to the
Baltimore City Court or the Circuit Court of the County as the
case may be, wherein the dealer, manufacturer, distributor or fac-
tory branch resides.

(5) To resort to or use any advertisement in connection with his
or its business which contains an insertion, representation or state-
ment of fact which is false, deceptive, or misleading.

(6) To offer to sell or to sell any new Class A or Class B vehicle

to any dealer in the State of Maryland at a lower actual price there-

for, such price to exclude freight charges incurred in delivering

the Class A or Class B vehicle from the manufacturer, distributor,

or factory branch to the dealer, than the actual price at which the

manufacturer, distributor, or factory branch sold or offered to sell

to any other dealer for the same model vehicle similarly equipped;

but provisions of this paragraph do not apply to sales by a manu-

facturer or distributor to any unit of government, federal, State,

or local. Also, the provisions of this section do not apply to sales

to a dealer participating in a driver education program.

(7) To offer to sell or to sell any new Class A or Class B vehicle

to any person in the State of Maryland at a lower actual price

therefor than the actual price offered and OR charged to a dealer in
the State of Maryland for the same model vehicle similarly equipped
or to utilise any device which results in a less LOWER actual price;
but the provisions of this paragraph do not apply to sales by a manu-

facturer to any unit of government, federal, State, or local; and the

provisions of this paragraph do not apply to sales by a manufacturer
or distributor which may reasonably be construed as advertising.

(8) (6) To prevent or attempt to prevent by contract or otherwise
any dealer or any owner, partner, or stockholder of any dealer from
selling or transferring any part of the ownership interest of any of