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851
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MARVIN MANDEL, Governor
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The only other changes are in style.
See, also, revisor's note to §15-207 of this
subtitle.
15-209. WRONGFUL TERMINATION OF DEALER'S FRANCHISE
PROHIBITED.
(A) IN GENERAL.
A MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH MAY
NOT TERMINATE, CANCEL, OR FAIL TO RENEW THE FRANCHISE OF
A DEALER, NOTWITHSTANDING ANY TERM OR PROVISION OF THE
FRANCHISE, UNLESS:
(1) THE DEALER HAS FAILED TO COMPLY
SUBSTANTIALLY WITH THE REASONABLE REQUIREMENTS OF THE
FRANCHISE; AND
(2) EXCEPT AS OTHERWISE PROVIDED BY
SUBSECTION (B) OF THIS SECTION, THE MANUFACTURER,
DISTRIBUTOR, OR FACTORY BRANCH:
(I) GIVES THE DEALER AT LEAST 90 DAYS' PRIOR
BRITTEN NOTICE OF THE TERMINATION, CANCELLATION, OR
NONRENEWAL AND OF THE SPECIFIC GROUNDS FOR THE ACTION;
AND
(II) PROVIDES THE ADMINISTRATION WITH A COPY
OF THAT NOTICE.
(B) EXCEPTIONS.
THE 90-DAY NOTICE PERIOD REQUIRED BY SUBSECTION (A)
OF THIS SECTION:
(1) MAY BE REDUCED TO NOT LESS THAN 15 DAYS,
IF THE GROUND FOR THE TERMINATION, CANCELLATION, OR
NONRENEWAL IS THE DEALER'S INABILITY TO REASONABLY SERVE
THE INTERESTS OF THE PUBLIC; AND
(2) IS NOT REQUIRED, IF THE DEALER WAIVES IT
IN WRITING.
(C) HEARING.
(1) IF A DEALER RECEIVES WRITTEN NOTICE THAT
HIS FRANCHISE IS BEING TERMINATED, CANCELED, OR NOT
RENEWED, THE DEALER MAY, WITHIN THE NOTICE PERIOD
REQUIRED BY THIS SECTION, REQUEST A HEARING UNDER TITLE
12, SUBTITLE 2 OF THIS ARTICLE TO DETERMINE WHETHER THE
DEALER HAS JAILED TO COMPLY SUBSTANTIALLY WITH THE
REASONABLE REQUIREMENTS OF THE FRANCHISE.
(2) IF THE DEALER REQUESTS A HEARING UNDER
THIS SUBSECTION, THE DEALER'S FRANCHISE CONTINUES IN
EFFECT, NOTWITHSTANDING ANY TERM OR PROVISION OF THE
FRANCHISE OR ANY OTHER PROVISION OF THIS SUBTITLE, UNTIL
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