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933
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HARRY HUGHES, Governor
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(a) 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
written 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) 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) (1) If a dealer receives written notice that his
franchise is being terminated, cancelled, 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 failed 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 the Administration, after
the hearing, makes a final determination.
(3) A dealer, manufacturer, distributor, or factory
branch may appeal the determination of the Administration to the
circuit court for the county in which the person's principal
place of business is located.
(4) A DEALER, MANUFACTURER, DISTRIBUTOR, OR FACTORY
BRANCH MAY APPEAL FROM A FINAL JUDGMENT ENTERED BY A CIRCUIT
COURT TO THE COURT OF SPECIAL APPEALS AS PROVIDED IN § 12-301 OF
THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.
(d) (1) In addition to any administrative and criminal
sanctions imposed under this subtitle, a manufacturer,
distributor, or factory branch that terminates, cancels, or fails
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