|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2006 LAWS OF MARYLAND
|
|
|
|
|
Ch. 437
|
|
|
|
|
|
|
|
|
|
|
|
|
|
a dealer to pay the attorney's fees of the manufacturer, distributor, or factory branch
related to disputes involving the franchise.
(G) (1) (I) IF THE DEALER IS AN ENTITY OTHER THAN AN INDIVIDUAL,
THE DEALER SHALL DESIGNATE AN INDIVIDUAL TO REPRESENT THE DEALER TO DO
BUSINESS WITH THE MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH.
(II) APPROVAL OF THE INDIVIDUAL MAY NOT BE WITHHELD BY THE
MANUFACTURER, DISTRIBUTOR, OR FACTORY BRANCH UNLESS THE INDIVIDUAL IS
UNFIT DUE TO LACK OF GOOD MORAL CHARACTER OR FAILS TO MEET REASONABLE
GENERAL BUSINESS EXPERIENCE REQUIREMENTS.
(2) A DEALER SHALL HAVE A REASONABLE AMOUNT OF TIME TO:
(I) DESIGNATE A REPRESENTATIVE OR A SUCCESSOR IF A CHANGE
IS REQUIRED FOR ANY REASON; AND
(II) OBTAIN APPROVAL OF THE REPRESENTATIVE OR SUCCESSOR
DESIGNATED UNDER ITEM (I) OF THIS PARAGRAPH, INCLUDING TIME FOR A
HEARING, IN THE EVENT OF ANY OBJECTION BY THE MANUFACTURER, DISTRIBUTOR,
OR FACTORY BRANCH.
(3) AT A HEARING RESULTING FROM AN OBJECTION TO THE APPROVAL
OF THE DESIGNATED INDIVIDUAL, THE MANUFACTURER, DISTRIBUTOR, OR FACTORY
BRANCH HAS THE BURDEN OF PROVING THAT THE DESIGNATED INDIVIDUAL IS NOT
OF GOOD MORAL CHARACTER OR FAILS TO MEET REASONABLE GENERAL BUSINESS
EXPERIENCE REQUIREMENTS.
15-209.
(a) A manufacturer 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 (d) of this section, the
manufacturer:
(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) A distributor 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 (d) of this section, the
distributor:
|
|
|
|
|
|
|
|
|
|
- 2268 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
