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ROBERT L. EHRLICH, JR., Governor Ch. 437
(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.
(c) A 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 (d) of this section, the
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.
(d) 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.
(e) (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] IN WHICH THE MANUFACTURER, DISTRIBUTOR, OR FACTORY
BRANCH MUST SHOW THAT 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] DEALER'S principal place of business is located.
(4) IF THE DEALER, MANUFACTURER, DISTRIBUTOR, OR FACTORY
BRANCH APPEALS THE DETERMINATION OF THE ADMINISTRATION TO A CIRCUIT
COURT, THE DEALER'S FRANCHISE CONTINUES IN EFFECT, NOTWITHSTANDING ANY
TERM OR PROVISION OF THE FRANCHISE OR ANY OTHER PROVISION OF THIS
SUBTITLE, UNTIL THE CIRCUIT COURT MAKES A FINAL DETERMINATION.
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