PARRIS N. GLENDENING, Governor                             Ch. 583

AFTER RECEIPT OF THE NOTICE OF THE DESIGNATED FAMILY MEMBER'S INTENT TO
SUCCEED THE DEALER OR. IF THE MANUFACTURER. DISTRIBUTOR. OR FACTORY
BRANCH REQUESTED PERSONAL OR FINANCIAL DATA, WITHIN 60 DAYS AFTER THE
RECEIPT OF THE REQUESTED DATA. PROVIDE WRITTEN NOTICE TO THE
DESIGNATED FAMILY MEMBER OF THE MANUFACTURER, DISTRIBUTOR, OR
FACTORY BRANCH'S REFUSAL TO APPROVE THE SUCCESSION.
(D) THE NOTICE OF THE MANUFACTURER, DISTRIBUTOR, OR FACTORY
BRANCH PROVIDED IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION SHALL
STATE THE SPECIFIC GROUNDS FOR THE REFUSAL TO APPROVE THE SUCCESSION
AND THAT DISCONTINUANCE OF THE FRANCHISE AGREEMENT SHALL TAKE EFFECT
NOT LESS THAN 90 DAYS AFTER THE DATE THE NOTICE IS PROVIDED.

(E) IF WRITTEN NOTICE OF REFUSAL IS NOT PROVIDED IN ACCORDANCE
WITH SUBSECTION (C) OF THIS SECTION. THE FRANCHISE AGREEMENT SHALL
CONTINUE IN EFFECT AND SHALL BE SUBJECT TO TERMINATION ONLY AS
OTHERWISE PERMITTED BY THIS TITLE.

(F) THIS SECTION DOES NOT PRECLUDE A DEALER FROM DESIGNATING ANY
PERSON AS THE DEALER'S SUCCESSOR BY WRITTEN INSTRUMENT FILED WITH THE
MANUFACTURER, DISTRIBUTOR. OR FACTORY BRANCH. IF A WRITTEN INSTRUMENT
IS FILED, THE INSTRUMENT ALONE SHALL DETERMINE THE SUCCESSION RIGHTS TO
THE MANAGEMENT AND OPERATION OF THE DEALERSHIP.

15-214.

(A)    IN ADDITION TO ANY OTHER RIGHT TO REQUEST A HEARING UNDER
THIS SUBTITLE AND NOTWITHSTANDING ANY PROVISIONS OF THE FRANCHISE
AGREEMENT TO THE CONTRARY, A DEALER, DESIGNATED DEALER SUCCESSOR AS
PROVIDED IN § 15-211.1 OF THIS SUBTITLE, MANUFACTURER, DISTRIBUTOR, OR
FACTORY BRANCH MAY REQUEST A HEARING UNDER TITLE 12, SUBTITLE 2 OF THIS
ARTICLE TO:

(1)     RESOLVE A DISPUTE INVOLVING A FRANCHISE AGREEMENT OR
CONTRACT UNDER ANY PROVISION OF THIS TITLE BETWEEN A DEALER OR A
DESIGNATED DEALER SUCCESSOR AND A MANUFACTURER, DISTRIBUTOR, OR
FACTORY BRANCH; OR

(2)     SEEK CLARIFICATION OR INTERPRETATION OF ANY PROVISION OF
THIS SUBTITLE.

(B)     IN MAKING A DETERMINATION REGARDING THE RIGHTS AND
RESPONSIBILITIES OF THE PARTIES TO A HEARING UNDER THIS SUBTITLE, OR IN
INTERPRETING OR APPLYING ANY PROVISION OF THIS SUBTITLE OR A FRANCHISE
AGREEMENT, CONTRACT, OR DOCUMENT, THE HEARING OFFICER SHALL
CONSIDER:

(1) THAT THERE IS A PRESUMPTION THAT THE RELATIONSHIP
BETWEEN DEALERS AND MANUFACTURERS, DISTRIBUTORS, OR FACTORY
BRANCHES REGULATED UNDER THIS SUBTITLE IS GOVERNED BY GOOD FAITH AND
FAIR DEALING PRACTICES; AND

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