§ 323.3 — Discontinuing dealer franchise

Iowa § 323.3

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 323: MOTOR FUEL AND SPECIAL FUEL

Text

Notwithstanding the terms, provisions, or conditions of any dealer franchise, a distributor
or franchiser shall not terminate or refuse to renew a dealer franchise except as provided
in this chapter. A distributor or franchiser shall not terminate or refuse to renew a dealer
franchise unless the distributor or franchiser gives to the dealer thirty days’ written notice
of distributor’s or franchiser’s intent to terminate or not renew. Notice shall be given by
restricted certified mail, as defined in section 618.15. If a dealer, within thirty days after the
date of delivery of the notice from the distributor or franchiser, applies to the department
for a hearing under this chapter, the dealer franchise shall remain in effect pending a final
order by the department. The application filed by the dealer shall state, under oath, that
the dealer’s license, issued pursuant to chapter 214, for pumps and meters located on the
retail premises occupied by the dealer has not been canceled, that the dealer has not filed a
petition in bankruptcy or been declared bankrupt within six months preceding the filing of
the application, that the franchiser or distributor has not withdrawn entirely from the sale for
resale of motor fuel and special fuel in this state, that there are no past due sums owing by

the dealer to the franchiser or distributor, and that the dealer has not consented in writing to
the termination or nonrenewal of the dealer franchise.

Legislative History

[C75, 77, 79, 81, §323.3]