§ 51-19-16 — General provisions

North Dakota § 51-19-16

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-19: Franchise Investment Law

Text

1. Every franchisor or subfranchisor offering franchises for sale in this state shall at all
times keep and maintain a complete set of books, records, and accounts of such
sales, which must at all times be open to inspection by the commissioner, and shall
make and file with the commissioner such reports as the commissioner may by rule or
order prescribe.
2. The commissioner may accept and act upon the opinions, appraisals, and reports of
any engineers, appraisers, or other experts which may be presented by an applicant or
any interested party on any question of fact concerning or affecting the franchises
proposed to be offered and sold. In lieu of, or in addition to, such opinions, appraisals,
and reports, the commissioner may have any or all matters concerning or affecting
such franchises investigated, appraised, passed upon, and certified to the
commissioner by engineers, appraisers, or other experts selected by the
commissioner.

3. Any document filed under this chapter may be incorporated by reference in a
subsequent application filed under this chapter if it was filed within four years prior to
the filing of such application or is otherwise available in the files of the commissioner,
to the extent that the document is currently accurate.
4. In any proceeding under this chapter, the burden of proving an exemption or exception
from a definition is upon the person claiming it.
5. The commissioner may honor requests from interested persons for interpretive
opinions.
6. No provision of this chapter imposing any liability applies to any act done or omitted in
good faith in conformity with any rule, form, order, or written interpretive opinion of the
commissioner or any opinion of the attorney general, notwithstanding that the rule,
form, order, or written interpretive opinion may later be amended or rescinded or be
determined by judicial or other authority to be invalid for any reason.
7. Any condition, stipulation, or provision purporting to bind any person acquiring any
franchise to waive compliance with any provision of this chapter or any rule or order
hereunder is void.
8. Every final order, decision, license, or other official act of the commissioner is subject
to judicial review in accordance with chapter 28-32.