(a)Notwithstanding the terms, provisions or conditions of
any franchise:
(i)Any owner or a licensee may appoint by will, or
any other written instrument, a designated family member to
succeed in the ownership interest of the owner in the new
vehicle dealer;
(ii)Unless there exists good cause for refusal to
honor succession by the manufacturer, any designated family
member of a deceased or incapacitated owner of a new vehicle
dealer may succeed to the ownership of the new vehicle dealer
under the existing franchise if:
(A)The designated family member gives the
manufacturer written notice of intent to succeed to the
ownership of the new vehicle dealer within thirty (30) days of
the owner's death or incapacity; and
(B)The designated family member agrees to be
bound by all the terms and c
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(a) Notwithstanding the terms, provisions or conditions of
any franchise:
(i) Any owner or a licensee may appoint by will, or
any other written instrument, a designated family member to
succeed in the ownership interest of the owner in the new
vehicle dealer;
(ii) Unless there exists good cause for refusal to
honor succession by the manufacturer, any designated family
member of a deceased or incapacitated owner of a new vehicle
dealer may succeed to the ownership of the new vehicle dealer
under the existing franchise if:
(A) The designated family member gives the
manufacturer written notice of intent to succeed to the
ownership of the new vehicle dealer within thirty (30) days of
the owner's death or incapacity; and
(B) The designated family member agrees to be
bound by all the terms and conditions of the franchise.
(iii) The manufacturer may request and the designated
family member shall promptly provide personal and financial data
reasonably necessary to determine whether the succession should
be honored;
(iv) If a manufacturer believes good cause exists for
refusing to honor the succession to the ownership of a new
vehicle dealer by a family member of a deceased or incapacitated
owner of a new vehicle dealer under the existing franchise
agreement, the manufacturer may serve upon the designated family
member and the department notice of its refusal to honor the
succession and of its intent to discontinue the existing
franchise with the dealer no sooner than sixty (60) days from
the date the notice is served. The notice may only be served
not more than sixty (60) days following receipt of:
(A) Notice of the designated family member's
intent to succeed to the ownership of the new vehicle dealer; or
(B) Any personal or financial data which it has
requested.
(v) The notice in paragraph (iv) of this subsection
shall state the specific grounds for the refusal to honor the
succession and of its intent to discontinue the existing
franchise with the new vehicle dealer no sooner than sixty (60)
days from the date the notice is served;
(vi) If notice of refusal and discontinuance is not
timely served upon the family member, the franchise shall
continue in effect subject to termination only as otherwise
permitted under this act;
(vii) Within twenty (20) days of receiving the notice
after the end of any appeal procedure provided by the
manufacturer, the designated family member may file with the
department to protest the refusal to honor the successor. When
such a protest is filed, the department shall inform the
manufacturer that a timely protest has been filed and the
manufacturer has sixty (60) days to respond to the protest after
actually being informed by the department of the protest. The
manufacturer shall not terminate or discontinue the existing
franchise until the department has held a hearing under the
Wyoming Administrative Procedure Act and determined that there
is good cause for not permitting the succession. All hearing
costs shall be borne as prescribed under W.S. 31-16-109(g);
(viii) In determining whether good cause for the
refusal to honor the succession exists, the manufacturer or
importer has the burden of proof;
(ix) This act does not preclude the owner of a new
vehicle dealer from designating any person as his successor by
written instrument filed with the manufacturer. If there is a
conflict between the written instrument and this section and the
written instrument has not been revoked by the owner of the new
dealer in writing to the manufacturer the written instrument
shall govern;
(x) As used in this section, "manufacturer" includes
a manufacturer, a distributor, a factory branch, distributor
branch or other representative.