322A.15 Guidelines.
1. In determining whether good cause has been established for terminating or not continuing a franchise, the department of inspections and appeals shall take into consideration the existing circumstances, including, but not limited to:
a. Amount of business transacted by the franchisee.
b. Investment necessarily made and obligations incurred by the franchisee in the performance of the franchisee’s part of the franchise.
c. Permanency of the investment.
d. Whether it is injurious to the public welfare for the business of the franchisee to be disrupted.
e. Whether the franchisee has adequate motor vehicle service facilities, equipment, parts and qualified service personnel to reasonably provide consumer care for the motor vehicles sold at retail by the franchisee and any other motor vehicles of the same line-make.
f. Whether the franchisee refuses to honor warranties of the franchiser to be performed by the franchisee, provided that the franchiser reimburses the franchisee for such warranty work performed by the franchisee.
g. Except as provided in section 322A.11, failure by the franchisee to substantially comply with those requirements of the franchise which are determined by the department of inspections and appeals to be reasonable and material.
h. Except as provided in section 322A.11, bad faith by the franchisee in complying with those terms of the franchise which are determined by the department of inspections and appeals to be reasonable and material.
2. Good cause does not include a realignment, relocation, or reduction of dealerships.
[C71, 73, 75, 77, 79, 81, §322A.15; 81 Acts, ch 22, §22]
97 Acts, ch 108, §40; 2010 Acts, ch 1061, §180
Structure Iowa Code
Chapter 322A - MOTOR VEHICLE FRANCHISERS
Section 322A.2 - Discontinuing franchise.
Section 322A.3 - New franchise.
Section 322A.3A - Alteration of franchise.
Section 322A.4 - Additional franchise.
Section 322A.5 - Warranties and recalls.
Section 322A.6 - Application filed with the department.
Section 322A.7 - Department of inspections and appeals to hold hearing.
Section 322A.8 - Continuation.
Section 322A.9 - Burden of proof.
Section 322A.10 - Rules of evidence.
Section 322A.11 - Condition barring change in franchise.
Section 322A.12 - Sale or transfer of ownership.
Section 322A.13 - Compulsory attendance at hearings.
Section 322A.14 - License to dealer denied.
Section 322A.16 - Additional guidelines.
Section 322A.18 - Duty of good faith.
Section 322A.19 - Jurisdiction.
Section 322A.20 - Choice of law.
Section 322A.21 - Waivers void.
Section 322A.22 - Other line-makes.