322A.7 Department of inspections and appeals to hold hearing.
1. Upon receiving an application, the department shall notify the department of inspections and appeals which shall enter an order fixing a time, which shall be within ninety days of the date of the order, and place of hearing, and shall send by certified or registered mail, with return receipt requested, a copy of the order to the franchisee whose franchise the franchiser seeks to terminate or not continue, or to the franchiser who is seeking to alter a franchisee’s community, as applicable. If the application requests permission to establish an additional motor vehicle dealership, a copy of the order shall be sent to all franchisees in the community who are then engaged in the business of offering to sell or selling the same line-make. If the application challenges the reasonableness of a proposed alteration to a franchisee’s community, a copy of the order shall be sent to all franchisees located in Iowa surrounding the affected community which are then engaged in the business of offering to sell or selling the same line-make. Copies of orders shall be addressed to the franchisee at the place where the business is conducted. The department of inspections and appeals may also give notice of the franchiser’s application to any other parties deemed interested persons, the notice to be in the form and substance and given in the manner the department of inspections and appeals deems appropriate.
2. Any person who can show an interest in the application may become a party to the hearing, whether or not that person receives notice. However, a party not receiving notice shall be limited to participation at the hearing on the question of the public interest in the termination or continuation of the franchise or in the establishment of an additional motor vehicle dealership.
[C71, 73, 75, 77, 79, 81, §322A.7; 81 Acts, ch 22, §22]
86 Acts, ch 1245, §1941; 2013 Acts, ch 63, §2
Referred to in §322A.3A
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.