322A.9 Burden of proof.
1. Upon hearing, the franchiser shall have the burden of proof to establish that under the provisions of this chapter the franchiser should be granted permission to terminate or not continue the franchise, or to enter into a franchise establishing an additional motor vehicle dealership, or to alter a franchisee’s community.
2. Nothing contained in this chapter shall be construed to require or authorize any investigation by the department of any matter before the department under this chapter. Upon hearing, the department of inspections and appeals shall hear the evidence introduced by the parties and shall make its decision solely upon the record so made.
[C71, 73, 75, 77, 79, 81, §322A.9; 81 Acts, ch 22, §22]
2013 Acts, ch 63, §3
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.