Effective: September 10, 2010
Latest Legislation: Senate Bill 204 - 128th General Assembly
(A) Notwithstanding the terms, provisions, or conditions of an existing franchise, no franchisor shall terminate, cancel, or fail to continue or renew a franchise except for good cause. This section governs any action or intent to terminate, cancel, discontinue, or not renew a franchise whether the franchise was entered into prior to or after the effective date of this amendment.
(B) Except as otherwise provided in section 4517.541 of the Revised Code, each franchisor proposing to terminate, cancel, discontinue, or not renew a franchise shall send written notice by certified mail of the proposed action to the franchisee at such time as may be necessary to ensure that the notice is received no later than ninety days before the effective date of the proposed action, or no later than fifteen days before the effective date of the proposed action when the proposed action is based upon any of the following:
(1) Insolvency of the franchisee, or filing of any petition by or against the franchisee under any bankruptcy or receivership law;
(2) Any unlawful business practice after written warning thereof;
(3) The franchisee has ceased business operations.
Each notice shall set forth the specific grounds for the proposed termination, cancellation, or refusal to continue or renew.
(C) Prior to the effective date of the proposed action, a franchisee receiving written notice from a franchisor proposing to terminate, cancel, discontinue, or not renew a franchise may file a protest with the board against the franchisor's proposed action. When such a protest has been filed, the board shall inform the franchisor that a timely protest has been filed and that a hearing is required pursuant to section 4517.57 of the Revised Code.
(D) A franchisor shall not terminate, cancel, discontinue, or fail to renew a franchise before the holding of a hearing on any protest filed under this section, or after the hearing, if the board determines that good cause does not exist to terminate, cancel, discontinue, or not renew the franchise.
Structure Ohio Revised Code
Title 45 | Motor Vehicles-Aeronautics-Watercraft
Chapter 4517 | Motor Vehicle Dealers, Auction Owners, and Salespersons
Section 4517.01 | Motor Vehicle Dealer, Auction Owner and Salesperson Definitions.
Section 4517.011 | Construction of Chapter.
Section 4517.021 | Rules Governing Auction of Classic Motor Vehicles.
Section 4517.03 | Established Place of Business Restrictions.
Section 4517.04 | Application for New Motor Vehicle Dealer's License.
Section 4517.05 | Application for Used Motor Vehicle Dealer's License; Mandatory Training.
Section 4517.06 | Application for Motor Vehicle Leasing Dealer's License.
Section 4517.08 | Application for Distributor's License.
Section 4517.09 | Application for Salesperson's License.
Section 4517.10 | Prescribed Forms and Fees for Licenses.
Section 4517.11 | License Fees Credited to Pubilc Safety - Highway Purposes Fund.
Section 4517.13 | Denial of Distributor's License.
Section 4517.14 | Denial of Salesperson's License.
Section 4517.15 | Appeal of Denial of License to Motor Vehicle Dealers Board.
Section 4517.16 | Eligibility for Construction Equipment Auction License.
Section 4517.171 | Denial or Revocation of Construction Equipment Auction License.
Section 4517.18 | Auction of Large Construction or Transportation Equipment; Prohibited Acts.
Section 4517.19 | Motor Vehicle Wholesaler - Prohibited Acts.
Section 4517.20 | Motor Vehicle Dealer - Prohibited Acts.
Section 4517.21 | Motor Vehicle Auction Owner - Prohibited Acts.
Section 4517.22 | Motor Vehicle Shows.
Section 4517.221 | Display of New Motor Vehicles at Location Other Than Dealership.
Section 4517.23 | Notifying Registrar of Changes of Status.
Section 4517.24 | Two or More Dealers at Same Location.
Section 4517.25 | Mileage Disclosure Statement.
Section 4517.26 | Written Agreement to Precede Sale.
Section 4517.261 | Documentary Service Charge for Sale or Lease.
Section 4517.30 | Motor Vehicle Dealers Board.
Section 4517.31 | Board to Be Part of Department of Public Safety.
Section 4517.32 | Powers and Duties of Board.
Section 4517.33 | Appeals - Rules for Suspension or Revocation.
Section 4517.34 | Assistance by Officials.
Section 4517.40 | Restricting Retail Installment Contract Sales.
Section 4517.41 | Coercing Restriction of Retail Installment Contract Sales.
Section 4517.42 | Circumstances Prohibiting Purchase of Retail Installment Contract.
Section 4517.43 | Confidentiality of Applications.
Section 4517.44 | Record Maintenance.
Section 4517.45 | Damage to Body or Trim of Vehicle by Dealer Affixing Placard or Tag.
Section 4517.49 | Excepting Manufactured Homes.
Section 4517.50 | Notice of Establishment of New Dealer or Relocation.
Section 4517.51 | Determination of Good Cause for Establishment of New Dealer or Relocation.
Section 4517.52 | Fulfillment and Compensation for Warranty and Recall Obligations.
Section 4517.53 | Written Delivery and Preparation Obligations of Franchisees.
Section 4517.54 | Notice of Intent to Terminate or Discontinue.
Section 4517.541 | Termination of Franchise; Notice.
Section 4517.542 | Termination of Franchise; Compensation.
Section 4517.55 | Determination of Good Cause to Terminate Franchise.
Section 4517.56 | Proposed Transfer of Franchise.
Section 4517.57 | Hearing Procedure for Protest.
Section 4517.58 | Board Decision.
Section 4517.59 | Prohibited Acts.
Section 4517.60 | Indemnification and Holding Harmless of Franchisee.
Section 4517.61 | Franchisor's Damage Disclosure Statement.
Section 4517.62 | Franchisee's Duties to Franchisor and Public.
Section 4517.63 | Writing Required for Certain Actions.
Section 4517.64 | Duties of Franchisor.