Revised Code of Washington
Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.
46.96.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

RCW 46.96.040
Determination of good cause, good faith—Petition, notice, decision, appeal.

A new motor vehicle dealer who has received written notification from the manufacturer of the manufacturer's intent to terminate, cancel, or not renew the franchise may file a petition with the department for a determination as to the existence of good cause and good faith for the termination, cancellation, or nonrenewal of a franchise. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the termination, cancellation, or nonrenewal of the franchise. Upon the filing of the petition and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely petition has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The franchise in question shall continue in full force and effect pending the administrative law judge's decision. If the decision of the administrative law judge terminating, canceling, or failing to renew a dealer's franchise is appealed by a dealer, the franchise in question shall continue in full force and effect until the appeal to superior court is finally determined or until the expiration of one hundred eighty days from the date of issuance of the administrative law judge's written decision, whichever is less. Nothing in this section precludes a manufacturer or dealer from petitioning the superior court for a stay or other relief pending judicial review.

[ 1989 c 415 § 4.]

Structure Revised Code of Washington

Revised Code of Washington

Title 46 - Motor Vehicles

Chapter 46.96 - Manufacturers' and Dealers' Franchise Agreements.

46.96.010 - Legislative findings.

46.96.020 - Definitions.

46.96.030 - Termination, cancellation, or nonrenewal of franchise restricted.

46.96.035 - Payment of fair market value of dealer goodwill upon request and termination, cancellation, or nonrenewal of franchise.

46.96.040 - Determination of good cause, good faith—Petition, notice, decision, appeal.

46.96.050 - Determination of good cause, good faith—Hearing, decision, procedures—Judicial review.

46.96.060 - Good cause, what constitutes—Burden of proof.

46.96.070 - Notice of termination, cancellation, or nonrenewal.

46.96.080 - Payments by manufacturer to dealer for inventory, equipment, etc.

46.96.090 - Payments by manufacturer for dealership facilities.

46.96.095 - Compensation by manufacturer for labor and parts required to perform recall repairs—Applicability to certain used vehicles—Reimbursement claims—Recovery of costs—Remedy, exclusive.

46.96.100 - Mitigation of damages.

46.96.105 - Warranty work.

46.96.110 - Designated successor to franchise ownership.

46.96.140 - Relevant market area—Definition—New or relocated dealerships, notice of.

46.96.150 - Protest of new or relocated dealership—Hearing—Arbitration.

46.96.160 - Factors considered by administrative law judge.

46.96.170 - Hearing—Procedures, costs, appeal.

46.96.180 - Exceptions.

46.96.185 - Unfair practices—Exemptions—Definitions.

46.96.190 - Prohibited practices by manufacturer.

46.96.192 - Prohibited practices by manufacturer—Adverse action against dealer if vehicle exported or resold by customer.

46.96.194 - Prohibited practices by manufacturer—Dealer waiver of chapter—Exceptions.

46.96.196 - Practices by brand owner.

46.96.200 - Sale, transfer, or exchange of franchise.

46.96.210 - Petition and hearing—Filing fee, costs, security.

46.96.220 - Right of first refusal.

46.96.230 - Manufacturer incentive programs.

46.96.240 - Venue.

46.96.250 - Immunity of franchisees and assigns.

46.96.260 - Civil actions for violations.

46.96.270 - Release of dealer and customer data and information—Access to management computer systems—Immunity.