reglab/housing_qa huggingface dataset:
IA Code § 322A.3A (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.3A - Alteration of franchise.

322A.3A Alteration of franchise.   1. A franchiser shall not unreasonably alter a franchisee’s community.   2. A franchiser shall notify a franchisee of a proposed alteration to the franchisee’s community at least sixty days prior to the effective date of the proposed alteration. Within thirty days of a request by the affected franchisee, unless otherwise provided in the notice, the franchiser shall provide the franchisee with an explanation of the basis for the proposed alteration.   3. Prior to the effective date of a proposed alteration of a franchisee’s community and after the receipt of the explanation of the basis for the proposed alteration, a franchisee may object to the proposed alteration of the franchisee’s community. Upon a franchisee’s objection, a franchiser shall provide an internal appeal process for the franchisee. However, the franchiser is not required to provide an internal appeal process if the franchiser has already provided the franchisee with an opportunity to object to the alteration of the franchisee’s community and to provide information in objection to the alteration for the franchiser’s consideration prior to the franchiser’s issuance of notice of the proposed alteration.   4. a. Within fifteen days of the completion of the franchiser’s internal appeal process, a franchisee may challenge the reasonableness of the proposed alteration of the franchisee’s community by filing an application with the department requesting a hearing to be held pursuant to section 322A.7.   b. After a hearing held as described in this subsection, the department of inspections and appeals may affirm, deny, or modify the proposed alteration of a franchisee’s community, may enter any other orders necessary to ensure that an alteration of the franchisee’s community is reasonable in light of all the relevant circumstances, and may assess the costs of the hearing among the parties to the hearing as appropriate.   5. No change to the franchisee’s community shall take effect during the pendency of the internal appeals process specified in subsection 3 or the hearing specified in subsection 4.   6. A franchiser shall not take any adverse action against a franchisee as a result of an alteration of the franchisee’s community for at least twelve months after the effective date of the alteration.  2013 Acts, ch 63, §1
IA Code § 322A.4 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.4 - Additional franchise.

322A.4 Additional franchise.   No franchiser shall enter into any franchise for the purpose of establishing an additional motor vehicle dealership in any community in which the same line-make is then represented, unless the franchiser has first established in a hearing held under the provisions of this chapter that there is good cause for such additional motor vehicle dealership under such franchise, and that it is in the public interest.  [C71, 73, 75, 77, 79, 81, §322A.4]
IA Code § 322A.6 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.6 - Application filed with the department.

322A.6 Application filed with the department.   1. If a franchiser seeks to terminate or not continue a franchise, or seeks to enter into a franchise establishing an additional motor vehicle dealership of the same line-make, the franchiser shall file an application with the department for permission to terminate or not continue the franchise, or for permission to enter into a franchise for additional representation of the same line-make in that community.   2. An applicant seeking permission to enter into a franchise for additional representation of the same line-make in a community shall deposit with the department at the time the application is filed, an amount of money to be determined by the department of inspections and appeals to pay the costs of the hearing.  [C71, 73, 75, 77, 79, 81, §322A.6; 81 Acts, ch 22, §22]  86 Acts, ch 1244, §42; 89 Acts, ch 273, §5
IA Code § 322A.7 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.7 - Department of inspections and appeals to hold hearing.

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
IA Code § 322A.8 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.8 - Continuation.

322A.8 Continuation.   If the department of inspections and appeals finds it desirable it may upon request continue the date of hearing for a period of ninety days, and may upon application, but not ex parte, continue the date of hearing for an additional period of ninety days.  [C71, 73, 75, 77, 79, 81, §322A.8; 81 Acts, ch 22, §22]
IA Code § 322A.9 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.9 - Burden of proof.

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
IA Code § 322A.10 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.10 - Rules of evidence.

322A.10 Rules of evidence.   1. The rules of civil procedure relating to discovery and inspection shall apply to hearings held under the provisions of this chapter, and the department of inspections and appeals may issue orders to give effect to such rules.   2. In the event issues are raised which would involve violations of any state or federal antitrust or price-fixing law, all discovery and inspection proceedings which would be available under such issues in a state or federal court action shall be available to the parties to the hearing, and the department of inspections and appeals may issue orders to give effect to such proceedings.   3. Evidence which would be admissible under the issues in a state or federal court action is admissible in a hearing held by the department of inspections and appeals. The department of inspections and appeals shall apportion all costs between the parties.  [C71, 73, 75, 77, 79, 81, §322A.10; 81 Acts, ch 22, §22]  2017 Acts, ch 54, §76
IA Code § 322A.11 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.11 - Condition barring change in franchise.

322A.11 Condition barring change in franchise.   Notwithstanding the terms, provisions, or conditions of any agreement or franchise, the following shall not be considered facts supporting a finding of good cause for the termination or noncontinuation of a franchise, or for entering into a franchise for the establishment of an additional dealership in a community for the same line-make:   1. The sole fact that franchiser desires further penetration of the market.   2. The change of ownership of the franchisee’s dealership or the change of executive management of the franchisee’s dealership, unless the franchiser, having the burden of proof, proves that such change of ownership or executive management will be substantially detrimental to the distribution of the franchiser’s motor vehicles in the community and that good cause for the termination or noncontinuation of the franchise or for the establishment of an additional dealership otherwise exists.   3. The fact that the franchisee refused to purchase or accept delivery of any motor vehicle or vehicles, parts, accessories or any other commodity or service not ordered by the franchisee.   4. The fact that the dealership moved to another facility and location within the dealership’s community which are equal to or superior to the dealership’s former location and facility or the fact that the dealership added an additional line-make to the dealership if the dealership’s facility is adequate to accommodate the additional line-make.   5. The fact that the dealership does not meet an index or standard established by the franchiser, unless the franchiser proves that the failure of the dealership to meet the index or standard will be substantially detrimental to the distribution of the franchiser’s motor vehicles in the community and that good cause for the termination or noncontinuation of the franchise or for the establishment of an additional dealership otherwise exists.  [C71, 73, 75, 77, 79, 81, §322A.11]  98 Acts, ch 1075, §27; 2000 Acts, ch 1232, §26; 2001 Acts, ch 32, §36, 37, 40  Referred to in §322A.12, 322A.15, 322A.22
IA Code § 322A.12 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.12 - Sale or transfer of ownership.

322A.12 Sale or transfer of ownership.   1. Notwithstanding the terms, provisions, or conditions of an agreement or franchise, subject to the provisions of section 322A.11, subsection 2, in the event of the sale or transfer of ownership of a franchisee’s dealership by sale or transfer of the business or by stock transfer or in the event of a change in the executive management of a franchisee’s dealership, the franchiser shall give effect to the change in the franchise unless the transfer of the franchisee’s license under chapter 322 is denied or the new owner is unable to obtain a license under that chapter.   2. Notwithstanding the terms, provisions, or conditions of an agreement or franchise, the sale or transfer, or the proposed sale or transfer, of a franchisee’s dealership, or the change or proposed change in the executive management of a franchisee’s dealership shall not make applicable any right of first refusal of the franchiser.  [C71, 73, 75, 77, 79, 81, §322A.12]  2002 Acts, ch 1063, §39
IA Code § 322A.13 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.13 - Compulsory attendance at hearings.

322A.13 Compulsory attendance at hearings.   The department of inspections and appeals may issue subpoenas, administer oaths, compel the attendance of witnesses and production of books, papers, documents, and all other evidence. The department of inspections and appeals may apply to the district court of the county wherein the hearing is being held for a court order enforcing this section.  [C71, 73, 75, 77, 79, 81, §322A.13; 81 Acts, ch 22, §22]
IA Code § 322A.14 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.14 - License to dealer denied.

322A.14 License to dealer denied.   In the event that a franchiser enters into or attempts to enter into a franchise, whether upon termination or refusal to continue another franchise or upon the establishment of an additional motor vehicle dealership in a community where the same line-make is then represented, without first complying with the provisions of this chapter, no license under chapter 322 shall be issued to that franchisee or proposed franchisee to engage in the business of selling motor vehicles manufactured or distributed by that franchiser.  [C71, 73, 75, 77, 79, 81, §322A.14]
IA Code § 322A.15 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.15 - Guidelines.

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
IA Code § 322A.16 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.16 - Additional guidelines.

322A.16 Additional guidelines.   In determining whether good cause has been established for entering into an additional franchise for the same line-make, the department of inspections and appeals shall take into consideration the existing circumstances, including, but not limited to:   1. Amount of business transacted by other franchisees of the same line-make in that community.   2. Investment necessarily made and obligations incurred by other franchisees of the same line-make, in that community, in the performance of their part of their franchises.   3. Permanency of the investment.   4. Effect on the retail motor vehicle business as a whole in that community.   5. Whether it is injurious to the public welfare for an additional franchise to be established.   6. Whether the franchisees of the same line-make in that community are providing adequate consumer care for the motor vehicles of the line-make which shall include the adequacy of motor vehicle service facilities, equipment, supply of parts and qualified service personnel.  [C71, 73, 75, 77, 79, 81, §322A.16; 81 Acts, ch 22, §22]
IA Code § 322A.17 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.17 - Review.

322A.17 Review.   1. A decision of the department of inspections and appeals is subject to review by the state department of transportation, whose decision is final agency action for the purpose of judicial review.   2. Judicial review of actions of the state department of transportation may be sought in the manner provided for in section 322.10.  [C71, 73, 75, 77, 79, 81, §322A.17; 81 Acts, ch 22, §22]  89 Acts, ch 273, §6
IA Code § 322A.18 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.18 - Duty of good faith.

322A.18 Duty of good faith.   A franchise imposes on the parties a duty of good faith in performance and enforcement of the franchise agreement. “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.  2010 Acts, ch 1081, §2
IA Code § 322A.19 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.19 - Jurisdiction.

322A.19 Jurisdiction.   1. A condition, stipulation, or provision in a franchise restricting jurisdiction to a forum outside this state is void.   2. A condition, stipulation, or provision in a franchise providing that the franchisee consents to the jurisdiction of a forum outside this state is void.   3. A civil action or proceeding arising out of a franchise may be commenced wherever jurisdiction over the parties or subject matter exists, even if the franchise limits actions or proceedings to a designated jurisdiction.  2010 Acts, ch 1081, §3
IA Code § 322A.20 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.20 - Choice of law.

322A.20 Choice of law.   1. A condition, stipulation, or provision in a franchise requiring the application of the law of another state in lieu of this chapter is void.   2. A condition, stipulation, or provision in a franchise that the franchise is to be governed by or construed in accordance with the law of another state is void.  2010 Acts, ch 1081, §4
IA Code § 322A.21 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.21 - Waivers void.

322A.21 Waivers void.   A condition, stipulation, or provision in a franchise requiring a franchisee to waive compliance with or relieving a person of a duty or liability imposed by or a right provided by this chapter or order under this chapter is void. This section shall not affect the settlement of disputes, claims, controversies or civil lawsuits arising or brought pursuant to this chapter by written release or other written document where separate and adequate consideration is offered and accepted.  2010 Acts, ch 1081, §5
IA Code § 322A.22 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.22 - Other line-makes.

322A.22 Other line-makes.   A condition, stipulation, or provision in a franchise prohibiting or restricting the franchisee from continuing another line-make at the dealership or adding an additional line-make to the dealership is void. This section does not limit a franchiser from establishing good cause for the termination of a franchise pursuant to sections 322A.2 and 322A.11 on the grounds that the franchisee’s dealership facility is not adequate to accommodate an additional line-make that has been added to the franchisee’s dealership.  2010 Acts, ch 1081, §6
IA Code § 322A.23 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.23 - Customer lists.

322A.23 Customer lists.   A condition, stipulation, or provision in a franchise which requires the franchisee to provide its customer lists or service files to the franchiser is void. This section shall not apply to notification by the franchisee to the franchiser of the delivery of a new motor vehicle to a customer, including information necessary to complete the sale of the vehicle, or to the submission to the franchiser of a claim for warranty parts, recalls, repairs, or services supplied or performed by the franchisee.  2010 Acts, ch 1081, §7
IA Code § 322A.24 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322A - MOTOR VEHICLE FRANCHISERS|Section 322A.24 - Construction.

322A.24 Construction.   This chapter shall be liberally construed to effectuate its purposes.  2010 Acts, ch 1081, §8
IA Code § 322C.1 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS|Section 322C.1 - Administration.

322C.1 Administration.   This chapter shall be administered by the director of transportation. The state department of transportation may employ persons necessary for the administration of this chapter.  [C81, §322C.1]
IA Code § 322C.5 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS|Section 322C.5 - Display of license.

322C.5 Display of license.   A license issued under section 322C.4 shall specify the location of the principal place of business and the location of each additional place of business, if any, for which the license is issued, and the license shall be conspicuously displayed at the principal place of business except during periods when the license is surrendered for modification.  [C81, §322C.5]
IA Code § 322C.6 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS|Section 322C.6 - Denial, suspension, or revocation of license.

322C.6 Denial, suspension, or revocation of license.   A license issued under section 322C.4 or 322C.9 may be denied, revoked, or suspended, after opportunity for a hearing before the department of inspections and appeals in accordance with chapters 10A and 17A, if it is determined that the licensee or applicant has done any of the following:   1. Violated a provision of this chapter.   2. Made a material misrepresentation to the department in connection with an application for a license, certificate of title, or registration of a towable recreational vehicle or other vehicle.   3. Been convicted of a fraudulent practice in connection with selling or offering for sale vehicles or parts of vehicles subject to registration under chapter 321.   4. Failed to maintain an established principal place of business in the county.   5. Had a license issued under this chapter, chapter 321H, or chapter 322, suspended or revoked within the previous three years.   6. Been convicted of a violation of any provision of section 321.52, 321.78, 321.92, 321.97, 321.98, 321.99, 321.100, or 714.16.   7. Knowingly made misleading, deceptive, untrue, or fraudulent representations in the business as a distributor of towable recreational vehicles or engaged in unethical conduct or practice harmful or detrimental to the public.  [C81, §322C.6]  89 Acts, ch 273, §9; 2019 Acts, ch 67, §5, 20  Fraudulent practices, see §714.8 – 714.14
IA Code § 322C.7 (2021)
2021 Iowa Code|Title VIII - TRANSPORTATION|Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS|Section 322C.7 - Manufacturer’s or distributor’s license.

322C.7 Manufacturer’s or distributor’s license.   A manufacturer or distributor of towable recreational vehicles shall not engage in business in this state without a license pursuant to this chapter.  [C81, §322C.7]  2019 Acts, ch 67, §6, 20  Referred to in §322C.11