reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.4 - Franchiser failure to comply — civil penalty.

322D.4 Franchiser failure to comply — civil penalty.
In the event that any franchiser fails to make payment to the franchisee or the franchisee’s heir or heirs as required by this chapter within sixty days after the inventory has been received by the franchiser, the franchiser is civilly liable for one hundred percent of the current net price of the inventory; transportation charges which have been paid by the franchisee; eighty-five percent of the current net price of repair parts; five percent of the current net price of repair parts to cover handling, packing and loading, if applicable; and attorney fees incurred by the franchisee or the franchisee’s heir or heirs.
84 Acts, ch 1087, §4; 85 Acts, ch 47, §9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.5 - Death of a franchisee or majority stockholder.

322D.5 Death of a franchisee or majority stockholder.
If the franchisee is a natural person, the rights under this chapter may be exercised by the heirs of the franchisee upon the death of the franchisee. If the franchisee is a business organization, the rights may be exercised by the heirs of a majority stockholder of the franchisee upon the death of the majority stockholder.
84 Acts, ch 1087, §5
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.6 - Security interests not affected.

322D.6 Security interests not affected.
The provisions of this chapter shall not be construed to affect, in any way, the existence or enforcement of any security interest which a supplier, any financial institution or any other person may have in the inventory of the retailer.
84 Acts, ch 1087, §6; 94 Acts, ch 1121, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.7 - Application — farm implement franchise agreements.

322D.7 Application — farm implement franchise agreements.
This chapter applies until July 1, 1990, to all farm implement franchise agreements in effect before July 1, 1990, which have no expiration date and to all other such agreements entered into or renewed after April 12, 1985, but before July 1, 1990, which will expire after April 12, 1985. Any agreement in effect on April 12, 1985, which by its own terms will terminate on a subsequent date shall be governed by the law as it existed prior to April 12, 1985.
85 Acts, ch 26, §2; 90 Acts, ch 1077, §1
For provisions applicable on and after July 1, 1990, to agricultural equipment dealership agreements having no expiration date or entered into or renewed on or after July 1, 1990, see chapter 322F; §322F.9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.8 - Application — motorcycle or autocycle franchise agreements.

322D.8 Application — motorcycle or autocycle franchise agreements.
The rights under section 322D.2, subsection 1, apply to motorcycle or autocycle franchise agreements in effect on July 1, 1985, which have no expiration date and are continuing agreements, and to those entered into or renewed after July 1, 1985, but only to motorcycles, autocycles, and motorcycle or autocycle attachments and parts purchased after July 1, 1985.
85 Acts, ch 47, §10; 2016 Acts, ch 1098, §29
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.9 - Application — all-terrain vehicles.

322D.9 Application — all-terrain vehicles.
1. This chapter applies to a franchise for all-terrain vehicles only if chapter 322F does not apply to a dealership engaged in the retail sale of equipment designed to be principally used for agricultural operations under chapter 322F.
2. The rights under section 322D.2, subsection 1, shall apply to a franchise for all-terrain vehicles as follows:
a. All franchises in effect on July 1, 2002, that have no expiration date and are continuing franchises.
b. Franchises that have been executed or renewed on or after July 1, 2002, but only for all-terrain vehicles and related parts or attachments purchased on or after July 1, 2002.
2002 Acts, ch 1011, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.10 - Application — snowmobile franchise agreements.

322D.10 Application — snowmobile franchise agreements.
The rights under section 322D.2, subsection 1, apply to snowmobile franchises in effect on January 1, 2003, which have no expiration date and are continuing franchises, and to franchises executed or renewed on or after January 1, 2003, but only to snowmobiles and related parts or attachments purchased on or after January 1, 2003.
2003 Acts, ch 28, §7, 8
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.2 - Notice of termination.

322F.2 Notice of termination.
1. a. A supplier shall terminate a dealership agreement for equipment other than outdoor power equipment by cancellation, nonrenewal, or a substantial change in competitive circumstances only upon good cause and upon at least ninety days’ prior written notice delivered to the dealer by certified mail or restricted certified mail. A supplier shall terminate a dealership agreement for outdoor power equipment by cancellation or nonrenewal only upon good cause and upon at least ninety days’ prior written notice delivered to the dealer by restricted certified mail or hand delivered by a representative of the supplier to the dealer or a designated representative of the dealer.
b. A written termination notice must specify each deficiency constituting good cause for the action. The notice must also state that the dealer has sixty days to cure a specified deficiency. If the deficiency is cured within sixty days from the date that the notice is delivered, the notice is void. However, if the deficiency is based on a dealer’s inadequate representation of a manufacturer’s product relating to sales, as provided in section 322F.1, the notice must state that the dealer has eighteen months to cure the deficiency. If the deficiency based on inadequate representation of a manufacturer’s product relating to sales is cured within eighteen months from the date that notice is delivered, the notice is void.
2. The supplier shall have the right to terminate immediately without notice in the event the action is for good cause as defined in section 322F.1, subsection 7, paragraphs “b” through “m”.
90 Acts, ch 1077, §3; 2003 Acts, ch 55, §4
Referred to in §322F.8
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.4 - Security interests not affected.

322F.4 Security interests not affected.
This chapter shall not be construed to affect the existence or enforcement of a security interest which any person, including a supplier or financial institution, may have in the inventory of the dealer.
90 Acts, ch 1077, §5; 94 Acts, ch 1121, §2
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.5 - Death or incapacity of dealer.

322F.5 Death or incapacity of dealer.
If a dealer or a person holding a majority interest in a business entity operating a dealership dies or is incapacitated, the rights under this chapter may be exercised as an option by the heirs at law if the dealer or majority interest holder died intestate, or by the executor under the terms of the dealer’s or majority interest holder’s will. If the heirs or the executor do not exercise this option within twelve months from the date of death of the dealer or majority interest holder, the supplier must repurchase the equipment as if the supplier had terminated the dealership agreement pursuant to section 322F.3. However, this section does not entitle an heir, executor, administrator, legatee, or devisee of a deceased dealer or majority interest holder to continue to operate the dealership without the consent of the supplier.
90 Acts, ch 1077, §6; 2003 Acts, ch 55, §6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.5A - Transfer of dealership.

322F.5A Transfer of dealership.
1. If a supplier has contractual authority to approve or deny a request for a sale or transfer of a dealer’s business or an equity ownership interest in the business, the supplier shall approve or deny the request within sixty days after receiving a written request from the dealer. If the supplier has not approved or denied the request within the sixty-day period, the request shall be deemed approved. The dealer’s request shall include reasonable financial information, personal background information, character references, and work histories for each acquiring person.
2. If a supplier denies a request made pursuant to this section, the supplier shall provide the dealer with a written notice of the denial that states the reasons for the denial. A supplier may only deny a request based on the failure of a proposed transferee to meet the reasonable requirements consistently imposed by the supplier in determining whether to approve a transfer or a new dealership.
2005 Acts, ch 27, §1
Referred to in §322F.9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.6 - Assignees and successors in interest.

322F.6 Assignees and successors in interest.
The obligations under this chapter apply to the supplier’s assignee or successor in interest. A successor in interest includes, but is not limited to, a purchaser of assets or stock, a surviving corporation resulting from a merger or liquidation, a receiver, or a trustee of the supplier.
90 Acts, ch 1077, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.7 - Violations.

322F.7 Violations.
A violation of this chapter includes but is not limited to a supplier doing any of the following:
1. Requires a dealer to accept delivery of equipment that the dealer has not ordered.
2. Requires a dealer to order or accept delivery of equipment with special features or accessories not included in the base price list of equipment as publicly advertised by the supplier.
3. Requires a dealer to enter into any agreement, whether written or oral, which amends or supplements an existing dealership agreement with the supplier, unless the supplementary or amendatory agreement is imposed on other similarly situated dealers.
4. Requires as a condition of renewal or extension of a dealership agreement that the dealer complete substantial renovation of the dealer’s place of business, or acquire new or additional space to serve as the dealer’s place of business, unless the supplier provides at least one year’s written notice of the condition which states all grounds supporting the condition. The supplier must provide a reasonable time for the dealer to complete the renovation or acquisition.
5. Requires a dealer to refuse to purchase equipment distributed by another supplier.
6. Discriminates in the prices charged for equipment of like grade and quality sold by the supplier to similarly situated dealers. This subsection does not prevent the use of differentials which make only due allowance for costs related to the manufacture, sale, or delivery of equipment, or to methods or quantities of equipment sold or delivered.
7. a. (1) For a dealership agreement governing equipment other than outdoor power equipment, takes action terminating, canceling, or failing to renew the dealership agreement, or substantially changes the competitive circumstances intended by the dealership agreement, due to the results of conditions beyond the dealer’s control, including drought, flood, labor disputes, or economic recession.
(2) For a dealership agreement governing outdoor power equipment, takes action terminating, canceling, or failing to renew the dealership agreement due to the results of conditions beyond the dealer’s control, including drought, flood, labor disputes, or economic recession.
b. This subsection shall not apply if the dealer is in default of a security agreement in effect with the supplier.
90 Acts, ch 1077, §8; 2003 Acts, ch 55, §7; 2004 Acts, ch 1086, §63; 2011 Acts, ch 44, §1
Referred to in §322F.8
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.8 - Supplier liability.

322F.8 Supplier liability.
1. a. (1) A dealer may bring a legal action against a supplier for damages sustained by the dealer as a consequence of the supplier’s violation of any provision of this chapter, including but not limited to a violation described in section 322F.7. A supplier violating this chapter shall compensate the dealer for damages sustained by the dealer as a consequence of the supplier’s violation, together with the actual costs of the action, including reasonable attorney fees.
(2) For a dealership agreement governing equipment other than outdoor power equipment, a dealer may be granted injunctive relief against unlawful termination, cancellation, or the nonrenewal of the dealership agreement, or a substantial change of competitive circumstances as provided in section 322F.2.
(3) For a dealership agreement governing outdoor power equipment, a dealer may be granted injunctive relief against unlawful termination, cancellation, or the nonrenewal of the dealership agreement as provided in section 322F.2.
b. The remedies in this section are in addition to any other remedies permitted by law.
2. a. If the payment or allowance of equipment repurchased pursuant to section 322F.3 is not made as required, or the supplier is found liable for damages pursuant to subsection 1, paragraph “a”, subparagraph (1), the amount due to the dealer shall bear interest at the rate of one and one-half percent per month calculated from the date that the dealership agreement was terminated.
b. Upon termination of a dealership agreement by nonrenewal or cancellation, by a dealer or supplier, if the supplier fails to make payment or credit the account of the dealer as provided in any provision of this chapter, the supplier is liable in a civil action brought by the dealer for the repurchase amount set forth in section 322F.3, plus interest as calculated pursuant to paragraph “a”. The supplier’s civil liability as provided in this paragraph shall be in addition to and not in lieu of any remedy provided by subsection 1, paragraph “a”, subparagraph (1).
3. The requirements of this chapter supplement any agreement between a dealer and a supplier. The dealer may elect either to pursue contractual remedies under the dealership agreement or remedies provided under this chapter. An election by the dealer to pursue a remedy provided under this chapter does not bar the dealer from pursuing any other remedy under law or equity, including contractual remedies. This chapter does not affect rights of the supplier to charge back to the dealer’s accounts amounts previously paid or credited as a discount to the dealer’s purchase of goods, including equipment.
90 Acts, ch 1077, §9; 2003 Acts, ch 55, §8, 9; 2011 Acts, ch 44, §2, 3
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322F - EQUIPMENT DEALERSHIP AGREEMENTS › Section 322F.9 - Applicability.

322F.9 Applicability.
1. A term of a dealership agreement that is inconsistent with the terms of this chapter is void and unenforceable and does not waive any rights that are provided to a person by this chapter.
2. a. For all dealership agreements other than those provided for in this section, this chapter applies to those dealership agreements in effect that have no expiration date and all other dealership agreements entered into or renewed on or after July 1, 1990. Any such dealership agreement in effect on June 30, 1990, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 1990.
b. For all dealership agreements governing all-terrain vehicles, this chapter applies to those dealership agreements in effect that have no expiration date and all other such dealership agreements entered into or renewed on or after July 1, 2002. Any such dealership agreement in effect on July 1, 2002, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 2002.
c. For all dealership agreements governing agricultural equipment used principally for floriculture and for all dealership agreements governing construction equipment, industrial equipment, utility equipment, and outdoor power equipment, this chapter applies to those dealership agreements in effect that have no expiration date and all other such dealership agreements entered into or renewed on or after July 1, 2003. Any dealership agreement in effect on July 1, 2003, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 2003.
d. For all dealership agreements governing the sale or transfer of a dealer’s business, section 322F.5A applies to those dealership agreements in effect that have no expiration date and all other such dealership agreements entered into or renewed on or after July 1, 2005. Any dealership agreement in effect on July 1, 2005, which by its own terms will terminate on a subsequent date, shall be governed by the law as it existed prior to July 1, 2005.
90 Acts, ch 1077, §10; 2002 Acts, ch 1011, §10; 2003 Acts, ch 55, §10; 2005 Acts, ch 27, §2
Applicability of chapter 322D to farm implement and all-terrain vehicle franchise agreements; §322D.7, 322D.9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.1 - Legislative intent.

322G.1 Legislative intent.
The general assembly recognizes that a motor vehicle is a major consumer acquisition and that a defective motor vehicle undoubtedly creates a hardship for the consumer. The general assembly further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the general assembly that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the general assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the warranty provided for in this chapter. However, this chapter does not limit the rights or remedies which are otherwise available to a consumer under any other law.
91 Acts, ch 153, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.5 - Affirmative defenses.

322G.5 Affirmative defenses.
Any of the following is an affirmative defense to a claim under this chapter:
1. The alleged nonconformity or nonconformities do not substantially impair the motor vehicle.
2. A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the motor vehicle by a person other than the manufacturer or its authorized service agent.
3. The claim by the consumer was not filed in good faith.
4. Any other defense allowed by law which may be raised against the claim.
91 Acts, ch 153, §5
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.7 - Informal dispute settlement procedure — certification uniformity.

322G.7 Informal dispute settlement procedure — certification uniformity.
To facilitate uniform application, interpretation, and enforcement of this section and section 322G.6, and in implementing rules adopted pursuant to section 322G.14, the attorney general may cooperate with agencies that perform similar functions in any other states that enact these or similar sections. The cooperation authorized by this section may include any of the following:
1. Establishing a central depository for copies of all applications and accompanying materials submitted by manufacturers for certification, and all reports prepared, notices issued, and determinations made by the attorney general under section 322G.6.
2. Sharing and exchanging information, documents, and records pertaining to program operations.
3. Sharing personnel to perform joint reviews, surveys, and investigations of program operations.
4. Preparing joint reports evaluating program operations.
5. Granting joint certifications and certification renewals.
6. Issuing joint denials or revocations of certification.
7. Holding a joint administrative hearing.
8. Formulating, in accordance with chapter 17A, the administrative procedure Act, rules or proposed rules on matters such as guidelines, forms, statements of policy, interpretative opinions, and any other information necessary to implement section 322G.6.
91 Acts, ch 153, §7; 2019 Acts, ch 59, §99
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.9 - Compliance and disciplinary action.

322G.9 Compliance and disciplinary action.
The attorney general may enforce and ensure compliance with the provisions of this chapter and rules adopted pursuant to section 322G.14, may issue subpoenas requiring the attendance of witnesses and the production of evidence, and may petition any court having jurisdiction to compel compliance with the subpoenas. The attorney general may levy and collect an administrative fine in an amount not to exceed one thousand dollars for each violation against any manufacturer found to be in violation of this chapter or rules adopted pursuant to section 322G.14. A manufacturer may request a hearing pursuant to chapter 17A, the administrative procedure Act, if the manufacturer contests the fine levied against it. The proceeds from any fine levied and collected pursuant to this section shall be placed in the attorney general’s motor vehicle fraud and odometer law enforcement fund for implementation and enforcement of this chapter.
91 Acts, ch 153, §9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.10 - Unfair or deceptive trade practice.

322G.10 Unfair or deceptive trade practice.
A violation by a manufacturer of this chapter is an unfair or deceptive trade practice in violation of section 714.16, subsection 2, paragraph “a”.
91 Acts, ch 153, §10
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.11 - Dealer liability.

322G.11 Dealer liability.
This chapter, except for the requirements of section 322G.12, does not impose any liability on a franchised motor vehicle dealer or create a cause of action by a consumer against a dealer. A dealer shall not be made a party defendant in any action involving or relating to this chapter, except as provided in this section. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including but not limited to any refunds or vehicle replacements, incurred by the manufacturer pursuant to this chapter, in the absence of a finding by a court that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer’s published instructions. A manufacturer who is found by a court to have improperly charged back a dealer because of a violation of this section is liable to the injured dealer for full reimbursement plus reasonable costs and any attorney’s fees.
91 Acts, ch 153, §11; 95 Acts, ch 45, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.12 - Resale of returned vehicles.

322G.12 Resale of returned vehicles.
1. A manufacturer who accepts the return of a motor vehicle pursuant to a settlement, determination, or decision under this chapter shall notify the state department of transportation, report the vehicle identification number of that motor vehicle within ten days after the acceptance, and obtain a new certificate of title for the vehicle in the manufacturer’s name pursuant to section 321.46. In obtaining a new certificate of title, the manufacturer shall title the vehicle in the county of the transferor’s residence and shall be exempt from the registration fee requirements of section 321.46 and the fee for new registration under section 321.105A. The new certificate of title, and all subsequent registration receipts and certificates of title issued for the motor vehicle, shall contain a designation indicating that the motor vehicle was returned to the manufacturer pursuant to this chapter or a similar law of another state. The state department of transportation shall determine the manner in which the designation is to be indicated on registration receipts and certificates of title and may determine that a “REBUILT” or “SALVAGE” designation supersedes the designation required by this subsection and include the “REBUILT” or “SALVAGE” designation on the registration receipt and certificate of title in lieu of the designation required by this subsection.
2. A person shall not knowingly lease, sell, either at wholesale or retail, or transfer a title to a motor vehicle returned by reason of a settlement, determination, or decision pursuant to this chapter or a similar law of another state unless the nature of the nonconformity is clearly and conspicuously disclosed to the prospective transferee, lessee, or buyer. The attorney general shall prescribe by rule the form, content, and procedure pertaining to such a disclosure statement, recognizing the need of manufacturers to implement a uniform disclosure form. The manufacturer shall make a reasonable effort to ensure that such disclosure is made to the first subsequent retail buyer or lessee. For purposes of this section,“settlement” includes an agreement entered into between the manufacturer and the consumer that occurs after the thirtieth day following the manufacturer’s receipt of the consumer’s written notification pursuant to section 322G.4.
91 Acts, ch 153, §12; 95 Acts, ch 45, §8; 2000 Acts, ch 1047, §3, 4; 2008 Acts, ch 1113, §108; 2020 Acts, ch 1062, §44
Referred to in §312.2, 321.46, 321.105A, 322G.11
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.14 - Rulemaking authority.

322G.14 Rulemaking authority.
1. The attorney general shall adopt rules as necessary to implement this chapter.
2. In prescribing rules and forms under this chapter, the attorney general may cooperate with agencies that perform similar functions in other states with a view to effectuating the policy of this chapter to achieve maximum uniformity in the form and content of certification, regulation, and procedural evaluation of manufacturer-established programs, required recordkeeping, required reporting wherever practicable, and required notices to consumers.
91 Acts, ch 153, §14
Referred to in §322G.7, 322G.9
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322G - DEFECTIVE MOTOR VEHICLES (LEMON LAW) › Section 322G.15 - Applicability.

322G.15 Applicability.
1. This chapter takes effect July 1, 1991, and applies to motor vehicles originally purchased or leased by consumers on or after that date.
2. This chapter applies to motor vehicles originally purchased or leased in this state and, except for section 322G.3, subsections 1 and 2, and section 322G.6, subsection 1, applies to motor vehicles originally purchased or leased in other states, if the consumer is a resident of this state at the time the consumer’s rights are asserted under this chapter.
91 Acts, ch 153, §15; 95 Acts, ch 45, §9; 96 Acts, ch 1079, §10
Referred to in §322G.2
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.2 - Discontinuing distributor franchise.

323.2 Discontinuing distributor franchise.
Notwithstanding the terms, provisions or conditions of any distributor franchise, a franchiser shall not terminate or refuse to renew a distributor franchise except as provided in this chapter. A franchiser shall not terminate or refuse to renew a distributor franchise unless the franchiser gives to the distributor thirty days’ written notice of franchiser’s intent to terminate or not renew. Notice shall be given by restricted certified mail, as defined in section 618.15. If a distributor, within thirty days after the date of delivery of the notice from the franchiser, applies to the department for a hearing under this chapter, the distributor franchise shall remain in effect pending a final order by the department. The application filed by the distributor shall state, under oath, that the distributor has not filed a petition in bankruptcy or been declared bankrupt within six months preceding the filing of the application, that the franchiser has not withdrawn entirely from the sale for resale of motor fuel and special fuel in this state, that there are no past due sums owing by the distributor to the franchiser, and that the distributor has not consented in writing to the termination or nonrenewal of the distributor franchise.
[C75, 77, 79, 81, §323.2]
95 Acts, ch 155, §2
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.3 - Discontinuing dealer franchise.

323.3 Discontinuing dealer franchise.
Notwithstanding the terms, provisions, or conditions of any dealer franchise, a distributor or franchiser shall not terminate or refuse to renew a dealer franchise except as provided in this chapter. A distributor or franchiser shall not terminate or refuse to renew a dealer franchise unless the distributor or franchiser gives to the dealer thirty days’ written notice of distributor’s or franchiser’s intent to terminate or not renew. Notice shall be given by restricted certified mail, as defined in section 618.15. If a dealer, within thirty days after the date of delivery of the notice from the distributor or franchiser, applies to the department for a hearing under this chapter, the dealer franchise shall remain in effect pending a final order by the department. The application filed by the dealer shall state, under oath, that the dealer’s license, issued pursuant to chapter 214, for pumps and meters located on the retail premises occupied by the dealer has not been canceled, that the dealer has not filed a petition in bankruptcy or been declared bankrupt within six months preceding the filing of the application, that the franchiser or distributor has not withdrawn entirely from the sale for resale of motor fuel and special fuel in this state, that there are no past due sums owing by the dealer to the franchiser or distributor, and that the dealer has not consented in writing to the termination or nonrenewal of the dealer franchise.
[C75, 77, 79, 81, §323.3]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.4 - Continuance.

323.4 Continuance.
The department may continue the date of hearing for a period of thirty days, and may upon application, but not ex parte, continue the date of hearing for an additional period of thirty days.
[C75, 77, 79, 81, §323.4]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.4A - Use of renewable fuel.

323.4A Use of renewable fuel.
1. Except as provided in subsection 3, this section applies to a supply agreement or other document executed on or after July 1, 2013, by parties who are receiving and furnishing motor fuel or special fuel as follows:
a. A dealer who is a party receiving motor fuel or special fuel from another party who is a refiner, supplier, or distributor furnishing the motor fuel or special fuel.
b. A distributor who is a party receiving motor fuel or special fuel from another party who is a refiner, supplier, or other distributor furnishing the motor fuel or special fuel.
2. A supply agreement or other document shall not contain a provision restricting a dealer or distributor who is a party receiving motor fuel or special fuel from the other party furnishing the motor fuel or special fuel as described in subsection 1 from doing any of the following:
a. Installing, converting, or operating a storage tank or a dispenser located on the distributor’s or dealer’s business premises for use in storing or dispensing renewable fuel. However, this paragraph does not apply to a dealer or distributor whose business premises are leased from the other party furnishing the renewable fuel.
b. Using a dispenser to dispense ethanol blended gasoline, including gasoline with a specified blend or a range of blends under chapter 214A, if the dispenser is approved as required by the state fire marshal for dispensing the specified blend or range of blends, including as provided in section 455G.31.
c. Purchasing, selling, or dispensing motor fuel or special fuel that is a renewable fuel from a source other than the party furnishing other motor fuel or special fuel, if such party furnishing the other motor fuel or special fuel does not furnish motor fuel or special fuel that is a renewable fuel for sale by the distributor or dealer.
d. Marketing the sale of any renewable fuel, including but not limited to advertising its availability or price on a sign, on a dispenser, or by media.
e. Selling or dispensing renewable fuel in any specified area located on the distributor’s or dealer’s business premises, including but not limited to any area in which a name or logo of a franchiser or any other entity appears.
f. Using a payment form for the sale of a renewable fuel by the retail dealer that is the same type as the payment form used for the sale of another type of motor fuel or special fuel by the dealer on the dealer’s retail premises.
3. This section does not apply to any activity that constitutes mislabeling, misbranding, willful adulteration, or other trademark violation by a dealer.
2013 Acts, ch 127, §5
Legislative intent regarding use of renewable fuels;
2013 Acts, ch 127, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.5 - Burden of proof.

323.5 Burden of proof.
1. Upon hearing, if the department finds the statements contained in the application are true, then the franchiser or distributor that intends to terminate or not renew the distributor franchise or dealer franchise shall have the burden of proof to establish that the franchiser or distributor, as the case may be, has good cause for terminating or not renewing the franchise.
2. If the department finds the statements contained in the application are not true, the application shall be denied. 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 shall hear the evidence introduced by the parties and shall make its decision solely upon the record made. If the department denies the termination or nonrenewal of the franchise, it may make such further order as may be necessary to require compliance with the terms of the franchise and to prevent retaliatory action.
[C75, 77, 79, 81, §323.5]
2021 Acts, ch 76, §150
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.6 - Conditions barring change in distributor franchise.

323.6 Conditions barring change in distributor franchise.
Notwithstanding the terms, provisions or conditions of a distributor franchise, the following shall not constitute good cause for the termination or refusal to renew a distributor franchise:
1. The sole fact that the franchiser desires further penetration of the market.
2. The change of executive management of the distributor, unless the franchiser, having the burden of proof, proves that the change of executive management will be substantially detrimental to the distribution of the franchiser’s motor fuels or special fuels in the area served by the distributor.
3. The sale or change of ownership of the distributor’s business.
[C75, 77, 79, 81, §323.6]
95 Acts, ch 155, §3
Referred to in §323.7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.7 - Department’s guidelines.

323.7 Department’s guidelines.
In determining whether good cause has been established for terminating or not renewing a distributor franchise or dealer franchise, the department shall take into consideration the existing circumstances, including, but not limited to:
1. Amount of business transacted by the distributor or dealer.
2. Investments made and obligations incurred by the distributor or dealer in performance of the franchise.
3. Permanency of the investment.
4. Whether it is injurious to the public welfare for the business of the distributor or dealer to be disrupted.
5. Ability of the distributor or dealer to timely pay financial obligations.
6. Whether the distributor or dealer has adequate equipment and qualified personnel to reasonably provide for the distribution and marketing of the motor fuel or special fuel sold to the distributor or dealer.
7. Except as provided in section 323.6, failure of the distributor to substantially comply with those requirements of the distributor franchise that are determined by the department to be reasonable and material.
8. Failure of the dealer to substantially comply with those requirements of the dealer franchise that are determined by the department to be reasonable and material.
[C75, 77, 79, 81, §323.7]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.8 - Compulsory attendance at hearings.

323.8 Compulsory attendance at hearings.
The department may issue subpoenas, administer oaths, compel the attendance of witnesses and production of books, papers, documents and other evidence. The department may apply to the district court of the county in which the hearing is to be held for a court order to enforce actions taken under this section.
[C75, 77, 79, 81, §323.8]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.10 - Intent.

323.10 Intent.
The provisions of this chapter are enacted in the exercise of the police powers of this state for the purpose of protecting the health, safety and general welfare of the people of this state and because methods and practices in the marketing and distribution of motor fuel and special fuel have impaired the availability to the public of the fuel and the services supplied by distributors and dealers who have entered into a franchise agreement with their respective suppliers.
[C75, 77, 79, 81, §323.10]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.11 - Hearing.

323.11 Hearing.
1. Upon receiving an application, the department shall order a hearing. The hearing shall be held within thirty days of receipt of the application and in accordance with the Iowa administrative procedure Act, chapter 17A. The department shall notify the franchiser or distributor of the time and place of the hearing. The department may also give notice of the application to any other party the department deems an interested person. The notice shall be in the form and substance and given in the manner determined by the department.
2. Any person who can show an interest in the application may become a party to the hearing, whether or not the person receives notice; but 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.
[C75, 77, 79, 81, §323.11]
2003 Acts, ch 44, §114; 2021 Acts, ch 76, §150
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.12 - Appeal.

323.12 Appeal.
Appeal may be taken from the final order of the department by either the distributor, franchiser or dealer, to the district court of the county where the distributor or dealer either resides or maintains the principal place of business, within thirty days from the time the decision is filed with the department, by giving at least ten days’ notice to the department to be served on its chairperson or secretary in the same manner as original notices are now served, and by filing with the clerk of court a bond for costs in the sum of not less than five hundred dollars. Appeal shall be taken in accordance with the provisions of the Iowa administrative procedure Act, chapter 17A.
[C75, 77, 79, 81, §323.12]
2003 Acts, ch 44, §114
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323 - MOTOR FUEL AND SPECIAL FUEL › Section 323.14 - Death of franchisee — successor — penalty.

323.14 Death of franchisee — successor — penalty.
1. It is unlawful to include in any distributor franchise or dealer franchise agreement a term which provides for the termination of the franchise by the franchiser upon the death of the franchisee if the franchisee, prior to the franchisee’s death, designates a successor-in-interest in a form prescribed by and delivered to the franchiser. For the purposes of this section, “successor-in-interest” is restricted to either a surviving spouse or adult child of the franchisee who, at the time of the franchisee’s death, is able to meet reasonable qualifications then being required of distributors or dealers by the franchiser.
2. The successor-in-interest designated as provided in subsection 1 shall have twenty-one days after the death of the franchisee to give written notice of an election to assume and operate the franchise. The notification shall contain such information regarding business experience and credit worthiness as is reasonably required by the franchiser. The successor-in-interest must offer to assume and commence operation of the franchise within ten days after the franchiser approves the assumption.
3. The franchise available to the successor-in-interest pursuant to this section shall be the same as that which existed in the name of the deceased franchisee at the time of the franchisee’s death.
4. A franchisee may designate a primary and one alternate successor-in-interest. The alternate, if one is designated, has no rights under this section in the event of an exercise of rights by the primary successor-in-interest. If an alternate desires to assume and operate the franchise in the event the primary successor-in-interest fails to do so, the alternate must give notice of such election and otherwise comply with subsection 2.
5. Unless otherwise specifically provided in this section, actions to be performed by the franchiser or by the successor-in-interest under this section shall be performed within a reasonable time.
6. Following the death of a franchisee, and prior to the operation of the franchise by the successor-in-interest as provided in this section, the executor or administrator of the estate of the deceased franchisee may operate the franchise.
7. If the successor-in-interest assumes the franchise, the successor-in-interest shall account to the heirs or estate of the deceased franchisee for the value of personal property of the franchisee located at or related to the franchise.
8. If the successor-in-interest does not assume the franchise, the franchiser shall account to the heirs or the estate of the deceased franchisee for the value of branded products purchased directly from the franchiser.
9. A franchisee or successor-in-interest may commence a civil action to compel compliance by a franchiser with this section, or to obtain damages caused by a failure to comply with this section, or both, within two years after the date the franchiser fails to comply with the requirements of this section.
[81 Acts, ch 114, §1, 2]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323A - PURCHASING FUEL FROM ALTERNATE SOURCES › Section 323A.1 - Definitions.

323A.1 Definitions.
For purposes of this chapter, unless the context otherwise requires:
1. “E-85 gasoline” means the same as defined in section 214A.1.
2. “Ethanol blended gasoline” means the same as defined in section 214A.1.
3. “Franchise” means a contract between a refiner and a distributor, a refiner and a retailer, a distributor and another distributor, or a distributor and a retailer under which a refiner or distributor authorizes a retailer or distributor to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by the refiner or by a refiner which supplies motor fuel to the distributor which authorizes the use. “Franchise” includes any contract under which a retailer or distributor is permitted to occupy leased premises, which premises are to be used in connection with the sale, consignment, or distribution of motor fuel under a trademark which is owned or controlled by a refiner or a refiner which supplies motor fuel to the distributor and permits the occupancy of the leased premises.
4. “Franchisor” means a refiner or distributor who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
5. “Franchisee” means a retailer or distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel.
6. “Motor fuel” means the same as motor fuel as defined in section 214A.1, which is of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways.
[C81, §323A.1]
2006 Acts, ch 1142, §21, 22, 27
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 323A - PURCHASING FUEL FROM ALTERNATE SOURCES › Section 323A.2A - Purchase of E-85 gasoline from other source.

323A.2A Purchase of E-85 gasoline from other source.
1. a. When on and after May 30, 2006, a franchise is entered into or renewed, the franchisor shall provide for the delivery of volumes of E-85 gasoline at times demanded by the franchisee or shall allow the franchisee to purchase those volumes of E-85 gasoline at those times from another source.
b. If a franchise is in effect on May 30, 2006, and does not have an expiration date, the franchisor shall provide for the delivery of volumes of E-85 gasoline at times demanded by the franchisee or shall allow the franchisee to purchase those volumes of E-85 gasoline at those times from another source.
2. If the franchisee sells E-85 gasoline delivered from a source other than the franchisor, the franchisee shall prominently post a sign disclosing this fact to the public on each motor fuel pump used for dispensing the E-85 gasoline. The size of the sign shall not be less than eight inches by ten inches and the letters on the sign shall be at least three inches in height.
3. A franchisee who sells E-85 gasoline delivered from a source other than the franchisor shall also fully indemnify the franchisor against any claims asserted by a user on which the claimant prevails and in which the court determines that E-85 gasoline not acquired from the franchisor was the proximate cause of the injury.
4. a. A purchase of E-85 gasoline in accordance with this section is not good cause for the termination of a franchise.
b. A term of a franchise that is inconsistent with this section is void and unenforceable.
2006 Acts, ch 1142, §24, 27
Referred to in §323A.2