reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322 - MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS › Section 322.31 - Denial of license.

322.31 Denial of license.
The department may deny the application of any person for a license as a manufacturer, distributor, or wholesaler, if after reasonable notice and a hearing the department determines that such applicant has violated any provision of this chapter and may revoke or suspend any such license that has been issued if the department shall determine after reasonable notice and a hearing that such licensee has violated any provision of this chapter.
[C66, 71, 73, 75, 77, 79, 81, §322.31]
97 Acts, ch 108, §39
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322 - MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS › Section 322.32 - Construction of applicability to contracts.

322.32 Construction of applicability to contracts.
Nothing in this chapter shall be construed to impair the obligations of a contract or to prevent a licensee under this chapter from requiring performance of a written contract entered into with another licensee under this chapter, nor shall the requirement of such performance constitute a violation of any of the provisions of this chapter.
[C66, 71, 73, 75, 77, 79, 81, §322.32]
2020 Acts, ch 1063, §166
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322 - MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS › Section 322.33 - Applicability of the Iowa consumer credit code.

322.33 Applicability of the Iowa consumer credit code.
1. The provisions of the Iowa consumer credit code, chapter 537, shall apply to a consumer credit sale in which a licensed motor vehicle dealer participates or engages, and any violation of that code shall be a violation of this chapter.
2. Chapter 537, article 2, parts 5 and 6, and chapter 537, article 3, sections 537.3203, 537.3206, 537.3209, 537.3304, 537.3305, and 537.3306, shall apply to any credit transaction, as defined in section 537.1301, that is a retail installment transaction. For the purpose of applying provisions of the consumer credit code in those transactions, “consumer credit sale” shall include a sale for a business purpose.
3. A provision of the Iowa consumer credit code, chapter 537, shall supersede a conflicting provision of this chapter.
[C75, 77, 79, 81, §322.33]
2003 Acts, ch 44, §114; 2013 Acts, ch 30, §69
Referred to in §322.19
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322 - MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS › Section 322.35 - Disclosure of manufacturer’s suggested price for certain motor vehicles — penalty.

322.35 Disclosure of manufacturer’s suggested price for certain motor vehicles — penalty.
1. A person shall not sell or offer for sale at retail a new car, multipurpose vehicle, or pickup, as those terms are defined in section 321.1, without a label securely affixed to the windshield or side window containing the manufacturer’s clear and legible endorsement disclosing the following true and correct information:
a. The retail price of the vehicle suggested by the manufacturer.
b. The retail delivered price suggested by the manufacturer for each accessory or item of optional equipment, physically attached to the vehicle at the time of its delivery to the retail seller, which is not included within the price of the vehicle as stated pursuant to paragraph “a”.
c. The amount charged, if any, to the retail seller for the transportation of the vehicle to the location at which it is delivered to the retail seller.
d. The total of the amounts specified pursuant to paragraphs “a”, “b”, and “c”.
2. A person who violates this section commits a simple misdemeanor. Violation with respect to each vehicle constitutes a separate offense.
86 Acts, ch 1084, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322 - MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, AND DEALERS › Section 322.36 - Motorcycle and autocycle dealer business hours.

322.36 Motorcycle and autocycle dealer business hours.
A person in the business of selling motorcycles or autocycles under chapter 322D is not required to maintain regular business hours at the dealer’s principal place of business or other place of business.
97 Acts, ch 69, §1; 2016 Acts, ch 1098, §22
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322A - MOTOR VEHICLE FRANCHISERS › Section 322A.1 - Definitions.

322A.1 Definitions.
When used in this chapter, unless the context otherwise requires:
1. “Additional motor vehicle dealership” includes a facility providing manufacturer-authorized or distributor-authorized service or warranty work for motor vehicles, except motor homes, of a line-make in a community in which the same line-make is represented.
2. “Community” means the franchisee’s area of responsibility as stipulated in the franchise.
3. “Consumer care” means to perform, for the public, necessary maintenance and repairs to motor vehicles.
4. “Department” means the state department of transportation.
5. a. “Franchise” means a contract between two or more persons when all of the following conditions are included:
(1) A commercial relationship of definite duration or continuing indefinite duration is involved.
(2) The franchisee is granted the right to offer and sell motor vehicles manufactured or distributed by the franchiser.
(3) The franchisee, as an independent business, constitutes a component of the franchiser’s distribution system.
(4) The operation of the franchisee’s business is substantially associated with the franchiser’s trademark, service mark, trade name, advertising, or other commercial symbol designating the franchiser.
(5) The operation of the franchisee’s business is substantially reliant on the franchiser for the continued supply of motor vehicles, parts, and accessories.
b. “Franchise” includes a separate written agreement between the franchisee and the franchiser which materially affects the franchise, whether entered into prior to the date of the franchise, contemporaneously with the franchise, or subsequent to the date of the franchise.
6. “Franchisee” means a person who receives motor vehicles from the franchiser under a franchise and who offers and sells such motor vehicles to the general public.
7. “Franchiser” means a person who manufactures or distributes motor vehicles and who may enter into a franchise as hereinafter defined.
8. “Motor vehicle” means “motor vehicles” as defined in chapter 321 which are subject to registration pursuant to the provisions thereof.
9. “Person” means a sole proprietor, partnership, corporation, or any other form of business organization.
10. “Substantially detrimental” means that, by a preponderance of the evidence, the market share of the franchiser’s motor vehicles in the community will be significantly reduced in comparison to the franchiser’s historical market share in the community.
11. “Termination or noncontinuance” includes a reduction of the geographic area of a community.
[C71, 73, 75, 77, 79, 81, §322A.1; 81 Acts, ch 22, §22]
86 Acts, ch 1245, §1940; 91 Acts, ch 27, §3; 99 Acts, ch 69, §2; 2001 Acts, ch 32, §35, 40; 2010 Acts, ch 1081, §1; 2013 Acts, ch 30, §70
Referred to in §322.5
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322A - MOTOR VEHICLE FRANCHISERS › Section 322A.2 - Discontinuing franchise.

322A.2 Discontinuing franchise.
1. Unless otherwise provided in subsection 2, notwithstanding the terms, provisions, or conditions of any agreement or franchise, a franchiser shall not terminate or refuse to continue any franchise unless the franchiser has first established, in a hearing held under the provisions of this chapter, that both of the following apply:
a. The franchiser has good cause for termination or noncontinuance.
b. Upon termination or noncontinuance, another franchise in the same line-make will become effective in the same community, without diminution of the motor vehicle service formerly provided, or that the community cannot be reasonably expected to support such a dealership.
2. A franchiser may terminate a franchise for a particular line-make if the franchiser discontinues that line-make and a franchiser may terminate a franchise if the franchisee’s license as a motor vehicle dealer is revoked pursuant to the provisions of chapter 322.
[C71, 73, 75, 77, 79, 81, §322A.2]
2010 Acts, ch 1069, §110
Referred to in §322A.22
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322A - MOTOR VEHICLE FRANCHISERS › Section 322A.3 - New franchise.

322A.3 New franchise.
In the event that a franchiser is permitted to terminate or not continue a franchise, and is further permitted not to enter into a franchise for the line-make in the community, no franchise shall thereafter be entered into for the sale of motor vehicles of that line-make in the community, unless the franchiser has first established, in a hearing held under the provisions of this chapter, that there has been a change of circumstances so that the community at that time can be reasonably expected to support the dealership.
[C71, 73, 75, 77, 79, 81, §322A.3]
2023 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
2023 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]
2023 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
2023 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
2023 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]
2023 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
2023 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
2023 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
2023 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
2023 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]
2023 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]
2023 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
2023 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]
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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]
2023 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
2023 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
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.8 - Applicability to agreements.

322C.8 Applicability to agreements.
If a towable recreational vehicle dealer also sells and services motorized recreational vehicles or other motor vehicles, the provisions of this chapter relating to manufacturer-dealer agreements apply only to such agreements, or those provisions of such agreements, applicable to towable recreational vehicles.
2019 Acts, ch 67, §7, 20
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.9 - License application and fees.

322C.9 License application and fees.
Upon application and payment of a seventy dollar fee for a two-year period or part thereof, a person may be licensed as a manufacturer or distributor of towable recreational vehicles. The application shall be in the form and shall contain information as the department prescribes. The license shall be granted or refused within thirty days after application. The license expires, unless sooner revoked or suspended by the department, on December 31 of even-numbered years. A licensee shall have the month of expiration and the month after the month of expiration to renew the license. A person who fails to renew a license by the end of this time period and desires to hold a license shall file a new license application and pay the required fee.
[C81, §322C.9]
2000 Acts, ch 1016, §26; 2000 Acts, ch 1154, §26; 2006 Acts, ch 1068, §56, 57; 2019 Acts, ch 67, §8, 20
Referred to in §322C.6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.10 - Fees.

322C.10 Fees.
Fees accruing from the administration of this chapter shall be accounted for and paid by the department into the state treasury monthly and credited to the road use tax fund.
[C81, §322C.10]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.11 - Penalties.

322C.11 Penalties.
A person violating a provision of section 322C.3 or 322C.7 is guilty of a serious misdemeanor.
[C81, §322C.11]
2000 Acts, ch 1154, §27
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.12 - Semitrailer or towable recreational vehicle retail installment contract — finance charges.

322C.12 Semitrailer or towable recreational vehicle retail installment contract — finance charges.
1. A retail installment contract or agreement for the sale of a semitrailer or towable recreational vehicle may include a finance charge not in excess of the following rates:
a. Class 1. Any new semitrailer or towable recreational vehicle designated by the manufacturer by a year model not earlier than the year in which the sale is made, an amount equivalent to one and three-fourths percent per month simple interest on the declining balance of the amount financed.
b. Class 2. Any new semitrailer or towable recreational vehicle not in class 1 and any used semitrailer designated by the manufacturer by a year model of the same or not more than two years prior to the year in which the sale is made, an amount equivalent to two percent per month simple interest on the declining balance of the amount financed.
c. Class 3. Any used semitrailer or towable recreational vehicle not in class 2 and designated by the manufacturer by a year model more than two years prior to the year in which the sale is made, an amount equivalent to two and one-fourth percent per month simple interest on the declining balance of the amount financed.
2. “Amount financed” means the same as defined in section 537.1301.
3. The limitations contained in this section do not apply in a transaction referred to in section 535.2, subsection 2. With respect to a consumer credit sale, as defined in section 537.1301, the limitations contained in this section supersede conflicting provisions of chapter 537, article 2, part 2.
[C81, §322C.12; 82 Acts, ch 1153, §3, 18(1)]
2010 Acts, ch 1061, §180; 2019 Acts, ch 67, §9, 20
This section was not enacted as a part of this chapter;
79 Acts, ch 128, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.13 - Manufacturer-dealer agreement required — community.

322C.13 Manufacturer-dealer agreement required — community.
1. A manufacturer or distributor shall not sell a new towable recreational vehicle in this state to or through a towable recreational vehicle dealer without first entering into a manufacturer-dealer agreement with the dealer that has been signed by both parties. A dealer shall not sell a new towable recreational vehicle in this state without first entering into a manufacturer-dealer agreement with a manufacturer or distributor that has been signed by both parties.
2. Except as provided in subsection 3, a manufacturer-dealer agreement shall designate the community exclusively assigned to a dealer by the manufacturer or distributor, and the manufacturer or distributor shall not change the community or contract with another dealer for the sale of the same line-make of towable recreational vehicle in the community for the duration of the agreement.
3. The community designated in a manufacturer-dealer agreement may be reviewed or changed with the consent of both parties not less than twelve months after execution of the agreement.
2019 Acts, ch 67, §10, 20
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.16 - Repurchase or sale of inventory.

322C.16 Repurchase or sale of inventory.
1. If a manufacturer-dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause, or by a dealer with good cause and, in the case of termination or cancellation, the manufacturer or distributor fails to provide notice or cure the deficiencies claimed by the dealer, the manufacturer or distributor shall, at the dealer’s option and within forty-five days after termination, cancellation, or nonrenewal, repurchase all of the following:
a. All new, untitled towable recreational vehicles that the dealer acquired from the manufacturer or distributor within twelve months prior to the effective date of the notice of termination, cancellation, or nonrenewal of the manufacturer-dealer agreement that have not been used other than for demonstration purposes, and that have not been altered or damaged, at one hundred percent of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer. If any of the towable recreational vehicles repurchased pursuant to this paragraph are damaged, but do not require a disclosure under section 321.69A, the amount due to the dealer shall be reduced by the cost to repair the vehicle. Damage incurred by a vehicle prior to delivery to the dealer that was disclosed at the time of delivery shall not disqualify repurchase pursuant to this paragraph.
b. All undamaged proprietary parts for any line-make subject to the termination, cancellation, or nonrenewal that was sold to the dealer for resale within twelve months prior to the effective date of the termination, cancellation, or nonrenewal of the manufacturer-dealer agreement, if accompanied by the original invoice, at one hundred five percent of the original net price paid to the manufacturer or distributor.
c. All properly functioning diagnostic equipment, special tools, current signage, or other equipment and machinery that was purchased by the dealer upon the request of the manufacturer or distributor for any line-make subject to the termination, cancellation, or nonrenewal within five years prior to the effective date of the termination, cancellation, or nonrenewal of the manufacturer-dealer agreement that can no longer be used in the normal course of the dealer’s ongoing business.
2. If towable recreational vehicles of a particular line-make subject to a terminated, canceled, or nonrenewed manufacturer-dealer agreement are not repurchased or required to be repurchased pursuant to the agreement, the dealer may continue to sell such vehicles existing in the dealer’s inventory until the vehicles are no longer in the dealer’s inventory.
2019 Acts, ch 67, §13, 20
Referred to in §322C.14, 322C.15
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.19 - Indemnification — warrantor and dealer.

322C.19 Indemnification — warrantor and dealer.
1. a. Notwithstanding the terms of a manufacturer-dealer agreement, a warrantor shall indemnify and hold harmless the warrantor’s dealer against any loss or damage, to the extent the loss or damage is caused by willful misconduct of the warrantor.
b. A warrantor shall not deny a dealer indemnification for failure to discover, disclose, or remedy a defect in the design or manufacture of a new towable recreational vehicle. A warrantor may deny a dealer indemnification if the dealer fails to remedy a known and announced defect in accordance with the written instructions of the warrantor for whom the dealer is obligated to perform warranty services.
c. A warrantor shall provide to the dealer a copy of any pending lawsuit in which allegations are made against the warrantor of willful misconduct. The warrantor shall provide the copy to the dealer within ten days after receiving notice of the lawsuit.
2. a. Notwithstanding the terms of a manufacturer-dealer agreement, a dealer shall indemnify and hold harmless the dealer’s warrantor against any loss or damage, to the extent that the loss or damage is caused by willful misconduct of the dealer.
b. A dealer shall provide to the warrantor a copy of any pending lawsuit in which allegations are made against the dealer of willful misconduct. The dealer shall provide the copy to the warrantor within ten days after receiving notice of the lawsuit.
3. Notwithstanding any provision of law to the contrary, this section continues to apply after a new towable recreational vehicle is titled.
2019 Acts, ch 67, §16, 20
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322C - TOWABLE RECREATIONAL VEHICLE DEALERS, MANUFACTURERS, AND DISTRIBUTORS › Section 322C.20 - Inspection and rejection by dealer.

322C.20 Inspection and rejection by dealer.
1. Whenever a new towable recreational vehicle is damaged prior to transit or is damaged in transit to a dealer and the carrier or means of transportation has been selected by the manufacturer or distributor, the dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the manufacturer-dealer agreement and shall do either of the following:
a. Request from the manufacturer or distributor authorization to replace the components, parts, or accessories damaged, or otherwise repair the vehicle to make it ready for sale at retail.
b. Reject the vehicle within the time frame set forth in the manufacturer-dealer agreement pursuant to subsection 4.
2. If the manufacturer or distributor refuses to authorize repair of the new towable recreational vehicle within ten days after receipt of a dealer’s notification, or if the dealer rejects the new towable recreational vehicle because of damage to the vehicle, ownership of the vehicle shall revert to the manufacturer or distributor.
3. The dealer shall exercise due care when in custody of a damaged new towable recreational vehicle, but the dealer shall have no other obligations, financial or otherwise, with respect to the vehicle following rejection in accordance with the manufacturer-dealer agreement pursuant to subsection 4.
4. The time frame for inspection and rejection of a damaged new towable recreational vehicle by a dealer shall be specified in the manufacturer-dealer agreement, but shall not be less than two business days after the physical delivery of the vehicle to the dealer.
2019 Acts, ch 67, §17, 20
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.2 - Franchisee’s rights to payment.

322D.2 Franchisee’s rights to payment.
1. A franchisee who enters into a written franchise with a franchiser to maintain a stock of farm implements, motorcycles, autocycles, all-terrain vehicles, snowmobiles, or related parts or attachments has the following rights to payment, at the option of the franchisee, if the franchise is terminated:
a. One hundred percent of the net cost of new, unused, complete farm implements, motorcycles, autocycles, all-terrain vehicles, snowmobiles, or related attachments, which were purchased from the franchiser. In addition, the franchisee shall have a right of payment for transportation charges on the farm implements, motorcycles, autocycles, all-terrain vehicles, or snowmobiles, which have been paid by the franchisee.
b. Eighty-five percent of the net prices of any repair parts, including superseded parts, which were purchased from the franchiser and held by the franchisee on the date that the franchise terminated.
c. Five percent of the net prices of parts resold under paragraph “b” for handling, packing, and loading of the parts. However, this payment shall not be due to the franchisee if the franchiser elects to perform the handling, packing, and loading.
2. Upon receipt of the payments due under subsection 1, the franchiser is entitled to possession of and title to the farm implements, motorcycles, autocycles, all-terrain vehicles, snowmobiles, or related parts or attachments.
3. The cost of farm implements, motorcycles, autocycles, all-terrain vehicles, snowmobiles, or related attachments and the price of repair parts shall be determined by reference to the franchiser’s price list or catalog in effect at the time of the franchise termination.
84 Acts, ch 1087, §2; 85 Acts, ch 26, §1; 85 Acts, ch 47, §5 – 7; 2002 Acts, ch 1011, §5; 2003 Acts, ch 28, §5, 8; 2016 Acts, ch 1098, §27
Referred to in §322D.8, 322D.9, 322D.10
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 322D - FARM IMPLEMENT, MOTORCYCLE, AUTOCYCLE, SNOWMOBILE, AND ALL-TERRAIN VEHICLE FRANCHISES › Section 322D.3 - Exceptions.

322D.3 Exceptions.
This chapter does not require repurchase from a franchisee of:
1. A repair part which has a limited storage life or is otherwise subject to deterioration, such as rubber items, gaskets or batteries.
2. A repair part which is in a broken or damaged package.
3. A single repair part which is priced as a set of two or more items.
4. A repair part which because of its condition is not resalable as a new part without repackaging or reconditioning.
5. Any inventory for which the franchisee is unable to furnish evidence of title and ownership in the franchisee that is free and clear of all claims, liens and encumbrances to the satisfaction of the franchiser.
6. Any inventory which a franchisee desires to keep, provided the franchisee has a contractual right in the franchise agreement to do so.
7. A farm implement, motorcycle, autocycle, all-terrain vehicle, or snowmobile which is not in new, unused, undamaged, or complete condition.
8. A repair part which is not in new, unused, or undamaged condition.
9. A farm implement, motorcycle, autocycle, all-terrain vehicle, or snowmobile which was purchased twenty-four months or more prior to the termination of the franchise.
10. Any inventory which was ordered by the franchisee on or after the date of notification of termination of the franchise.
11. Any inventory which was acquired by the franchisee from a source other than the franchiser with whom the franchise is being terminated.
12. A repair part not listed in the franchiser’s current price list in effect on the date of notice of termination or classified as nonreturnable or obsolete by the franchiser as of the date of termination. However, this exception to the repurchase requirement applies only if the franchiser provided the franchisee with an opportunity to return the exempted part prior to notice of termination of the franchise.
84 Acts, ch 1087, §3; 85 Acts, ch 47, §8; 85 Acts, ch 67, §39; 2002 Acts, ch 1011, §6; 2003 Acts, ch 28, §6, 8; 2016 Acts, ch 1098, §28