LD 1294, Page 2 - 121th Legislature, FIRST REGULAR Session

modification to the motor vehicle dealer, unless the

modification is required by law or ~~court~~ board order.

Within the ~~60-day~~ 365-day notice period, the motor vehicle

dealer may file with the ~~Superior Court in the county where~~

~~the dealership is located~~ board and serve notice upon the

manufacturer a protest requesting a determination of

whether there is good cause for permitting the proposed

modification. The manufacturer has the burden of proving

good cause. The ~~court~~ board shall promptly schedule a

hearing and decide the matter within 180 days from the date

the protest is filed. Multiple protests pertaining to the

same proposed modification must be consolidated for

hearing. The proposed modification may not take effect

pending the determination of the matter. In determining

whether there is good cause for permitting a proposed

modification, any relevant factors must be considered,

including, but not limited to:

(1) The reasons for the proposed modification;

(2) Whether the proposed modification is applied to
or affects all motor vehicle dealers in a
nondiscriminatory manner;

(3) Whether the proposed modification will have a
substantial and adverse effect upon the motor vehicle
dealer's investment or return on investment;

(4) Whether the proposed modification is in the
public interest;

(5) Whether the proposed modification is necessary
to the orderly and profitable distribution; and

(6) Whether the proposed modification is offset by
other modifications beneficial to the motor vehicle
dealer.

Notice in good faith to a motor vehicle dealer of that
dealer's violation of the terms or provisions of the
franchise or contractual agreement does not constitute a
violation of this chapter;

Sec. 6. 10 MRSA §1174, sub-§3, ¶M, as amended by PL 1997, c. 521,
§14, is further amended to read:

M. To require, coerce or attempt to coerce a franchisee to
refrain from participation in the management of, investment in
or the acquisition of any other line of new motor vehicle or
related products as long as the franchisee maintains a

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