61-4-134. Procedure to determine right to succeed. (1) Any designated family member who receives notice of the manufacturer's, factory branch, distributor's, or importer's refusal to honor the family member's succession to the ownership and operation of the dealership may, within the 90-day period, file with the department a verified complaint for a hearing and determination by the department on whether good cause exists for refusal and discontinuance.
     (2) The manufacturer, factory branch, distributor, or importer must establish good cause for refusal by showing that the succession would be detrimental to the public interest or to the representation of the manufacturer, factory branch, distributor, or importer.
     (3) The franchise agreement must continue in effect until the final adjudication by the department on the verified complaint and the exhaustion of all appellate remedies available to the designated family member. The manufacturer, factory branch, distributor, or importer and the designated family member shall abide by the terms of the franchise agreement and the laws of Montana during the appeals process.
     (4) If the manufacturer, factory branch, distributor, or importer prevails, the department shall include in its order approving the termination of the franchise agreement reasonable conditions affording the complainant an opportunity to receive fair and reasonable compensation for the value of the dealership.
     (5) Any decision by the department may be reviewed pursuant to Title 2, chapter 4, part 7.

     History: En. 51-612 by Sec. 4, Ch. 381, L. 1977; R.C.M. 1947, 51-612; amd. Sec. 7, Ch. 221, L. 1997.