§1174. Prohibited conduct
The following acts shall be deemed unfair methods of competition and unfair and deceptive
practices. It shall be unlawful for any: [1975, c. 573, (NEW).]
1. Damage to public.
Manufacturer, factory branch, factory representative, distributor or wholesaler,
distributor branch, distributor representative or motor vehicle dealer to engage in
any action which is arbitrary, in bad faith or unconscionable and which causes damage
to any of said parties or to the public;
[
RR 2013, c. 1, §13 (COR)
.]
2. Coercion involving deliveries and orders.
Manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory
branch or division, or a wholesale branch or division, or officer, agent or other
representative thereof, to coerce or attempt to coerce, any motor vehicle dealer:
A. To order or accept delivery of any motor vehicle or vehicles, appliances, equipment,
parts or accessories therefor, or any other commodity or commodities which such motor
vehicle dealer has not voluntarily ordered, or to order or accept delivery of any
motor vehicle with special features, appliances, accessories or equipment not included
in the list price of said motor vehicles as publicly advertised by the manufacturer
thereof; or [RR 2013, c. 1, §14 (COR).]
B. To order for any person any parts, accessories, equipment, machinery, tools, appliances
or any commodity whatsoever; [RR 2013, c. 1, §14 (COR).]
[
RR 2013, c. 1, §14 (COR)
.]
3. Certain interference in dealer's business.
Manufacturer, distributor, wholesaler, distributor branch or division, factory branch
or division, or wholesale branch or division, or officer, agent or other representative
thereof:
A. To refuse to deliver in reasonable quantities and within a reasonable time after receipt
of a dealer's order to any motor vehicle dealer having a franchise or contractual
arrangement for the retail sale of new motor vehicles sold or distributed by that
manufacturer, distributor, distributor branch or division, factory branch or division
any motor vehicles or parts or accessories to motor vehicles covered by that franchise
or contract specifically publicly advertised by that manufacturer, distributor, distributor
branch or division, factory branch or division or wholesale branch or division to
be available for delivery. The allocation of new motor vehicles in this State must
be made on a fair and equitable basis and must consider the needs of those dealerships
with a relevant market area radius of more than 5 miles as defined in section 1174-A,
subsection 1. The manufacturer has the burden of establishing the fairness of its
allocation system. A failure by a manufacturer to provide to a dealer a fair and adequate supply and
mix of vehicles, including the allocation of vehicles under any separate dealer designation,
including but not limited to "premier," "business class or elite" or any other designation
not available to all new motor vehicle dealers for that franchise, that results in
an effort to terminate a new motor vehicle dealer for, in whole or in part, poor sales
performance or market penetration may be evidence that the termination was not for
good cause. The failure to deliver any motor vehicle is not considered a violation of this
chapter if the failure is due to an act of God, work stoppage or delay due to a strike
or labor difficulty, shortage of materials, freight embargo or other cause over which
the manufacturer, distributor or any agent of the manufacturer or distributor has
no control. A separate dealer agreement is not required of a new motor vehicle dealer
already a party to a dealer agreement or franchise agreement for the retail sale of
any particular new motor vehicle model made or distributed by a manufacturer, distributor,
distributor branch or division, factory branch or division, wholesale branch or division
or officer, agent or other representative thereof, except that a manufacturer or distributor
may require a dealer to purchase special tools or equipment, stock reasonable quantities
of certain parts, purchase reasonable quantities of promotional materials or participate
in training programs that are reasonably necessary for the dealer to sell or service
such a new motor vehicle model. Any special tools, parts or signs not used within
2 years of receipt by the dealer may be returned by the dealer to the manufacturer
or distributor for a full refund of cost of those special tools, parts and signs; [2013, c. 534, §2 (AMD).]
B. To coerce, or attempt to coerce, a motor vehicle dealer to enter into an agreement
with that manufacturer, distributor, distributor branch or division, factory branch
or division, wholesale branch or division or officer, agent or other representative
thereof, or to do any other act prejudicial to the dealer by threatening to cancel
a franchise or a contractual agreement existing between that manufacturer, distributor,
distributor branch or division, factory branch or division or wholesale branch or
division and that dealer or by threatening or attempting to modify a franchise during
the term of the franchise or upon its renewal, if the modification substantially and
adversely affects the motor vehicle dealer's rights, obligations, investment or return
on investment, without giving 90 days' written notice by certified mail of the proposed
modification to the motor vehicle dealer, unless the modification is required by law
or board order. Within the 90-day notice period, the motor vehicle dealer may file
with the 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 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; [2003, c. 356, §6 (AMD).]
C.
[1981, c. 331, §4 (RP).]
C-1. To discriminate, directly or indirectly, against a dealer or to take any action to
terminate a dealer's franchise based solely upon the results of a survey of a dealer's
customers conducted on behalf of a manufacturer, distributor, distributor branch or
division, factory branch or division, wholesale branch or division or officer or
agent thereof that is intended or otherwise purports to measure the performance of
a dealer, except a sales contest or other recognition program based on reasonable
sales and service criteria; [1997, c. 521, §9 (NEW).]
D. To resort to or use any false or misleading advertisement in connection with the business
as a manufacturer, distributor, distributor branch or division, factory branch or
division, wholesaler branch or division or officer, agent or other representative
thereof or to force any dealer or association of dealers formed to advertise the sale
of new motor vehicles to participate in any advertising campaign or contest or to
purchase any promotional materials, display devices or display decorations or materials
at the expense of the new motor vehicle dealer; [1997, c. 521, §10 (AMD).]
E. To offer to sell or to sell any new motor vehicle at a lower actual price therefor
than the actual price offered to any other motor vehicle dealer for the same model
vehicle similarly equipped or to utilize any device including, but not limited to,
sales promotion plans or programs which result in such lesser actual price; provided,
however, this paragraph shall not apply to sales to a motor vehicle dealer for resale
to any unit of the United States Government; and provided, further, the provisions
of this paragraph shall not apply to sales to a motor vehicle dealer of any motor
vehicle ultimately sold, donated or used by said dealer in a driver education program;
and provided further, that this paragraph shall not apply so long as a manufacturer,
distributor, wholesaler or any agent thereof, offers to sell or sells new motor vehicles
to all motor vehicle dealers at an equal price. This paragraph shall not apply to
sales by a manufacturer, distributor or wholesaler to the United States Government
or any agency thereof; [RR 2013, c. 1, §15 (COR).]
F. To offer to sell or lease or to sell or lease a new motor vehicle to any person except
a distributor at a lower actual price than the actual price offered and charged to
a motor vehicle dealer for the same model vehicle similarly equipped or to utilize
any device that results in a lesser actual price; [1997, c. 521, §11 (AMD).]
F-1. To vary or change the cost or the markup in any fashion or through any device whatsoever
to any dealer for any motor vehicle of that line make based on:
(1) The purchase by any dealer of furniture or other fixtures from any particular
source; or
(2) The purchase by any dealer of computers or other technology from any particular
source.
A manufacturer that designates any tool as special or essential, or who requires the
purchase of hardware or software, whether or not designated as an essential tool,
may recover from the dealer only the actual costs of providing any such tool, the
actual costs of user fees, the actual costs of maintenance fees and other costs of
any nature of software for any such tool, as long as the tool is directly available
only from the manufacturer or its wholly owned subsidiary; [2013, c. 534, §3 (AMD).]
G. To offer to sell or to sell parts or accessories to any new motor vehicle dealer for
use in that dealer's own business for the purpose of replacing or repairing the same or a comparable part
or accessory, at a lower actual price therefor than the actual price charged to any
other new motor vehicle dealer for similar parts or accessories for use in that dealer's own business; provided, however, in those cases where motor vehicle dealers operate
and serve as wholesalers of parts and accessories to retail outlets, nothing contained
in this chapter shall be construed to prevent a manufacturer, distributor, wholesaler
or any agent thereof from selling to a motor vehicle dealer who operates and services
as a wholesaler of parts and accessories, such parts and accessories as may be ordered
by such motor vehicle dealer for resale to retail outlets, at a lower price than the
actual price charged a motor vehicle dealer who does not operate or serve as a wholesaler
of parts and accessories; [RR 2013, c. 1, §16 (COR).]
H. To prevent or attempt to prevent by contract or otherwise any motor vehicle dealer
from changing the capital structure of that dealer's dealership or the means by or through which that dealer finances the operation of the dealership, provided the dealer at all times meets any reasonable capital standards
agreed to between the dealership and the manufacturer, distributor or wholesaler,
and provided such change by the dealer does not result in a change in the executive
management control of the dealership; [RR 2013, c. 1, §16 (COR).]
I. To prevent or attempt to prevent by contract or otherwise a motor vehicle dealer or
an officer, partner or stockholder of a motor vehicle dealer from selling or transferring
any part of the interest of any of them to any other person or persons or party or
parties, except that a dealer, officer, partner or stockholder does not have the
right to sell, transfer or assign the franchise or power of management or control
under that franchise without the consent of the manufacturer, distributor or wholesaler,
which may not be unreasonably withheld.
A franchisor may not exercise a right of first refusal or other right to acquire a
motor vehicle franchise from a franchisee as a means to influence the consideration
or other terms offered by a person in connection with the acquisition of the franchise
or to influence a person to refrain from entering into, or to withdraw from, negotiations
for the acquisition of the franchise.
A franchisor may exercise a right of first refusal or other right to acquire a franchise
from a franchisee if all of the following requirements are met:
(1) At the election of the franchisee, the franchisor assumes the lease for or acquires
the real property on which the franchise is conducted on the same terms as those on
which the real property or lease was to be sold or transferred to the acquiring transferee
in connection with the sale of the franchise, unless otherwise agreed to by the franchisee
and the franchisor;
(2) The franchisor assumes all of the obligations of the underlying agreement or
proposal that entitles the franchisor to exercise the right of first refusal; and
(3) The franchisor reimburses the acquiring transferee of the motor vehicle franchise
for the reasonable expenses paid or incurred by the transferee in evaluating and investigating
the franchise and negotiating and pursuing the acquisition of the franchise prior
to the franchisor's exercise of the right of first refusal or other right to acquire
the franchise. For purposes of this subsection, expenses to evaluate and investigate
the franchise include, in addition to any other expenses associated with the evaluation
and investigation of the franchise, legal and accounting expenses and expenses associated
with the evaluation and investigation of any real property on which the franchise
is conducted, including, but not limited to, expenses associated with title examinations,
environmental assessments and other expenses directly related to the acquisition or
lease of the real property by the acquiring transferee. Upon reimbursement, any title
reports or other reports or studies received by the acquiring transferee as a result
of the evaluation or investigation of the franchise or the real property on which
the franchise is conducted must be provided to the franchisor. The acquiring transferee
shall submit an itemized list of the expenses to be reimbursed along with supporting
documents, if any, to the franchisor no later than 30 days after receipt of a written
request for an itemized list of the expenses from the franchisor. The franchisor
shall make payment within 30 days after the exercise of the right of first refusal.
For purposes of this paragraph, "acquiring transferee" means the person who made the
offer that entitles the franchisor to exercise a right of first refusal.
The right of first refusal does not apply in any right of succession established in
section 1174-C unless the franchisor and either the franchisee, if the franchisee
is not deceased or incapacitated, or, if the franchisee is deceased or incapacitated,
the designated family member or other person authorized to succeed the franchisee
pursuant to section 1174-C, subsection 1, paragraphs A to C agree to the exercise
of a right of first refusal; [1999, c. 766, §2 (AMD).]
J. To obtain money, goods, services, anything of value, or any other benefit from any
other person with whom the motor vehicle dealer does business, on account of or in
relation to the transactions between the dealer and said other person, unless such
benefit is promptly accounted for and transmitted to the motor vehicle dealer; [RR 2013, c. 1, §17 (COR).]
K. To compete with a motor vehicle dealer operating under an agreement or franchise from
the manufacturer, distributor or wholesaler in the relevant market area, the area
to be determined exclusively by equitable principles, except that a manufacturer or
distributor is not considered to be competing when operating a dealership either temporarily
for a reasonable period, in any case not to exceed one year, or in a bona fide relationship
in which an independent person has made a significant investment subject to loss in
the dealership and can reasonably expect to acquire full ownership of the dealership
on reasonable terms and conditions and except that a distributor is not considered
to be competing when a wholly owned subsidiary corporation or the distributor sells
motor vehicles at retail if, for at least 3 years prior to January 1, 1975, the subsidiary
corporation has been a wholly owned subsidiary of the distributor and engaged in the
sale of motor vehicles at retail; [1997, c. 521, §13 (AMD).]
L. To require a motor vehicle dealer to assent to a release assignment, novation, waiver
or estoppel which would relieve any person from liability imposed by this chapter; [RR 2013, c. 1, §18 (COR).]
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 reasonable line
of credit for each franchise and the franchisee remains in substantial compliance
with reasonable facilities requirements of the franchisor. The reasonable facilities
requirements may not include any requirement that a franchisee establish or maintain
exclusive facilities, personnel or display space; [2003, c. 356, §7 (AMD).]
N. To require any new motor vehicle dealer to change the location of the new motor vehicle
dealership or during the course of the agreement or as a condition of renewal of a
franchise agreement to make any substantial alterations to the dealership premises
when to do so would be unreasonable. A manufacturer may not require any substantial alterations or renovations to the
dealership's premises without written assurance of a sufficient supply of new motor
vehicles so as to justify an expansion in light of the current market and economic
conditions or require any new motor vehicle dealer to use a specific product or service
provider in relation to any dealership premises or facilities alterations or renovations
unless the manufacturer reimburses the dealer for a substantial portion, which may
not be less than 55%, of the cost of the product or service provider. However, a new
motor vehicle dealer may elect to use a vendor selected by the dealer if the product
or service is substantially similar in quality and design to that required by the
manufacturer, subject to the manufacturer's approval, which may not be unreasonably
withheld. A manufacturer may not require any substantial renovation or alteration
to dealership premises or facilities without providing, upon a dealer's request, a
dealer-specific detailed economic analysis of the impact of the alteration or renovation
on sales, service and dealer profitability that substantiates the need for the alteration
or renovation or require a new motor vehicle dealer to make any substantial alterations
or renovations more than once every 10 years. A dealer-specific economic analysis
provided by the manufacturer may not be interpreted as a guaranty of a return on investment
by the dealer. Nothing in this paragraph creates an exemption from the requirements
of state health and safety laws or local zoning laws or restricts the requirement
to comply with alterations or renovations that are necessary to adequately sell or
service a vehicle due to the technology of the vehicle. Nothing in this paragraph
allows a dealer or vendor to infringe upon or impair a manufacturer's intellectual
property or trademark and trade dress rights. A manufacturer is not required to reimburse
a dealer for the cost of signs or other materials bearing that manufacturer's own
trademark; [2013, c. 534, §4 (AMD).]
O. To cancel, terminate, fail to renew or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer, notwithstanding the terms, provisions or
conditions of any agreement or franchise and notwithstanding the terms or provisions
of any waiver, unless a manufacturer has:
(1) Satisfied the notice requirement of paragraph R;
(2) Acted in good faith as defined in this chapter; and
(3) Has good cause for the cancellation, termination, nonrenewal or noncontinuance.
The manufacturer has the burden of proof for showing that it has acted in good faith,
that the notice requirements have been complied with and that there was good cause
for the franchise termination, cancellation, nonrenewal or noncontinuance; [1997, c. 521, §15 (AMD).]
P. To terminate, fail to renew or refuse to continue any franchise relationship with
a licensed new motor vehicle dealer, notwithstanding the terms, provisions or conditions
of any agreement or franchise or the terms or provisions of any waiver, unless good
cause exists. Good cause may not be shown or based solely on the desire of the manufacturer,
distributor, distributor branch or division or officer, agent or other representative
thereof for market penetration. Good cause exists for the purposes of a termination,
cancellation, nonrenewal or noncontinuance when:
(1) There is a failure by the new motor vehicle dealer to comply with a provision
of the franchise, which provision is both reasonable and of material significance
to the franchise relationship, as long as compliance on the part of the new motor
vehicle dealer is reasonably possible and the manufacturer first acquired actual or
constructive knowledge of the failure not more than 180 days prior to the date on
which notification is given pursuant to paragraph R.
When the failure by the new motor vehicle dealer relates to the performance of the
new motor vehicle dealer in sales or service, the failure of the new motor vehicle
dealer to effectively carry out the performance provisions of the franchise is good
cause if:
(a) The new motor vehicle dealer was apprised by the manufacturer in writing of that
failure; the notification stated that notice was provided of failure of performance
pursuant to this section; and the new motor vehicle dealer was afforded a reasonable
opportunity for a period of not less than 180 days to exert good faith efforts to carry out the performance provisions;
(b) The failure thereafter continued within the period that began not more than 180
days before the date notification of termination, cancellation, noncontinuance or nonrenewal was given pursuant to paragraph R; and
(c) The new motor vehicle dealer has not substantially complied with reasonable performance
criteria established by the manufacturer and communicated to the dealer; or
(3) The dealer and the manufacturer or distributor agree not to renew the franchise, although the dealer is entitled to the protections set forth in paragraph S in any
termination, cancellation, nonrenewal or noncontinuance, whether by the manufacturer
or the dealer; however, a termination, cancellation, nonrenewal or noncontinuance
resulting from a sale of the assets or stock of the dealer or when a franchisee of
motor homes, as defined in Title 29-A, section 101, subsection 40, voluntarily terminates
a motor home franchise is exempt from the requirements of paragraph S; [2009, c. 367, §3 (AMD).]
Q. To cancel, terminate, fail to renew or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer, notwithstanding the terms, provisions or
conditions of any agreement or franchise or notwithstanding the terms or provisions
of any waiver, based on any of the following items, which do not constitute good cause:
(1) The change of ownership of the new motor vehicle dealer's dealership. This subparagraph
does not authorize any change in ownership that would have the effect of the sale
of the franchise without the manufacturer's or distributor's written consent. This
consent may not be unreasonably withheld. The burden of establishing the reasonableness
is on the manufacturer or distributor;
(2) The fact that the new motor vehicle dealer unreasonably refused to purchase or
accept delivery of any new motor vehicle parts, accessories or any other commodity
or services not ordered by the new motor vehicle dealer, except that the manufacturer
may require that the dealer stock a reasonable supply of parts or accessories as required
to perform campaign, recall or warranty work and except that this provision is not
intended to modify or supersede any requirement of the franchise that dealers market
a representative line of those motor vehicles that the manufacturer is publicly advertising;
(3) The fact that the new motor vehicle dealer owns, has an investment in, participates
in the management of or holds a license for the sale of another make or line of new
motor vehicle or that the new motor vehicle dealer has established another make or
line of new motor vehicle in the same dealership facilities as those of the manufacturer,
provided that the new motor vehicle dealer maintains a reasonable line of credit for
each make or line of new motor vehicle and that the new motor vehicle dealer remains
in substantial compliance with reasonable facilities' requirements of the manufacturer;
(4) The fact that the new motor vehicle dealer sells or transfers ownership of the
dealership or sells or transfers capital stock in the dealership to the new motor
vehicle dealer's spouse, son or daughter and the manufacturer shall give effect to
that change in the ownership in the franchise unless the transfer of the new motor
vehicle dealer's license is denied or the new owner is unable to license. This paragraph
does not authorize any changes in ownership that have the effect of the sale of the
franchise without the manufacturer's or distributor's written consent. This consent
may not be unreasonably withheld. The burden of establishing the reasonableness is
on the manufacturer or distributor; or
(4-A) The fact that there is a survey or surveys of a dealer's customers conducted
by or on behalf of the manufacturer, distributor, distributor branch or distributor
representative, factory branch or factory representative that is intended or otherwise
purports to measure the performance of a dealer; [1997, c. 521, §17 (AMD).]
R. To cancel, terminate, fail to renew or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer, notwithstanding the terms, provisions or
conditions of any agreement or franchise or the terms or provisions of any waiver,
without first furnishing notification of the termination to the new motor vehicle
dealer as follows:
(1) Notification under this paragraph shall be in writing, shall be by certified
mail or personally delivered to the new motor vehicle dealer and shall contain:
(a) A statement of intention to terminate the franchise, cancel the franchise or
not to renew the franchise;
(b) A statement of the reasons for the termination, cancellation or nonrenewal; and
(c) The date on which the termination, cancellation or nonrenewal takes effect;
(2) The notice described in this paragraph shall not be less than 90 days prior to
the effective date of the termination, cancellation or nonrenewal; or
(3) The notice described in this paragraph shall not be less than 15 days prior to
the effective date of the termination, cancellation or nonrenewal with respect to
any of the following:
(a) Insolvency of the new motor vehicle dealer, or filing of any petition by or against
the new motor vehicle dealer under any bankruptcy or receivorship law; [1995, c. 65, Pt. A, §15 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF).]
Subsection 3, paragraph R, subparagraph (3), division (a) "receivorship" should be
"receivership"
(b) The business operations of the franchised motor vehicle dealer have been abandoned
or closed for 7 consecutive business days unless the closing is due to an act of God,
strike or labor difficulty;
(c) Conviction of or plea of nolo contendere of a franchised motor vehicle dealer,
or one of its principal owners, of any Class A, B or C crime, as defined in the Maine
Criminal Code, Title 17-A, in which a sentence of imprisonment of one year or more
is imposed under Title 17-A, sections 1251 and 1252; or
(d) Revocation of the franchised motor vehicle dealer's license pursuant to Title
29-A, section 903; [1995, c. 65, Pt. A, §15 (AMD); 1995, c. 65, Pt. A, §153 (AFF); 1995, c. 65, Pt. C, §15 (AFF).]
S. To cancel, terminate, fail to renew or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer without providing fair and reasonable compensation
to the licensed new motor vehicle dealer for:
(1) All unsold new model motor vehicle inventory of the current and previous model
year purchased from the manufacturer;
(2) Supplies and parts purchased from the manufacturer or its approved sources that are listed in the current parts catalog or identical to a part in the current
parts catalog except for the number assigned to the part, and that can be used for
repairs under the terms of a manufacturer’s new motor vehicle warranty;
(3) Equipment and furnishings purchased from the manufacturer or its approved sources
less a reasonable allowance for normal wear and tear; and
(4) Special tools and automotive service equipment owned by the dealer that were designated as special
tools or equipment and required by and purchased from the manufacturer or its approved sources, if the tools and equipment are in useable and good condition, normal wear and tear
excepted.
Except for a termination related to a conviction and imprisonment for a felony involving
moral turpitude that is substantially related to the qualifications, functions or duties of a franchisee, if the new motor vehicle dealer is leasing the dealership facilities from a lessor other
than the manufacturer, the manufacturer shall pay the new motor vehicle dealer a sum
equivalent to one year's rent or, if the new motor vehicle dealer owns the facilities, the manufacturer shall pay
the new motor vehicle dealer a sum equivalent to the reasonable rental value of the
facilities for one year, prorated for each line make at the facility based on total
sales volume of each line make at the facility for the calendar year prior to the
involuntary termination, cancellation, noncontinuance or nonrenewal. The manufacturer shall pay the new motor vehicle dealer the sum equivalent to the
rent or the reasonable rental value of the facilities when possible within 90 days
of the effective date of the termination, cancellation, noncontinuance or nonrenewal
if the new motor vehicle dealer has notified the manufacturer of the amount of rent
or reasonable rental value to which the dealer is entitled.
The fair and reasonable compensation for the items listed in subparagraphs (1) to
(4) may in no instance be less than the acquisition price and must be paid by the
manufacturer when possible within 90 days of the effective date of the termination,
cancellation, noncontinuance or nonrenewal, provided that the new motor vehicle dealer has clear title to the
inventory and other items and is in a position to convey that title to the manufacturer.
These items must be paid for by the manufacturer when possible within 90 days of the
effective date of the termination, cancellation, noncontinuance or nonrenewal.
In order to be entitled to rental assistance from the manufacturer, the dealer is
obligated to mitigate rental assistance by listing the dealership facilities for lease
or sublease with a licensed real estate agent within 30 days after the effective date
of the termination of the franchise and thereafter by reasonably cooperating with
the real estate agent in the performance of the agent’s duties and responsibilities.
In the event that the dealer is able to lease or sublease the dealership facilities
on terms that are consistent with local zoning requirements to preserve the right
to sell motor vehicles from the dealership facilities and the terms of the dealer’s
lease, the dealer is required to pay the manufacturer the net revenue received from
such mitigation, but only following receipt of rental assistance payments pursuant
to this paragraph and only up to the total amount of rental assistance payments that
the dealer has received. If the facility is used for the operations of more than
one franchise, the dealer does not have a duty to list the dealership facilities,
and the reasonable rental assistance must be paid based upon the portion of the facility
used by the franchise being terminated, cancelled, noncontinued or nonrenewed for
one year unless the space is filled with another product line, in which case no rental
payments are required.
In lieu of any injunctive relief or any other damages, if the manufacturer fails to
prove there was good cause for the termination, cancellation, noncontinuance or nonrenewal, or if the manufacturer fails to prove that it acted in good faith,
then the manufacturer may pay the new motor vehicle dealer fair and reasonable compensation
for the value of the dealership as an ongoing business; [2009, c. 367, §4 (AMD).]
T. To act as, offer to act as or purport to be a broker; [2013, c. 534, §5 (AMD).]
U. To cancel, terminate, fail to renew or refuse to continue any franchise relationship
with a licensed new motor vehicle dealer not less than 180 days prior to the effective
date of such termination, cancellation, noncontinuance or nonrenewal that occurs in
whole or in part as a result of any change in ownership, operation or control of all
or any part of the business of the manufacturer, whether by sale or transfer of assets,
corporate stock or other equity interest, assignment, merger, consolidation, combination,
joint venture, redemption, operation of law or otherwise; or the termination, suspension
or cessation of a part or all of the business operations of the manufacturer; or discontinuance
of the sale of the product line or a change in distribution system by the manufacturer,
whether through a change in distributors or the manufacturer's decision to cease conducting
business through a distributor altogether.
In addition to any other payments or requirements in this chapter, if a termination,
cancellation, noncontinuance or nonrenewal was premised in whole or in part upon any
of the occurrences set forth in this paragraph, the manufacturer is liable to the
licensed new motor vehicle dealer in an amount at least equivalent to the fair market
value of the franchise arising from the termination, cancellation, noncontinuance
or nonrenewal of the franchise.
(1) If liability is based on the fair market value of the franchise, which must include
diminution in value of the facilities leased or owned by the dealer as a result of
the loss of the franchise to operate in the facilities, the fair market value must
be computed on the date in divisions (a) to (c) that yields the highest fair market
value:
(a) The date the manufacturer announces the action that results in termination, cancellation,
noncontinuance or nonrenewal;
(b) The date the action that results in termination, cancellation, noncontinuance
or nonrenewal first becomes general knowledge; or
(c) The date 12 months prior to the date on which the notice of termination, cancellation,
noncontinuance or nonrenewal is issued.
If the termination, cancellation, noncontinuance or nonrenewal is due to the manufacturer's
change in distributors, the manufacturer may avoid paying fair market value to the
licensed new motor vehicle dealer if the new distributor or the manufacturer offers
the dealer a franchise agreement with terms acceptable to the dealer.
If an entity other than the original manufacturer of a line make becomes the manufacturer
for the line make and intends to distribute motor vehicles of that line make in this
State, that entity shall honor the franchise agreements of the original manufacturer
and its licensed new motor vehicle dealers or offer those dealers of that line make,
or of motor vehicles historically of that line make that are substantially similar
in their design and specifications and are manufactured in the same facility or facilities,
a new franchise agreement with substantially similar terms and conditions; or [2015, c. 329, Pt. C, §1 (AMD); 2015, c. 329, Pt. C, §4 (AFF).]
V. Except as expressly authorized in this paragraph, to require a motor vehicle dealer
to provide its customer lists, customer information, consumer contact information,
transaction data or service files.
(1) The following definitions apply to this paragraph.
(a) "Dealer management computer system" means a computer hardware and software system
that is owned or leased by the dealer, including a dealer's use of web applications,
software or hardware, whether located at the dealership or provided at a remote location,
and that provides access to customer records and transactions by a motor vehicle dealer
and that allows the motor vehicle dealer timely information in order to sell vehicles,
parts or services through that motor vehicle dealership.
(b) "Dealer management computer system vendor" means a seller or reseller of dealer
management computer systems, a person that sells computer software for use on dealer
management computer systems or a person that services or maintains dealer management
computer systems, but only to the extent the seller, reseller or other person listed
is engaged in such activities.
(c) "Security breach" means an incident of unauthorized access to and acquisition
of records or data containing dealership or dealership customer information through
which unauthorized use of the dealership or dealership customer information has occurred
or is reasonably likely to occur or that creates material risk of harm to a dealership
or a dealership's customer. An incident of unauthorized access to and acquisition
of records or data containing dealership or dealership customer information, or an
incident of disclosure of dealership customer information to one or more 3rd parties
that was not specifically authorized by the dealer or customer, constitutes a security
breach.
(2) Any requirement by a manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, wholesale branch or division or officer,
agent or other representative thereof that a new motor vehicle dealer provide its
customer lists, customer information, consumer contact information, transaction data
or service files as a condition of the dealer's participation in any incentive program
or contest, for a customer or dealer to receive any incentive payments otherwise earned
under an incentive program or contest, for the dealer to obtain customers or customer
leads or for the dealer to receive any other benefits, rights, merchandise or services
that the dealer would otherwise be entitled to obtain under the franchise or any other
contract or agreement or that are customarily provided to dealers is voidable at the
option of the dealer, unless all of the following conditions are satisfied:
(a) The customer information requested relates solely to the specific program requirements
or goals associated with such manufacturers' or distributors' own new vehicle makes
or specific vehicles of their own make that are certified preowned vehicles and the
dealer is not required to provide general customer information or other information
related to the dealer;
(b) The requirement is lawful and would not require the dealer to allow any customer
the right to opt out under the federal Gramm-Leach-Bliley Act, 15 United States Code,
Chapter 94, Subchapter I; and
(c) The dealer is not required to allow the manufacturer, distributor or a 3rd party
to have direct access to the dealer's dealer management computer system, but the dealer
is instead permitted to provide the same dealer, consumer or customer data or information
specified by the manufacturer or distributor by timely obtaining and pushing or otherwise
furnishing the required data in a widely accepted file format in accordance with subparagraph
(11).
(3) Nothing contained in this section limits the ability of a manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or division, wholesale
branch or division or officer, agent or other representative thereof to require that
the dealer provide, or use in accordance with law, customer information related solely
to that manufacturer's or distributor's own vehicle makes to the extent necessary
to:
(a) Satisfy any safety or recall notice obligations;
(b) Complete the sale and delivery of a new motor vehicle to a customer;
(c) Validate and pay customer or dealer incentives; or
(d) Submit to the manufacturer, distributor, wholesaler, distributor branch or division,
factory branch or division, wholesale branch or division or officer, agent or other
representative thereof claims under section 1176.
(4) At the request of a manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, wholesale branch or division or officer,
agent or other representative thereof, a dealer may be required to provide customer
information related solely to that manufacturer's, distributor's, wholesaler's, distributor
branch's or division's, factory branch's or division's or wholesale branch's or division's
own vehicle makes for reasonable marketing purposes, market research, consumer surveys,
market analysis and dealership performance analysis, except that the dealer is required
to provide such customer information only if the provision of the information is lawfully
permissible, the requested information relates solely to specific program requirements
or goals associated with the manufacturer's or distributor's own vehicle makes and
does not require the dealer to provide general customer information or other information
related to the dealer and the requested information can be provided without requiring
that the dealer allow any customer the right to opt out under the federal Gramm-Leach-Bliley
Act, 15 United States Code, Chapter 94, Subchapter I.
(5) A manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent, dealer management
computer system vendor or other representative thereof, or a 3rd party acting on behalf
of a manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agency, dealer management
computer system vendor or other representative thereof, may not access or obtain dealer
or customer data from or write dealer or customer data to a dealer management computer
system used by a motor vehicle dealer or require or coerce a motor vehicle dealer
to use a particular dealer management computer system, unless the dealer management
computer system allows the dealer to reasonably maintain the security, integrity and
confidentiality of the data maintained in the system. A manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or division, wholesale
branch or division or officer, agent, dealer management computer system vendor or
other representative thereof, or a 3rd party acting on behalf of a manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or division, wholesale
branch or division or officer, agency, dealer management computer system vendor or
other representative thereof, may not prohibit a dealer from providing a means to
regularly and continually monitor the specific data accessed from or written to the
dealer's dealer management computer system or from complying with applicable state
and federal laws, rules and regulations. Nothing in this subparagraph imposes an
obligation on a manufacturer, distributor, wholesaler, distributor branch or division,
factory branch or division, wholesale branch or division or officer, agent, dealer
management computer system vendor or other representative thereof, or a 3rd party
acting on behalf of a manufacturer, distributor, wholesaler, distributor branch or
division, factory branch or division, wholesale branch or division or officer, agency,
dealer management computer system vendor or other representative thereof, to provide
such capability.
(6) A manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor, or a 3rd party acting on behalf
of a manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor may not access or use customer
or prospect information maintained in a dealer management computer system used by
a motor vehicle dealer for purposes of soliciting a customer or prospect on behalf
of, or directing a customer or prospect to, any other dealer. The limitations in
this subsection do not apply to:
(a) A customer that requests a reference to another dealership;
(b) A customer that moves more than 60 miles away from the dealer whose data were
accessed;
(c) Customer or prospect information that was provided to the dealer by the manufacturer,
distributor, wholesaler, distributor branch or division, factory branch or division,
wholesale branch or division or officer, agent or other representative thereof; or
(d) Customer or prospect information obtained by the manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division, wholesale branch or division
or officer, agent or other representative thereof in which the dealer agrees to allow
the manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor or a 3rd party acting on behalf
of a manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor the right to access and use the
customer or prospect information maintained in the dealer's dealer management computer
system for purposes of soliciting a customer or prospect of the dealer on behalf of
or directing a customer or prospect to any other dealer in a separate, stand-alone
written instrument dedicated solely to such an authorization.
(7) A manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor or a 3rd party acting on behalf
of a manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor may not provide access to customer
or dealership information maintained in a dealer management computer system used by
a motor vehicle dealer without first obtaining the dealer's prior express written
consent, revocable by the dealer upon 5 days' written notice, to provide such access.
Prior to obtaining such consent and prior to entering into an initial contract or
renewal of a contract with a dealer, the manufacturer, distributor, wholesaler, distributor
branch or division, factory branch or division, wholesale branch or division or officer,
agent or other representative thereof or dealer management computer system vendor
or a 3rd party acting on behalf of or through a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division, wholesale branch or division
or officer, agent or other representative thereof or dealer management computer system
vendor shall provide to the dealer a written list of all specific 3rd parties to whom
any data obtained from the dealer have actually been provided within the 12-month
period ending November 1st of the prior year. The list must describe the scope and
specific fields of the data provided. In addition to the initial list, a dealer management
computer system vendor or a 3rd party acting on behalf of or through a dealer management
computer system vendor must provide to the dealer an annual list of 3rd parties to
whom such data are actually being provided on November 1st of each year and to whom
the data have actually been provided in the preceding 12 months and describe the scope
and specific fields of the data provided. Lists required pursuant to this subparagraph
must be provided to the dealer by January 1st of each year. A dealer management computer
system vendor's contract that directly relates to the transfer or accessing of dealer
or dealer customer information must conspicuously state: "NOTICE TO DEALER: THIS
AGREEMENT RELATES TO THE TRANSFER AND ACCESSING OF CONFIDENTIAL INFORMATION AND CONSUMER-RELATED
DATA." Consent in accordance with this subparagraph does not change any such person's
obligations to comply with the terms of this section and any additional state or federal
laws, rules and regulations. A dealer management computer system vendor may not refuse
to provide a dealer management computer system to a motor vehicle dealer if the dealer
refuses to provide consent under this subparagraph.
(8) A dealer management computer system vendor or 3rd party acting on behalf of or
through a dealer management computer system vendor may not access or obtain data from
or write data to a dealer management computer system used by a motor vehicle dealer
unless the dealer management computer system allows the dealer to reasonably maintain
the security, integrity and confidentiality of customer and dealer information maintained
in the system. A dealer management computer system vendor or 3rd party acting on
behalf of or through a dealer management computer system vendor may not prohibit a
dealer from providing a means to regularly and continually monitor the specific data
accessed from or written to the dealer management computer system and from complying
with applicable state and federal laws, rules and regulations. This subparagraph
does not impose on a manufacturer, distributor, wholesaler, distributor branch or
division, factory branch or division, wholesale branch or division or officer, agent
or other representative thereof or dealer management computer system vendor or a 3rd
party acting on behalf of or through a manufacturer, distributor, wholesaler, distributor
branch or division, factory branch or division, wholesale branch or division or officer,
agent or other representative thereof or dealer management computer system vendor
an obligation to provide such capability.
(9) A manufacturer, distributor, wholesaler, distributor branch or division, factory
branch or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor or a 3rd party acting on behalf
of or through a manufacturer, distributor, wholesaler, distributor branch or division,
factory branch or division, wholesale branch or division or officer, agent or other
representative thereof or dealer management computer system vendor that has electronic
access to customer or motor vehicle dealership data in a dealer management computer
system used by a motor vehicle dealer shall provide notice to the dealer of any security
breach of dealership or customer data obtained through that access, which at the time
of the security breach was in the possession or custody of the manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or division, wholesale
branch or division or officer, agent or other representative thereof or dealer management
computer system vendor or a 3rd party. The disclosure notification must be made without
unreasonable delay by the manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, wholesale branch or division or officer,
agent or other representative thereof or dealer management computer system vendor
or a 3rd party following discovery by the person, or notification to the person, of
the security breach. The disclosure notification must describe measures reasonably
necessary to determine the scope of the security breach and corrective actions that
may be taken in an effort to restore the integrity, security and confidentiality of
the data; these measures and corrective actions must be implemented as soon as practicable
by all persons responsible for the security breach.
(10) Nothing in this section precludes, prohibits or denies the right of the manufacturer,
distributor, wholesaler, distributor branch or division, factory branch or division,
wholesale branch or division or officer, agent or other representative thereof to
receive customer or dealership information from a motor vehicle dealer for the purposes
of complying with federal or state safety requirements or implement any steps related
to manufacturer recalls at such times as necessary in order to comply with federal
and state requirements or manufacturer recalls as long as receiving this information
from the dealer does not impair, alter or reduce the security, integrity and confidentiality
of the customer and dealership information collected or generated by the dealer.
(11) Notwithstanding any of the terms or provisions contained in this subparagraph
or in any consent, authorization, release, novation, franchise or other contract or
agreement, whenever any manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, wholesale branch or division or officer,
agent or other representative thereof or dealer management computer system vendor
or a 3rd party acting on behalf of or through a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division, wholesale branch or division
or officer, agent or other representative thereof or dealer management computer system
vendor requires that a new motor vehicle dealer provide any dealer, consumer or customer
data or information through direct access to a dealer's dealer management computer
system, the dealer is not required to provide, and may not be required to consent
to provide in a written agreement, that direct access to its dealer management computer
system. The dealer may instead provide the same dealer, consumer or customer data
or information specified by the requesting party by timely obtaining and furnishing
the requested data to the requesting party in a widely accepted file format except
that, when a dealer would otherwise be required to provide direct access to its dealer
management computer system under the terms of a consent, authorization, release, novation,
franchise or other contract or agreement, a dealer that elects to provide data or
information through other means may be charged a reasonable initial setup fee and
a reasonable processing fee based on actual incremental costs incurred by the party
requesting the data for establishing and implementing the process for the dealer.
A term or provision contained in a consent, authorization, release, novation, franchise
or other contract or agreement that is inconsistent with this subsection is voidable
at the option of the dealer.
(12) Notwithstanding the terms or conditions of any consent, authorization, release,
novation, franchise or other contract or agreement, a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division, wholesale branch or division
or officer, agent or other representative thereof or dealer management computer system
vendor or a 3rd party acting on behalf of or through a manufacturer, distributor,
wholesaler, distributor branch or division, factory branch or division, wholesale
branch or division or officer, agent or other representative thereof or dealer management
computer system vendor that has electronic access to consumer or customer data or
other information in a dealer management computer system used by a new motor vehicle
dealer, or who has otherwise been provided consumer or customer data or other information
by the dealer, shall fully indemnify and hold harmless a dealer from whom it has acquired
that consumer or customer data or other information from all damages, costs and expenses
incurred by that dealer, including, but not limited to, judgments, settlements, fines,
penalties, litigation costs, defense costs, court costs and attorney's fees arising
out of complaints, claims, civil or administrative actions and, to the fullest extent
allowable under the law, governmental investigations and prosecutions to the extent
caused by the access, storage, maintenance, use, sharing, disclosure or retention
of that dealer's consumer or customer data or other information by the manufacturer,
distributor, wholesaler, distributor branch or division, factory branch or division,
wholesale branch or division or officer, agent or other representative thereof or
dealer management computer system vendor or a 3rd party acting on behalf of or through
a manufacturer, distributor, wholesaler, distributor branch or division, factory branch
or division, wholesale branch or division or officer, agent or other representative
thereof or dealer management computer system vendor. [2015, c. 329, Pt. C, §2 (AMD); 2015, c. 329, Pt. C, §4 (AFF).]
W. [2015, c. 329, Pt. C, §4 (AFF); 2015, c. 329, Pt. C, §3 (RP).]
[
2015, c. 329, Pt. C, §§1-3 (AMD);
2015, c. 329, Pt. C, §4 (AFF)
.]
3-A. Successor manufacturer.
Successor manufacturer, for a period of 5 years from the date of acquisition of control
by that successor manufacturer, to offer a franchise to any person for a line make
of a predecessor manufacturer in any franchise market area in which the predecessor
manufacturer previously cancelled, terminated, noncontinued, failed to renew or otherwise
ended a franchise agreement with a franchisee who had a franchise facility in that
franchise market area without first offering the franchise to the former franchisee
at no cost, unless:
A. Within 30 days of the former franchisee's cancellation, termination, noncontinuance
or nonrenewal, the predecessor manufacturer had consolidated the line make with another
of its line makes for which the predecessor manufacturer had a franchisee with a then-existing
franchise facility in that franchise market area; [2009, c. 432, §2 (NEW).]
B. The successor manufacturer has paid the former franchisee the fair market value of
the former franchisee's motor vehicle dealership in accordance with this subsection;
or [2009, c. 432, §2 (NEW).]
C. The successor manufacturer proves that the former franchisee is not competent to be
a franchisee. [2009, c. 432, §2 (NEW).]
For purposes of this subsection, "franchise market area" means the area located within
15 miles of the territorial limits of the municipality in which the former franchisee's
franchise facility was located.
For purposes of this subsection, the fair market value of a former franchisee's motor
vehicle dealership must be calculated as of the date of the following that yields
the highest fair market value: the date the predecessor manufacturer announced the
action that resulted in the cancellation, termination, noncontinuance or nonrenewal;
the date the action that resulted in cancellation, termination, noncontinuance or
nonrenewal became final; or the date 12 months prior to the date that the predecessor
manufacturer announced the action that resulted in the cancellation, termination,
noncontinuance or nonrenewal; and
[
RR 2013, c. 1, §20 (COR)
.]
4. Dealer violations.
Motor vehicle dealer:
A. To require a purchaser of a new motor vehicle, as a condition of sale and delivery
thereof, to also purchase special features, appliances, equipment, parts or accessories
not desired or requested by the purchaser; provided, however, that this prohibition
does not apply as to special features, appliances, equipment, parts or accessories
that are already installed on the car when received by the dealer; provided further,
that the motor vehicle dealer prior to the consummation of the purchase reveals to
the purchaser the substance of this paragraph; [1995, c. 269, §1 (AMD).]
B. To represent and sell as a new motor vehicle, without disclosure, any motor vehicle
that has been used and operated for demonstration purposes or is otherwise a used
motor vehicle; [1997, c. 521, §20 (AMD).]
C. To resort to or use any false or misleading advertisement in connection with business
as a motor vehicle dealer; [1997, c. 521, §20 (AMD).]
D. To fail to disclose conspicuously in writing the motor vehicle dealer's policy in
relation to the return of deposits received from any person. A dealer shall require
that a person making a deposit sign the form on which the disclosure appears; [RR 2009, c. 1, §12 (COR).]
E. To fail to disclose in writing to a purchaser of a new motor vehicle before entering
into a sales contract that the new motor vehicle has been damaged and repaired if
the dealer has knowledge of the damage or repair and if the damage calculated at the
retail cost of repair to the new motor vehicle exceeds 5% of the manufacturer's suggested
retail price, except that a new motor vehicle dealer is not required to disclose to
a purchaser that any glass, bumpers, audio system, instrument panel, communication
system or tires were damaged at any time if the glass, bumpers, audio system, instrument
panel, communication system or tires have been replaced with original or comparable
equipment; or [RR 2009, c. 1, §13 (COR).]
F. To fail to disclose in writing to a potential purchaser or lessee of a motor vehicle
that the motor vehicle had previously been returned to the manufacturer pursuant to
either a lemon law arbitration decision or a lemon law settlement agreement in a state
other than this State if known to the dealer. If that information is known to the
dealer, this disclosure must be clear and conspicuous. For the purpose of this section,
"lemon law" refers to any state's certified dispute settlement law that establishes
a state-certified arbitration procedure to settle consumer complaints that the consumer
had been sold a vehicle that did not conform to all manufacturer express warranties
and that the manufacturer had not been able to repair or correct the defect or condition
that impaired the vehicle. [2009, c. 53, §1 (NEW).]
[
RR 2009, c. 1, §§12, 13 (COR)
.]
SECTION HISTORY
1975, c. 573, (NEW).
1979, c. 498, §1 (AMD).
1981, c. 331, §§4-6 (AMD).
1981, c. 470, §§A23-A25 (AMD).
1995, c. 65, §A15 (AMD).
1995, c. 65, §§A153,C15 (AFF).
1995, c. 269, §1 (AMD).
1997, c. 521, §§8-22 (AMD).
1999, c. 766, §§1,2 (AMD).
2003, c. 356, §§6-8 (AMD).
RR 2009, c. 1, §§12, 13 (COR).
2009, c. 53, §1 (AMD).
2009, c. 367, §§2-6 (AMD).
2009, c. 432, §2 (AMD).
RR 2013, c. 1, §§13-20 (COR).
RR 2013, c. 2, §14 (COR).
2013, c. 534, §§2-6 (AMD).
2015, c. 329, Pt. C, §§1-3 (AMD).
2015, c. 329, Pt. C, §4 (AFF).
