Montana Code 61-4-134. Procedure to determine right to succeed
61-4-134. Procedure to determine right to succeed. (1) Any designated family member who receives notice of the manufacturer‘s, factory branch’s, 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 a written complaint with the department for a hearing and determination by the department as to whether good cause exists for refusal to honor the designated family member’s succession to the operation and ownership of the dealership.
Terms Used In Montana Code 61-4-134
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Designated family member: means the spouse, child, grandchild, parent, brother, or sister of a new motor vehicle dealer, as defined in 61-4-201, who:
(i)in the case of a deceased dealer:
(A)is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will or under the laws of intestate succession of this state; or
(B)has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership; or
(ii)in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property. See Montana Code 61-4-131
- Manufacturer: includes any person engaged in the manufacture of motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, or off-highway vehicles as a regular business. See Montana Code 61-1-101
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(2)The manufacturer, factory branch, distributor, or importer must establish good cause for refusal by showing that the designated family member failed to comply with the provisions of 61-4-132(2) or that the succession would be detrimental to the public interest.
(3)The franchise agreement must continue in effect until the final adjudication by the department on the written 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 adjudication by the department and 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 designated family member 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.