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§47-565.1.


§47-565.1.
   
   Notwithstanding the terms of any franchise agreement, and subject to
   the following conditions contained in paragraphs 1 through 5 of this
   section, any manufacturer or distributor who prevents or refuses to
   honor the succession to a dealership by any legal heir or devisee
   under the will of a new motor vehicle dealer or under the laws of
   descent and distribution of this state without good cause or good
   faith, as defined in this section, shall be subject to the following
   procedure:
   
   1. Within one hundred twenty (120) days after the death of the new
   motor vehicle dealer, the manufacturer shall receive a written notice
   from any legal heir or devisee who intends to establish a successor
   dealership. If timely notice is not so received, then this paragraph
   shall not apply, and any succession shall be governed solely by the
   terms of the franchise;
   
   2. Within thirty (30) days of receipt of the legal heir's or devisee's
   timely written notice, the manufacturer may request, and the legal
   heir or devisee shall, within a reasonable time, provide any
   information which is reasonably necessary for the manufacturer to
   evaluate the proposed successor dealer and dealership, including, but
   not limited to, applications, proposals for facilities and financing;
   
   3. Within sixty (60) days of receipt of such information, the
   manufacturer shall approve or disapprove the proposed successor
   dealership, and in case of disapproval shall communicate in writing
   such disapproval and grounds for disapproval to the legal heir or
   devisee;
   
   4. Failure of the manufacturer to act in a timely manner with respect
   to any time period described above shall constitute a waiver of the
   manufacturer's right to disapprove the proposed succession;
   
   5. Within ten (10) days of its receipt of the manufacturer's notice of
   disapproval, the legal heir or devisee may file a protest of the
   manufacturer's decision with the Commission and request a hearing.
   Such hearing shall be heard in a substantially similar manner as
   provided by Section 566 of Title 47 of the Oklahoma Statutes, except
   that the Commission shall render a final decision within sixty (60)
   days of the filing of the protest. The manufacturer shall have the
   burden of proof to show that its disapproval was for a good cause and
   in good faith. The disapproval by the manufacturer shall be final if
   the legal heir or devisee fails to file a timely protest of such
   disapproval. In the event that the Commission finds that the
   manufacturer's disapproval was not made for good cause, then it shall
   issue a final order requiring the manufacturer to honor the successor
   designated in the notice sent by the legal heir or devisee.
   Notwithstanding anything to the contrary in this section, a new motor
   vehicle dealer may designate any person as his successor by filing a
   written instrument pursuant to the franchise with the manufacturer
   during the new motor vehicle dealer's lifetime. In such a case, the
   written instrument and franchise shall govern the dealership
   succession.
   
   The suspension, revocation or refusal to issue or renew a license or
   the imposition of any other penalty by the Commission shall be in
   addition to any penalty which might be imposed upon any licensee upon
   judgment or conviction in a court of competent jurisdiction for any
   violation of the provisions of Sections 561 through 567, 572, 578 and
   579 of this title and Section 17 of this act.
   

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