Before the termination, cancellation, or nonrenewal
of a franchise, the manufacturer shall give written notification
to both the department and the dealer. The notice must be by
certified mail or personally delivered to the new motorsports
vehicle dealer and must state the intention to terminate, cancel,
or not renew the franchise, the reasons for the termination,
cancellation, or nonrenewal, and the effective date of the
termination, cancellation, or nonrenewal. The notice must be
given:
(1) Not less than ninety days, which runs concurrently with
the ninety-day period provided in RCW 46.93.060(1)(c), before the
effective date of the termination, cancellation, or nonrenewal;
(2) Not less than fifteen days before the effective date of
the termination, cancellation, or nonrenewal with respect to any
of the following that constitute good cause for termination,
cancellation, or nonrenewal:
(a) Insolvency of the dealer or the filing of any petition
by or against the dealer under bankruptcy or receivership law;
(b) Failure of the dealer to conduct sales and service
operations during customary business hours for seven consecutive
business days, except for acts of God or circumstances beyond the
direct control of the dealer;
(c) Conviction of the dealer, or principal operator of the
dealership, of a felony punishable by imprisonment; or
(d) Suspension or revocation of a license that the dealer is
required to have to operate the dealership where the suspension
or revocation is for a period in excess of thirty days;
(3) Not less than one hundred eighty days before the
effective date of termination, cancellation, or nonrenewal, where
the manufacturer intends to discontinue sale and distribution of
the new motorsports vehicle line.
[2003 c 354 § 7.]