60-1420 Franchise; termination; hearing; when required. - Nebraska Statutes

60-1420. Franchise; termination; hearing;when required.(1) Except as provided in subsection (2) ofthis section, no franchisor shall terminate or refuse to continue any franchiseunless the franchisor has first established, in a hearing held pursuant tosection 60-1425, that:(a) The franchisor has good cause for termination or noncontinuance;(b) Upon termination or noncontinuance, another franchise in the sameline-make will become effective in the same community, without diminutionof the franchisee's service formerly provided, or that the community cannotbe reasonably expected to support such a dealership; and(c) The franchisor is willing and able to comply with section 60-1430.02.(2) Upon providing good and sufficient evidence to the board, a franchisormay terminate a franchise without such hearing (a) for a particular line-makeif the franchisor discontinues that line-make, (b) if the franchisee's licenseas a motor vehicle, combination motor vehicle and trailer, motorcycle, ortrailer dealer is revoked pursuant to theMotor Vehicle Industry Regulation Act, or (c) upon a mutual writtenagreement of the franchisor and franchisee. SourceLaws 1971, LB 768, § 20; Laws 1987, LB 327, § 1; Laws 1989, LB 280, § 5; Laws 2010, LB816, § 72.AnnotationsThe Federal Arbitration Act preempts Nebraska law which is in conflict with the act. Cornhusker Internat. Trucks v. Thomas Built Buses, 263 Neb. 10, 637 N.W.2d 876 (2002).The means by which a dealership can be terminated are found solely within this section. Chrysler Motors Corp. v. Lee Janssen Motor Co., 248 Neb. 322, 534 N.W.2d 309 (1995).Where the Nebraska Motor Vehicle Industry Licensing Board's order is clearly conditional, operating only in the event that the franchisor finds another franchisee and notifies the board of the fact that it has done so, it is not a final order and is therefore not appealable. Garber v. State, 241 Neb. 523, 489 N.W.2d 550 (1992).