(a) Any vertically integrated producer who:
(1) Terminates, fails to renew, or in any manner attempts to cause the cancellation of a franchise agreement with a dealer through the use of price or service discrimination, the imposition of unreasonable hours of operation requirements, or products allocation discrimination, or otherwise attempts to effectuate the termination of a franchise agreement for reasons other than those permitted in § 47-25-604;
(2) Has operated under a franchise with such vertically integrated producer for one (1) year or more; and
(3) Upon the termination of the franchise agreement, converts the premises into a producer operated facility within two (2) years after the franchise agreement is terminated;
(b) Any corporation adjudicated to be in violation of this section shall be liable for the damages and penalties set forth in part 1 of this chapter.
(c) Presumptions arising under the operation of this section are rebuttable and may be overcome by clear and convincing evidence to the contrary.
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