California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 550 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of these regulations:
(a) "Administrative law judge" or "ALJ" means
				  an administrative law judge of the board or Office of Administrative
				  Hearings.
(b) "Affidavit" means a
				  written, ex parte statement made or taken under oath before an officer of the
				  court or a notary public or other person who has been duly authorized to
				  administer oaths.
(c) "Board" means
				  the New Motor Vehicle Board.
(d)
				  "Day" means a calendar day, unless otherwise specified.
(e) "Declaration" means a statement that was
				  made under penalty of perjury and that complies with Code of Civil Procedure
				  section
				  2015.5.
(f) "Department" means the Department of
				  Motor Vehicles of the State of California.
(g) "Director" means the Director of Motor
				  Vehicles.
(h) "Distributor" means
				  any new motor vehicle distributor or distributor branch required to be licensed
				  pursuant to Article 1 (commencing with section
				  11700) of Chapter 4 of Division 5
				  of the Vehicle Code.
(i)
				  "Electronic" means relating to technology having electrical, digital, magnetic,
				  wireless, optical, electromagnetic, or similar capabilities.
(j) "Electronically stored information" means
				  information that is stored in an electronic medium.
(k) "Executive Director" means the chief
				  executive officer of the board.
(l)
				  "Hearing" includes the taking of evidence or arguments, before an ALJ or before
				  the board itself, during the adjudicative process on the merits of a petition
				  or protest, or during the adjudication of a motion or an application for an
				  order.
(m) "Manufacturer" means any
				  new motor vehicle manufacturer as defined in Section
				  672 or manufacturer branch as
				  defined in Section
				  389 required to be licensed
				  pursuant to Article 1 (commencing with section
				  11700) of Chapter 4 of Division 5
				  of the Vehicle Code.
(n) "Motion"
				  or "motions" includes all requests and applications filed with the board
				  seeking action or ruling by the board.
(o) "Papers" means all documents, except
				  exhibits, offered for filing with the board in any proceeding.
(p) "Party" or "Parties" includes the
				  petitioner, protestant, respondent, or intervenor. For purposes of a peremptory
				  challenge, an intervenor is not a party.
(q) "Petition" means a written request filed
				  with the board pursuant to Vehicle Code section
				  3050(b).
(r) "Petitioner" means any person, including
				  a board member, who files a petition seeking consideration by the board
				  pursuant to Vehicle Code section
				  3050(b)
				  of a matter involving a person applying for or holding a license as a new motor
				  vehicle dealer, manufacturer, manufacturer branch, distributor, distributor
				  branch or representative.
(s)
				  "Proposed stipulated decision and order" is a paper submitted by the parties
				  pursuant to Vehicle Code section
				  3050.7
				  seeking to resolve one or more issues in a protest or petition pending before
				  the board.
(t) "Protest" means an
				  action filed with the board by a franchisee pursuant to Vehicle Code sections
				  3060,
				  3062,
				  3064,
				  3065,
				  3065.1,
				  3065.3,
				  3065.4,
				  3070,
				  3072,
				  3074,
				  3075, or
				  3076. A
				  protest also means an action filed with the board by an association pursuant to
				  Vehicle Code section
				  3085.
(u) "Protestant" means any licensed new motor
				  vehicle dealer as defined in Vehicle Code section
				  426 who files
				  a protest with the board. For protests filed pursuant to Vehicle Code section
				  3085, an
				  association, which is defined as an organization primarily owned by, or
				  comprised of, new motor vehicle dealers and that primarily represents the
				  interests of dealers is a protestant.
(v) "Respondent" means any licensed new motor
				  vehicle dealer, manufacturer, manufacturer branch, distributor, distributor
				  branch or representative as defined in Vehicle Code sections
				  426,
				  672,
				  389,
				  296,
				  297 and
				  512,
				  respectively, whose conduct, intended conduct, activities or practices are the
				  subject of a protest or petition.
(w) "Serve" or "service" of papers means
				  compliance with one of the methods specified in Article 1, Section
				  551.24 of these
				  regulations.
(x) "Stipulated
				  decision and order of the board" means a proposed stipulated decision and order
				  that has been adopted by the board pursuant to Vehicle Code section
				  3050.7.
These definitions are supplemental to and do not replace
					 those found in the Vehicle Code or other applicable statutes and
					 regulations.
1. New
					 subchapter 2 (sections
					 550 through
					 590, not consecutive), filed
					 1-17-69 as procedural and organizational; effective upon filing (Register 69,
					 No. 3).
2. Amendment filed 7-19-74; effective thirtieth day
					 thereafter (Register 74, No. 29).
3. Amendment of subsections (g)
					 and (h) and NOTE filed 10-16-89; operative 11-15-89 (Register 89, No.
					 44).
4. Amendment filed 12-21-90; operative 12-21-90 (Register 91,
					 No. 7).
5. Change without regulatory effect amending subsection (h)
					 and NOTE filed 12-24-92 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
6. Change without regulatory
					 effect amending subsection (d) filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
7. Amendment of subsections
					 (i)-(j) and new subsection (k) filed 11-8-2005; operative 12-8-2005 (Register
					 2005, No. 45).
8. Amendment of section and NOTE filed 2-24-2011;
					 operative 3-26-2011 (Register 2011, No. 8).
9. Amendment of
					 subsections (c), (d), (g), (n) and (t), new subsections (u) and (z), subsection
					 relettering, amendment of newly designated subsections (x) and (y) and
					 amendment of NOTE filed 10-21-2015; operative 1-1-2016 (Register 2015, No.
					 43).
10. Amendment of subsections (v) and (w) and amendment of NOTE
					 filed 9-1-2016; operative 1-1-2017 (Register 2016, No. 36).
11.
					 Change without regulatory effect amending subsections (v)-(w) and amending NOTE
					 filed 1-16-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 3).
12. Amendment of subsection (r)
					 filed 12-17-2019; operative 4-1-2020 (Register 2019, No. 51).
13.
					 Change without regulatory effect repealing subsections (c)-(d), relettering
					 subsections, amending newly designated subsections (l) and (p)-(r) and amending
					 NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
14. Amendment of subsections (t)
					 and (u) and amendment of NOTE filed 9-29-2021; operative 1-1-2022 (Register
					 2021, No. 40).
Note: Authority cited: Section
						3050, Vehicle
						Code. Reference: Sections
						1504,
						3050,
						3050.7,
						3060,
						3062,
						3064,
						3065,
						3065.1,
						3065.3,
						3065.4,
						3070,
						3072,
						3074,
						3075,
						3076 and
						3085, Vehicle
						Code; Sections
						2015.5
						and
						2016.020,
						Code of Civil Procedure; and Section
						472.5,
						Business and Professions Code.