reglab/statecodes huggingface dataset:
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 2 - Filing of Petition › Section 561 - Additional Evidence and Argument in Support of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party wishing to present to the board
				  evidence and/or arguments in addition to that submitted in accordance with
				  Section 555 herein may, prior to the first
				  consideration of the petition by the board, advise the executive director in
				  writing of its desire to do so by filing with the board not later than ten days
				  before the date set for the first consideration of the petition a request to
				  present such additional evidence and/or arguments.
(b) The request to present additional
				  evidence and/or argument filed pursuant to Section
				  561(a) herein
				  shall contain, as applicable:
(1) The names
				  and addresses of witnesses together with a brief statement summarizing their
				  expected testimony;
(2) Copies or
				  reproduction of all documentary or physical evidence, in addition to that
				  already furnished pursuant to Section
				  555(e)
				  herein;
(3) A summary of the
				  subject or subjects expected to be covered by argument;
(4) A statement of the reason or reasons why
				  it is desirable for the board to grant the request.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 2 - Filing of Petition › Section 562 - Action by the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After considering the matter, the board may do any one or
					 any combination of the following:
(a)
				  Prior to taking final action, direct the executive director to request the
				  petitioner or the respondent, or both, to augment the record, or to appear to
				  offer evidence or oral argument, or both, or to file briefs, in which event the
				  executive director shall give written notice by mail to the parties of the
				  action by the board, the time within which such augmented pleadings or such
				  briefs are to be submitted or the time and place of further hearing.
(b) Prior to taking final action, direct the
				  department to conduct an investigation and submit a written report within
				  thirty days with or without notice thereof to the parties.
(c) Undertake to mediate, arbitrate, or
				  otherwise resolve any honest difference of opinion or viewpoint existing
				  between the petitioner and respondent.
(d) Direct that the department exercise any
				  and all authority or power that it may have with respect to the issuance,
				  renewal, refusal to renew, suspension or revocation of the license and
				  certificate of the respondent as such license and certificate are required
				  under Chapter 4, Division 5 of the Vehicle Code.
(e) Order the petition dismissed, with or
				  without prejudice to the filing of another petition with respect to the same
				  matter, upon such terms or conditions as it may deem just.
1. Amendment
					 of subsections (a) and (c) and new NOTE filed 10-16-89; operative 11-15-89
					 (Register 89, No. 44).
2. Change without regulatory effect amending
					 subsection (a) filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
3. Change without regulatory
					 effect amending NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 2 - Filing of Petition › Section 563 - Voluntary Dismissal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 3-6-79 as an emergency; effective upon filing (Register 79, No.
					 10).
2. Certificate of Compliance transmitted to OAH 7-3-79 and
					 filed 7-10-79 (Register 79, No. 28).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050(a),
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 2 - Filing of Petition › Section 564 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The decision shall be in writing. Copies of the decision
					 shall be served on the parties personally or sent to them by certified mail.
					 The decision shall be final upon its delivery or mailing and no reconsideration
					 or rehearing shall be permitted.
1. Amendment
					 filed 12-19-91; operative 12-19-91 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 11).
2. Change without regulatory effect amending
					 NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
3. Amendment filed 7-28-2022;
					 operative 10-1-2022 (Register 2022, No. 30).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 2 - Filing of Petition › Section 565 - Request for Extension of Time; Temporary Ownership or Operation of a Dealership by a Manufacturer, Branch, or Distributor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After a showing of good cause by a
				  manufacturer, branch, or distributor that it needs additional time to own and
				  operate a dealership within the relevant market area of an independent dealer
				  of the same line-make in preparation for sale to a successor independent
				  franchisee, the board may extend the time period beyond one year.
(b) When a manufacturer, branch, or
				  distributor seeks to request an extension of time, it shall first give notice
				  in writing of that intention to the board and to each franchisee operating a
				  dealership of the same line-make within the relevant market area.
(c) The written notice shall contain, on the
				  first page thereof in at least 12-point bold type and circumscribed by a line
				  to segregate it from the rest of the text, the following statement:
"NOTICE TO DEALER: If you oppose this request, you may send
					 a letter to the NEW MOTOR VEHICLE BOARD in Sacramento and have your opposition
					 considered by the board. You must file your opposition with the board within 20
					 days of your receipt of this notice."
(d) When a request for extension of time has
				  been received, the board shall notify each franchisee of the same line-make
				  within the relevant market area, as provided by the manufacturer pursuant to
				  subsection (g)(1) below, that a timely request has been received, that the
				  franchisee has the opportunity to send a letter to the board opposing the
				  request and have that opposition considered by the board at its next scheduled
				  meeting, and that the status quo will be maintained until the board acts upon
				  the request for extension.
(e) In
				  determining whether good cause has been shown for granting the request for an
				  extension of time, the board shall take into consideration the existing
				  circumstances, including, but not limited to, all of the following:
(1) The written request of the manufacturer,
				  branch, or distributor;
(2) Written
				  responses in opposition to the request received from any franchisee operating a
				  dealership of the same line-make within the relevant market area;
				  and,
(3) Comments of other
				  interested parties.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 566 - Time of Filing Notice of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Change without regulatory effect amending first paragraph
					 filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
3. Change without regulatory
					 effect repealing article 3 (sections
					 566-577) and repealing section
					 filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 567 - Form of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Amendment of section heading, repealer and
					 new section and new NOTE filed 2-15-2011; operative 3-17-2011 (Register 2011,
					 No. 7).
4. Change without regulatory effect repealing section filed
					 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050(b),
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 568 - Contents of Notice of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Change without regulatory effect amending
					 subsection (b) filed 12-24-92 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
4. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 569 - Affidavit in Support of Appeal Based on Section 3054(e), Vehicle Code. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Change without regulatory effect repealing
					 section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 570 - Service of Notice upon Department. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering from Section
					 569 and amendment filed 7-19-74;
					 effective thirtieth day thereafter (Register 74, No. 29).
2. Change
					 without regulatory effect amending section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
3. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 571 - Filing with Board the Administrative Record. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Renumbering from Section
					 570 and amendment filed 7-19-74;
					 effective thirtieth day thereafter (Register 74, No. 29).
3. Change
					 without regulatory effect amending subsections (a)-(c) filed 12-31-2003
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 572 - Agreed Statement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Renumbering from Section
					 571 and amendment filed 7-19-74;
					 effective thirtieth day thereafter (Register 74, No. 29).
3.
					 Amendment of subsection (d) filed 3-6-79 as an emergency; effective upon filing
					 (Register 79, No. 10).
4. Certificate of Compliance transmitted to
					 OAH 7-3-79 and filed 7-10-79 (Register 79, No. 28).
5. Change
					 without regulatory effect amending subsections (a) and (d) filed 12-31-2003
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
6. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050(a),
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 573 - Briefs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Renumbering from Section
					 572 and amendment filed 7-19-74;
					 effective thirtieth day thereafter (Register 74, No. 29). For history of former
					 Section 573, see Register 73, No.
					 12.
3. Amendment of subsections (a) and (b) filed 3-6-79 as an
					 emergency; effective upon filing (Register 79, No. 10).
4.
					 Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-10-79 (Register
					 79, No. 28).
5. Amendment of subsection (a) filed 7-10-79 as an
					 emergency; effective upon filing. Certificate of Compliance included (Register
					 79, No. 28).
6. Change without regulatory effect amending section
					 filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
7. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050(a),
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 574 - Notice of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Change without regulatory effect amending
					 section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 575 - Continuances. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Change without regulatory effect amending
					 section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 576 - Conduct of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Change without regulatory effect repealing section filed
					 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 3 - Appeals from Decisions of the Department [Repealed] › Section 577 - Costs of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Change without regulatory effect amending
					 section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Change without regulatory
					 effect repealing section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 4 - Hearings on Petitions and Appeals › Section 578 - Reporting of Proceedings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Repealer filed 7-19-74; effective thirtieth day thereafter
					 (Register 74, No. 29).
3. Change without regulatory effect amending
					 article heading filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 4 - Hearings on Petitions and Appeals › Section 579 - Subpoenas. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering of Section
					 579 to Section
					 551.2 filed 10-16-89; operative
					 11-15-89 (Register 89, No. 44).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050.1(a),
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 4 - Hearings on Petitions and Appeals › Section 580 - Procedure at Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Evidence. The hearing need not be conducted according to technical rules
				  relating to evidence and witnesses. Any relevant evidence shall be admitted if
				  it is the sort of evidence on which responsible persons are accustomed to rely
				  in the conduct of serious affairs, regardless of the existence of any common
				  law or statutory rule which might make improper the admission of such evidence
				  over objection in civil actions. Evidence that is irrelevant or unduly
				  repetitious shall be excluded.
(b)
				  Official Notice. Before or after submission of a matter for decision, official
				  notice may be taken by the board of any generally accepted technical or
				  scientific matter within the board's special area of competence or of such
				  facts as may be judicially noticed by the courts of this state.
(c) Examination of Witnesses. Oral evidence
				  shall be taken only on oath or affirmation. Each party shall have the right to
				  call and examine witnesses; to introduce exhibits, to cross-examine opposing
				  witnesses on any matter relevant to the issues even though that matter was not
				  covered in the direct examination; to impeach any witness regardless of which
				  party first called the witness to testify; to rebut the evidence against the
				  witness; and to call and examine an adverse party or adverse witness as if
				  under cross-examination without being bound by their testimony. Board members
				  and, at the direction of the chairman of the board presiding at the hearing or
				  of any member of the board, representatives of the staff of the board, may
				  participate as appropriate, using their knowledge and experience for the
				  primary purpose of developing a full, fair and accurate record. Questioning of
				  witnesses will be controlled by the board and will generally be permitted only
				  by the attorneys or agents of parties so represented, or by the parties who
				  appear on their own behalf, members of the board and its staff. The board may
				  in its discretion, during the examination of a witness, exclude from the
				  hearing, any or all other witnesses in the same matter.
1. Amendment
					 filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
					 12).
2. Change without regulatory effect amending subsection (c)
					 filed 5-31-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 22).
3. Change without regulatory
					 effect amending subsection (c) and adding new NOTE filed 8-22-2023 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2023, No. 34).
Note: Authority cited: Section
						3050, Vehicle
						Code. Reference: Sections
						11512 and
						11513,
						Government Code; and Section
						3050, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 4 - Hearings on Petitions and Appeals › Section 581 - Deliberations of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When matters are finally submitted to the board for
					 decision, the board shall take the same under submission and shall conduct its
					 deliberations in executive session. The deliberations of the board shall be in
					 private and shall not be reported.
1. Amendment
					 filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
					 29).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 4 - Hearings on Petitions and Appeals › Section 582 - Failure to Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party who fails to appear at a hearing will not be
					 entitled to a further opportunity to be heard unless good cause for such
					 failure is shown to the board within five days thereafter. The lack of such
					 showing of good cause may, in the discretion of the board, be interpreted as an
					 abandonment of interest by such party in the subject matter of the
					 proceeding.
1. Amendment
					 filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
					 29).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 583 - Form; Separate Protests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A protest shall be in writing and conform to the provisions
					 of Article 6 herein. If the franchisee is a natural person, not a corporation
					 or other legal entity, the protest shall be signed by that person or by the
					 franchisee's attorney or representative. If the franchisee is a corporation or
					 other legal entity, the protest shall be signed by an attorney representing the
					 entity, or by an authorized representative of the entity.
Separate protests are required if there is more than one
					 franchise.
1. New
					 Article 5 (Sections
					 583-592) filed 7-19-74; effective
					 thirtieth day thereafter (Register 74, No. 29).
2. Amendment filed
					 4-12-77 as an emergency; effective upon filing (Register 77, No.
					 16).
3. Reinstatement of section as it existed prior to emergency
					 amendment filed 4-12-77 by operation of Section
					 11422.1(b),
					 Government Code (Register 78, No. 32).
4. Change without regulatory
					 effect amending section filed 5-31-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 22).
5. Amendment of section heading
					 and repealer and new section filed 2-15-2011; operative 3-17-2011 (Register
					 2011, No. 7).
6. Change without regulatory effect amending NOTE
					 filed 6-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 26).
Note: Authority cited: Section
						3050, Vehicle
						Code. Reference: Section
						3050, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 584 - Service of Protest upon Franchisor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A copy of the protest shall be served upon the franchisor
					 and proof of service in compliance with Sections
					 1013a,
					 1013b
					 and
					 2015.5,
					 Code of Civil Procedure thereof shall accompany the protest filed with the
					 executive director of the board.
1. Amendment
					 filed 4-12-77 as an emergency; effective upon filing (Register 77, No. 16). For
					 prior history, see Register 76, No. 22.
2. Reinstatement of section
					 as it existed prior to emergency amendment filed 4-12-77 by operation of
					 Section
					 11422.1(b),
					 Government Code (Register 78, No. 32).
3. Change without regulatory
					 effect amending section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Amendment of section and new
					 NOTE filed 2-22-2011; operative 3-24-2011 (Register 2011, No. 8).
5.
					 Amendment of section and NOTE filed 10-22-2018; operative 1-1-2019 (Register
					 2018, No. 43).
6. Change without regulatory effect amending NOTE
					 filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050, Vehicle
						Code; and Sections
						1013a,
						1013b
						and
						2015.5,
						Code of Civil Procedure.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 585.1 - Time of Filing and Content of Notice of Appearance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The respondent shall file a notice of appearance with the
					 board within 15 days of receipt of the protest. Failure to file a timely notice
					 of appearance shall result in the proceedings being suspended until such time
					 as a notice of appearance is filed. The notice shall contain language
					 indicating whether the party desires to appear at the hearing for purposes of
					 submitting evidence and oral argument and whether the respondent contends the
					 protest was submitted in a timely manner.
1. New
					 section filed 8-6-98; operative 9-5-98 (Register 98, No.
					 32).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050(a),
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 586 - Filing of Protest, Schedules of Compensation for Preparation and Delivery Obligations, Warranty Reimbursement Schedules, Retail Labor Rate, Retail Parts Rate and Franchisor Incentive Program Reimbursement Pursuant to Vehicle Code Sections 3064, 3065, 3065.1, 3065.4, 3074, 3075, and 3076

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Protests filed with the board under any
				  of these sections of the Vehicle Code shall be filed as follows:
(1) The protest shall set forth in clear and
				  concise language the factual contentions of the franchisee with respect to the
				  protest.
(2) The franchisee may
				  submit, as exhibits to the protest, photographic, documentary or similar
				  physical evidence relevant to the matter in support of the protest with an
				  appropriate description thereof in the protest sufficient to identify them and
				  to explain their relevancy.
(3) The
				  franchisee shall set forth in the protest its mailing address and telephone
				  number and the name, mailing address and telephone number of the franchisee's
				  attorney or authorized agent, if any. All correspondence with the franchisee
				  and notices to the franchisee shall thereafter be addressed to said address, if
				  it represents itself, or to the address of its attorney or agent, if it is
				  represented by an attorney or agent.
(4) The franchisee shall indicate either that
				  it does or does not desire to appear before the board.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 586.5 - Filing of Protests Pursuant to Vehicle Code Section 3065.3

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Protests filed with the board under this
				  section of the Vehicle Code shall be filed as follows:
(1) The protest shall set forth in clear and
				  concise language the factual contentions of the franchisee with respect to the
				  protest.
(2) The franchisee may
				  submit, as exhibits to the protest, photographic, documentary or similar
				  physical evidence relevant to the matter in support of the protest with an
				  appropriate description thereof in the protest sufficient to identify them and
				  to explain their relevancy.
(3) The
				  franchisee shall set forth in the protest its mailing address and telephone
				  number and the name, mailing address and telephone number of the franchisee's
				  attorney or authorized agent, if any. All correspondence with the franchisee
				  shall thereafter be addressed to said address, if it represents itself, or to
				  the address of its attorney or agent, if it is represented by an attorney or
				  agent.
(4) The franchisee shall
				  indicate either that it does or does not desire to appear before the
				  board.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 587 - Stipulation of Fact

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  hearing initiated by the filing of a protest with the board pursuant to
				  Sections 3060,
				  3062,
				  3064,
				  3065,
				  3065.1,
				  3070,
				  3072,
				  3074,
				  3075, and
				  3076 may be held based in whole or
				  in part on a stipulation of fact. Within 45 days after filing a protest, the
				  franchisee shall file with the executive director of the board the original and
				  10 copies of such statement signed by the parties.
(b) The statement shall show the nature of
				  the controversy, identify the questions of law, if any, and set forth only
				  those facts alleged or sought to be proved, as are necessary to a determination
				  of the issues raised by the protest.
(c) For good cause shown, the executive
				  director may grant a continuance for the filing of a stipulation of fact of not
				  more than fifteen days.
1. Amendment
					 of subsection (a) and new NOTE filed 9-29-99; operative 10-29-99 (Register 99,
					 No. 40).
2. Change without regulatory effect amending subsections
					 (a) and (c) and NOTE filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Sections
						3050(a) and
						(d),
						3060,
						3062,
						3064,
						3065,
						3065.1,
						3070,
						3072,
						3074,
						3075 and
						3076, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 588 - Deliberations of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When matters are finally submitted to the board for
					 decision, or the board receives a proposed decision of an administrative law
					 judge, the board shall take the same under submission and shall conduct its
					 deliberations in executive session. The deliberations of the board shall be in
					 private and shall not be reported.
1. Change
					 without regulatory effect amending section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 589 - Failure to Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party who fails to appear at a hearing will not be
					 entitled to a further opportunity to be heard unless good cause for such
					 failure is shown to the board or to the administrative law judge within five
					 days thereafter. The lack of such showing of good cause may, in the discretion
					 of the board or the administrative law judge, be interpreted as an abandonment
					 of interest by such party in the subject matter of the
					 proceeding.
1. Change
					 without regulatory effect amending section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 590 - Hearings by Board or by Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All hearings on protests filed pursuant to Sections
					 3060,
					 3062,
					 3064,
					 3065,
					 3065.1,
					 3065.3,
					 3065.4,
					 3070,
					 3072,
					 3074,
					 3075,
					 3076, or
					 3085 may be considered by the
					 entire board or may, at its discretion, be conducted by an administrative law
					 judge designated by the board who shall either be a member of the board, an
					 administrative law judge on the staff of the Office of Administrative Hearings,
					 or any person specifically designated by the board.
1. Amendment
					 filed 9-23-76 as an emergency; effective upon filing (Register 76, No.
					 39).
2. Certificate of Compliance filed 12-15-76 (Register 76, No.
					 51).
3. Amendment of section and new NOTE filed 9-29-99; operative
					 10-29-99 (Register 99, No. 40).
4. Change without regulatory effect
					 amending section heading, section and NOTE filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
5. Amendment filed 3-24-2006;
					 operative 4-23-2006 (Register 2006, No. 12).
6. Amendment of section
					 and NOTE filed 12-6-2016; operative 4-1-2017 (Register 2016, No.
					 50).
7. Change without regulatory effect amending section and NOTE
					 filed 1-16-2019 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2019, No. 3).
8. Amendment of section and NOTE
					 filed 9-29-2021; operative 1-1-2022 (Register 2021, No.
					 40).
Note: Authority cited: Section
						3050, Vehicle
						Code. Reference: Sections
						3050,
						3060,
						3062,
						3064,
						3065,
						3065.1,
						3065.3,
						3065.4,
						3066,
						3070,
						3072,
						3074,
						3075,
						3076,
						3080,
						3085 and
						3085.2,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 591 - Notice of Hearing of Protest

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall, by an order, fix the time and place of
					 hearing on the merits of a protest. The hearing shall be within 60 days of the
					 date of such order. A copy of the order giving notice of the time and place of
					 hearing shall be sent by certified mail to the franchisor and the protesting
					 franchisee, and to all parties, individuals, and groups that have requested
					 such notice.
1. Amendment
					 of section heading and section and new NOTE filed 2-15-2011; operative
					 3-17-2011 (Register 2011, No. 7).
2. Change without regulatory
					 effect amending NOTE filed 2-25-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 9).
3. Change without regulatory
					 effect amending NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Sections
						3050,
						3066 and
						3080, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 5 - Protests › Section 592 - Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within the time limitation fixed by Section
					 3066(a) or
					 3080(a), the
					 board, or the administrative law judge, for good cause shown, may continue the
					 date fixed for the hearing. Application for continuance shall be in writing and
					 filed with the executive director at least 10 days prior to the date of
					 hearing. No continuances otherwise requested shall be granted except in extreme
					 emergencies such as serious accident or death.
1. Change
					 without regulatory effect amending section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
2. Change without regulatory
					 effect amending section and adding NOTE filed 2-25-2016 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2016, No. 9).
3. Change without regulatory
					 effect amending NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Sections
						3050,
						3066 and
						3080, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 6 - Form of Filings and Notices › Section 593 - Papers Defined - Approved Forms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering from section
					 585 filed 7-19-74; effective
					 thirtieth day thereafter (Register 74, No. 29).
2. Amendment of
					 article heading filed 10-21-94; operative 10-21-94 pursuant to Government Code
					 section
					 11346.2(d)
					 (Register 94, No. 42).
3. Change without regulatory effect amending
					 section filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
4. Repealer filed 2-16-2011;
					 operative 3-18-2011 (Register 2011, No. 7).
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 6 - Form of Filings and Notices › Section 593.1 - Notices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All written notices pursuant to Vehicle Code section
					 3060,
					 3062,
					 3070, or
					 3072 shall
					 be:
(a) Separately issued to each
				  franchisee; and
(b) Separately
				  issued for each line-make represented by a franchisee.
Notices shall not be combined to include more than one
					 franchisee nor combined to include more than one line-make.
1. New
					 section filed 10-21-94; operative 10-21-94 pursuant to Government Code section
					 11346.2(d)
					 (Register 94, No. 42).
2. Change without regulatory effect amending
					 section and NOTE filed 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
3. Amendment of section and NOTE
					 filed 2-15-2011; operative 3-17-2011 (Register 2011, No.
					 7).
Note: Authority cited: Sections
						3060,
						3062,
						3070 and
						3072, Vehicle
						Code. Reference: Sections
						3060,
						3062,
						3070 and
						3072, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 6 - Form of Filings and Notices › Section 593.2 - Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any brief filed with the board in support or opposition to
					 any application, motion, memorandum of points and authorities or other position
					 paper, shall include copies of any court decision cited within that brief which
					 decision is not taken from an official reporter.
1. New
					 section filed 8-10-98; operative 9-9-98 (Register 98, No.
					 33).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 6 - Form of Filings and Notices › Section 593.3 - Failure to File or to Timely File Statutorily Required Notices or Schedules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to file or to timely file the statutorily required
					 notices or schedules required by the Vehicle Code may result in the board
					 ordering the department to exercise any and all authority or power that the
					 department may have with respect to the issuance, renewal, refusal to renew,
					 suspension, or revocation of the license of any new motor vehicle dealer,
					 manufacturer, manufacturer branch, distributor, distributor branch, or
					 representative as that license is required under Chapter 4 (commencing with
					 Section 11700) of Division
					 5.
1. New
					 section filed 3-8-2002; operative 4-7-2002 (Register 2002, No.
					 10).
2. Amendment of NOTE filed 2-15-2011; operative 3-17-2011
					 (Register 2011, No. 7).
3. Change without regulatory effect amending
					 section heading and section filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Sections
						3060,
						3062,
						3064,
						3065,
						3070,
						3072,
						3074,
						3075 and
						11713.3,
						Vehicle Code; and Section
						1795.92, Civil
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 6 - Form of Filings and Notices › Section 594 - Size of Paper, Pagination, Etc

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All papers shall be printed or
				  typewritten on opaque, unglazed, white paper, not less than twenty pound
				  weight, standard quality letter size (8 ½ x 11 inches in size). Only one
				  side of the paper shall be used and the margins shall be not less than 1 inch
				  on the left hand side of the page and ½ inch on the top, bottom and
				  right hand sides of the page.
(b)
				  Headings shall be either capitalized or underscored, or both, and all
				  quotations shall be indented.
(c)
				  The font shall not be smaller than 12 points.
(d) The lines on each page shall be double
				  spaced.
(e) Line numbers shall be
				  placed at the left margin and separated from the text of the paper by a
				  vertical column of space at least one-fifth inch wide or a single or double
				  vertical line. The line number either shall be placed on the same line as a
				  line of text or shall be evenly spaced vertically on the page. Line numbers
				  shall be consecutively numbered beginning with the number 1 on each page. There
				  shall be at least three line numbers for every vertical inch on the
				  page.
(f) All papers shall be
				  firmly bound together at the top.
(g) Exhibits may be fastened to pages of the
				  specified sizes and, when prepared by a copying process, shall be equal to
				  printed or typewritten material in legibility and permanency of
				  image.
(h) Except for exhibits,
				  each paper filed with the board must bear a footer in the bottom margin of each
				  page, placed below the page number and divided from the rest of the document
				  page by a printed line. The footer must contain the title of the paper or some
				  clear and concise abbreviation. The title of the paper in the footer must be at
				  least 10-point font.
1.
					 Renumbering from Section
					 586 filed 7-19-74; effective
					 thirtieth day thereafter (Register 74, No. 29).
2. Amendment of
					 section and new NOTE filed 9-5-2000; operative 10-5-2000 (Register 2000, No.
					 36).
3. Amendment of section and NOTE filed 2-16-2011; operative
					 3-18-2011 (Register 2011, No. 7).
Note: Authority cited: Sections
						3050(a),
						Vehicle Code. Reference: Sections
						3050 and
						3051, Vehicle
						Code.