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 1 - Administration › Section 551.14 - Request for Informal Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to initiating a petition pursuant
				  to section
				  3050(b)
				  of the Vehicle Code, either party may request that the board mediate any honest
				  difference of opinion or viewpoint existing between any member of the public
				  and any new motor vehicle dealer, manufacturer, manufacturer branch,
				  distributor, distributor branch, or representative.
(b) Participation in informal mediation is
				  voluntary, informal, and nonadversarial.
(c) The request for informal mediation shall
				  set forth the nature of the matter which the board is requested to mediate. The
				  request for informal mediation shall comply substantially with the following
				  requirements:
(1) Include the name, mailing
				  address and telephone number of the person requesting informal mediation; the
				  name, mailing address and telephone number of their attorney or authorized
				  agent if any, and the name and address of the licensee or applicant for license
				  whose activities or practices are in question.
(2) Insofar as is known to the person
				  requesting informal mediation, include the names, residence addresses and
				  business addresses of persons and the dates, places and specific actions or
				  practices involved in the matter.
(3) Describe the relief or disposition of the
				  matter which the person requesting informal mediation would consider
				  acceptable.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.15 - Request for Discovery; Informal Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of discovery, the board or its executive
					 director, or an administrative law judge designated by the board or its
					 executive director may, if deemed appropriate and proper under the
					 circumstances, authorize the parties to engage in such discovery procedures as
					 are provided for in civil actions in Chapter 1 (commencing with Section
					 2016.010) of Title 4 of Part 4 of
					 the Code of Civil Procedure, excepting the provisions of Chapter 13, Sections
					 2030.010 through
					 2030.410 of that
					 code.
1. New
					 section filed 2-4-2003; operative 3-6-2003 (Register 2003, No.
					 6).
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 amending section filed 8-24-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 34).
4. Change without regulatory
					 effect amending section filed 11-9-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 46).
5. 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 1 - Administration › Section 551.16 - Informal Mediation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of the request for informal
				  mediation, the Board staff will initiate a conference call with the parties to
				  ascertain whether the licensee or applicant for license whose activities or
				  practices are in question is agreeable to participating in informal
				  mediation.
(b) If the licensee or
				  applicant for license whose activities or practices are in question is not
				  agreeable to participating in informal mediation, either party may request that
				  this matter be converted to a petition proceeding pursuant to Article 1,
				  section 551.17.
(c) If the licensee or applicant for license
				  whose activities or practices are in question is agreeable to participating in
				  informal mediation, a mutually agreeable date for informal mediation will be
				  calendared.
(1) Upon order of the board, and
				  at least five business days prior to participating in informal mediation, the
				  parties shall file and serve a premediation statement which includes a detailed
				  statement of facts, statement of issues, and a realistic proposal for resolving
				  the dispute.
(2) The board, its
				  executive director, or an administrative law judge designated by the board or
				  its executive director, shall preside over the informal mediation.
(3) Evidence set forth in declarations of
				  expert or percipient witnesses made under penalty of perjury may be considered
				  by the board, its executive director, or an administrative law judge designated
				  by the board or its executive director, in their discretion.
(4) At any time during informal mediation,
				  either party may request that this matter be converted to a petition proceeding
				  pursuant to Article 1, section
				  551.17
(5) All communications, negotiations, or
				  settlement discussions by and between participants in the course of informal
				  mediation shall remain confidential.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.17 - Conversion of Informal Mediation to Petition; Confidentiality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board or
				  its executive director, upon the request of either party, or upon its own
				  motion, may convert an informal mediation to a petition under section
				  3050(b)
				  of the Vehicle Code. The respondent shall be an applicant for or holder of a
				  license as a new motor vehicle dealer, manufacturer, manufacturer branch,
				  distributor, distributor branch, or representative.
(b) Within 10 days of approval to convert the
				  proceeding, the petitioner shall file and serve a petition with the board which
				  substantially complies with Article 2, section
				  555
et
				  seq.
(c) Upon receipt of
				  the petition, a copy shall be transmitted by the executive director of the
				  board to each member of the board for consideration in accordance with Section
				  557 herein.
(d) If the filing fee was paid by both
				  parties in the informal mediation proceeding, no additional filing fee is
				  required for conversion to a petition.
(e) In accordance with Section
				  558 herein, the respondent shall
				  file with the executive director of the board a written answer to the
				  petition.
(f) Chapter 6 (commencing
				  with Section
				  3000) of Division 2 of the Vehicle
				  Code, and Chapter 2 (commencing with Section
				  550) of Division 1 of Title 13 of
				  the California Code of Regulations shall apply.
(g) Notwithstanding any other provision of
				  law, a communication made in informal mediation is protected to the following
				  extent:
(1) Anything said, any admission made,
				  and any document prepared in the course of, or pursuant to, informal mediation
				  is a confidential communication, and a party to the informal mediation has a
				  privilege to refuse to disclose and to prevent another from disclosing the
				  communication, whether in an adjudicative proceeding, civil action, or other
				  proceeding. This subsection does not limit the admissibility of evidence if all
				  parties to the proceeding consent.
(2) No reference to the informal mediation
				  proceedings, the evidence produced, or any other aspect of the informal
				  mediation may be made in an adjudicative proceeding or civil action, whether as
				  affirmative evidence, by way of impeachment, or for any other
				  purpose.
(3) No informal mediation
				  administrative law judge is competent to testify in a subsequent administrative
				  or civil proceeding as to any statement, conduct, decision, or order occurring
				  at, or in conjunction with, the informal mediation.
(4) Evidence otherwise admissible outside of
				  informal mediation is not inadmissible or protected from disclosure solely by
				  reason of its introduction or use in informal mediation.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.19 - Motions; Form, Briefing, and Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless made during a hearing while on the
				  record, all motions shall be in writing and filed with the board with an
				  attached proof of service on all parties.
(b) Motions and any response thereto
				  including opposition to motion and reply to opposition shall conform to the
				  requirements of Article 6 herein. The motion and any response shall state in
				  plain language the relief sought and the facts, circumstances, and legal
				  authority that support the motion or the response.
(c) Briefing may be permitted by stipulation
				  of the parties or by order of the board.
(d) Notwithstanding Government Code section
				  11440.30
				  of the Administrative Procedure Act, the ALJ may conduct the hearing by
				  telephone, television, or other electronic means if each party in the hearing
				  has an opportunity to participate in and to hear the entire proceeding while it
				  is taking place and to observe exhibits. In the event of live testimony, the
				  hearing shall be conducted in person before the ALJ.
1. New
					 section filed 2-24-2011; operative 3-26-2011 (Register 2011, No.
					 8).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						3050(a),
						Vehicle Code; and Section
						11440.30,
						Government Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.20 - Conduct of Hearing; Protective Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A motion seeking an order for closure or
				  other protective order for all or part of a hearing, including a motion to seal
				  designated portions of the record shall be made before the ALJ presiding at the
				  hearing to which the order will apply. The motion may be made by separate
				  writing or it may be made orally on the record. It may be made at the
				  commencement of or during the course of the hearing but must be made as early
				  as is practicable. In any case, the provisions of Government Code section
				  11425.20
				  shall be applicable.
(b) The motion
				  shall clearly identify the relief sought and the facts, circumstances, legal
				  authority, and shall include declarations or other evidence that support the
				  motion.
(c) An oral or written
				  opposition to the motion may be permitted in the discretion of the
				  ALJ.
(d) The ALJ shall set forth on
				  the record the facts, legal basis, and findings that support any protective
				  order, order to seal parts of the record, or order to close all or part of the
				  hearing to the public.
1. New
					 section filed 2-24-2011; operative 3-26-2011 (Register 2011, No.
					 8).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						11425.20,
						Government Code; and Rules 2.550 and 2.551, California Rules of
						Court.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.21 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In any
				  proceeding before the board or an ALJ, no party or representative of a party
				  shall engage in or participate in any actions or tactics that are frivolous, or
				  that are intended to cause or will result in unnecessary delay.
(b) For purposes of this section, "party" or
				  "representative of a party" includes, but is not limited to, a party's officer,
				  director, managing agent, dealer principal or the equivalent, or their
				  attorney.
(1) "Actions or tactics" include,
				  but are not limited to, the making or opposing of motions or the failure to
				  comply with a lawful order or ruling of the board or an ALJ, including a
				  failure to comply timely with a pre-hearing conference order or discovery
				  order.
(2) "Frivolous" includes,
				  but is not limited to:
(A) Totally without
				  merit as there is an absence of reasonable support, under the facts or law, for
				  making or opposing the motion(s), or for the failure to comply; or
(B) For the purpose of harassing an opposing
				  party or counsel.
(C) Actions or
				  tactics, whether consisting of affirmative conduct or failure to act or
				  respond, that will result or do result in unnecessary delay or costs, or are
				  otherwise not in good faith.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.22 - Adoption and Objection to Proposed Stipulated Decision and Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the filing
				  of a proposed stipulated decision and order with the board, a copy of the
				  proposed stipulated decision and order shall be transmitted by the executive
				  director to each member of the board.
(b) The proposed stipulated decision and
				  order shall be deemed to be adopted by the board unless a member of the board
				  notifies the executive director of the board of an objection thereto within 10
				  days after that board member has received a copy of the proposed stipulated
				  decision and order.
(c) If any
				  member of the board gives notice of objection within 10 days of receipt of a
				  copy of the proposed stipulated decision and order, the proposed stipulated
				  decision and order shall be considered by the board at its next meeting to
				  determine whether to adopt or reject it.
(d) Upon receipt by the executive director of
				  a notice of objection, the executive director shall notify the parties named in
				  the petition or protest that there has been an objection and that the matter
				  will be considered by the board at its next meeting. The parties shall also be
				  given a minimum of 10 days prior notice of the time, date, and location of the
				  board meeting at which the proposed stipulated decision and order will be
				  considered.
1. New
					 section filed 10-21-2015; operative 1-1-2016 (Register 2015, No.
					 43).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Sections
						3050 and
						3050.7,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.23 - Interpreters and Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each party and each party's attorney are
				  responsible for timely communicating to the board any needs of the party, the
				  party's agent or a witness for the following:
(1) Language assistance, including sign
				  language.
(2) Accommodation for a
				  disability.
(3) Electronic
				  amplification for hearing impairment.
(4) Any other special
				  accommodation.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 551.24 - Service; Proof of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Proof of service of papers shall be made in accordance with Code of Civil
				  Procedure sections
				  1013a
				  and
				  1013b.
(b) Where service is by facsimile the proof
				  of service shall state the method of service upon each party, the date and time
				  sent, and the facsimile telephone number to which the document was
				  sent.
(c) Where service is by
				  electronic-mail the proof of service shall state the method of service upon
				  each party, the date and time of electronic service, and the name and
				  electronic notification address of the person served.
1. New
					 section filed 2-24-2011; operative 3-26-2011 (Register 2011, No.
					 8).
2. Amendment of subsection (a) and NOTE filed 10-22-2018;
					 operative 1-1-2019 (Register 2018, No. 43).
Note: Authority cited: Section
						3050(a),
						Vehicle Code. Reference: Section
						11440.20,
						Government Code; and Sections
						1013a
						and
						1013b,
						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 1 - Administration › Section 551.25 - Substitution or Withdrawal of Counsel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The party to a protest or petition may
				  substitute counsel of record at any time. It shall be evidenced by a writing
				  signed by the party and new counsel of record and filed with the board. The
				  writing shall be served on all other parties named in the proceeding.
(b) Counsel of record for a party may not
				  withdraw from a protest or petition without permission from the board. To
				  obtain permission, counsel must file and serve a written request to withdraw or
				  be relieved as counsel in compliance with Article 1, section
				  551.19 that satisfies the
				  requirements of Rule 3.1362 of the California Rules of Court (Rev. 1/2017),
				  which is hereby incorporated by reference, and Code of Civil Procedure section
				  284.
				  Declarations of counsel may be filed under seal, but must be served on the
				  party of the moving counsel, who then has an opportunity to be heard.
(c) Substitution or withdrawal of counsel
				  does not alone constitute grounds for continuance of any previously scheduled
				  dates in the proceeding.
1. New
					 section filed 2-24-2011; operative 3-26-2011 (Register 2011, No.
					 8).
2. Amendment of subsection (b) and NOTE filed 10-15-2019;
					 operative 1-1-2020 (Register 2019, No. 42).
3. Change without
					 regulatory effect amending subsections (a) and (b) and 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; Rule 3.1362, California Rules of Court; and Section
						284,
						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 1 - Administration › Section 551.26 - Representation in Protests or Petitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party shall have the right to appear at any hearing by
					 representing itself, by counsel, or by other representative.
1. New
					 section filed 5-25-2023; operative 7-1-2023 (Register 2023, No.
					 21).
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 1 - Administration › Section 552 - Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Place of
				  Keeping. The records of the board shall be maintained at its principal office
				  at Sacramento in the custody of the executive director. The executive director
				  may certify to any of the board's official acts and may certify copies of all
				  official documents and orders of the board.
(b) Sale of Copies of Records. The executive
				  director shall sell copies of all or any part of the records of the board at a
				  charge sufficient to pay at least the cost of the copies.
(c) Preparation of Certified Copies Without
				  Charge. The board for good cause shown may direct the executive director to
				  certify copies without charge.
1. Amendment
					 of subsections (b) and (c) 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).
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).
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 1 - Administration › Section 553.1 - Filing Fees. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-9-85; effective thirtieth day thereafter (Register 85, No.
					 15).
2. Renumbering former section
					 553.1 to section
					 553.40 filed 12-21-90; operative
					 12-21-90 (Register 91, No. 7).
Note: Authority cited: Section
						3016,
						3050(a)
						and
						3050.5,
						Vehicle Code. Reference: Section
						3060 and
						3062, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 553.10 - Statement of Number of Vehicles Distributed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All manufacturers and distributors of new
				  vehicles (as defined in section
				  430 of the
				  Vehicle Code) are required to file a written statement with the Board on or
				  before May 1 of each calendar year. The statement shall include:
(1) The number of new motor vehicles
				  distributed by the manufacturer or distributor which were sold, leased, or
				  otherwise distributed in California to a consumer of such new motor vehicles
				  during the preceding calendar year;
(2) The name and business address of other
				  manufacturers and distributors who are required to submit a statement reporting
				  the distribution of the same new motor vehicles;
(3) The name and business address of the
				  person or persons authorized to receive notices on behalf of the manufacturer
				  or distributor.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1 - Administration › Section 553.20 - Determination of Annual Board Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt of the information required by section
					 553.10(a), or as
					 determined by section
					 553.10(b), the
					 Board shall calculate the Annual Board Fee to be paid by each manufacturer and
					 distributor by multiplying the annual fee per vehicle (as set forth in section
					 553(b)) by the
					 number of new motor vehicles distributed by the manufacturer or distributor in
					 the preceding calendar year provided, however, that the fee to be paid by each
					 manufacturer or distributor shall not be less than $300.00. The Board shall
					 thereafter send a written notice by regular mail or electronic mail to each
					 manufacturer and distributor stating the number of new motor vehicles
					 distributed by the manufacturer or distributor and the amount of the fee to be
					 paid.
Payment of the fee shall be made to the New Motor Vehicle
					 Board no later than thirty (30) days after the date of receipt of the
					 notice.
1. New
					 section filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
2.
					 Change without regulatory effect amending NOTE filed 12-24-92 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
3. Amendment of first paragraph
					 and NOTE filed 4-10-2012; operative 5-10-2012 (Register 2012, No.
					 15).
Note: Authority cited: Section
						3050(a)
						and
						3016, Vehicle
						Code. Reference: Sections
						3016 and
						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 1 - Administration › Section 553.30 - Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The New Motor Vehicle Board may consider any failure of a
					 manufacturer or distributor to comply with any provisions of Article 1, Section
					 553.10 or
					 553.20 to be good cause to
					 exercise its authority pursuant to Vehicle Code Section
					 3050(b).
1. New
					 section filed 4-10-2012; operative 5-10-2012 (Register 2012, No.
					 15).
2. Change without regulatory effect amending section and NOTE
					 filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Sections
						3016 and
						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 1 - Administration › Section 553.40 - Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party filing a request for informal mediation, petition,
					 or protest pursuant to the provisions of this chapter shall simultaneously
					 deliver to the board a filing fee of $200, which is to be in the form of a
					 check or money order payable directly to the board, or a credit card payment.
					 The initial pleading filed in response to such request for informal mediation,
					 petition, or protest shall also be accompanied by a $200 filing fee. The board,
					 in the discretion of the executive director, may refuse to accept for filing
					 any pleading subject to this section that is not accompanied by the requisite
					 fee. The executive director may, upon showing of good cause, waive any such
					 fee.
1.
					 Renumbering former section
					 553.1 to section
					 553.40 filed 12-21-90; operative
					 12-21-90 (Register 91, No. 7). For prior history, see Register 85, No.
					 15.
2. Change without regulatory effect amending NOTE filed 12-24-92
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
3. Amendment filed 2-4-2003;
					 operative 3-6-2003 (Register 2003, No. 6).
4. Amendment of section
					 and NOTE filed 8-21-2003; operative 9-20-2003 (Register 2003, No.
					 34).
5. Change without regulatory effect amending section filed
					 12-31-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2004, No. 1).
6. Change without regulatory
					 effect amending section and NOTE filed 6-26-2014 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2014, No. 26).
7. Change without regulatory
					 effect amending section and NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
8. Amendment of NOTE filed
					 9-29-2021; operative 1-1-2022 (Register 2021, No.
					 40).
Note: Authority cited: Sections
						3016,
						3050 and
						3050.5,
						Vehicle Code; and Section
						6163,
						Government Code. Reference: Sections
						3050,
						3060,
						3062,
						3064,
						3065,
						3065.1,
						3065.3,
						3065.4,
						3070,
						3072,
						3074,
						3075,
						3076 and
						3085,Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1.5 - Administration of Fee Collection for Certification Account › Section 553.50 - Obligation to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  manufacturers, manufacturer branches, distributors and distributor branches of
				  new motor vehicles (as defined in Business and Professions Code Section
				  472.5(e))
				  are required to file a written statement with the New Motor Vehicle Board on or
				  before May 1 of each calendar year. The statement shall include:
(1) The number of new motor vehicles
				  distributed by the manufacturer or distributor which were sold, leased, or
				  otherwise distributed in California to a consumer of such new motor vehicles
				  during the preceding calendar year;
(2) The name and business address of other
				  manufacturers and distributors who are required to submit a statement reporting
				  the distribution of the same new motor vehicles; and
(3) The business address and name of the
				  person or persons authorized to receive notices on behalf of the manufacturer
				  or distributor.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1.5 - Administration of Fee Collection for Certification Account › Section 553.60 - Presumption of Liability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the information required by Section
					 553.50 is not received by the
					 Board within the applicable time period or it is determined by the Board that
					 the information that is received is substantially inaccurate as compared to the
					 registration information derived from the records of the Department of Motor
					 Vehicles, it shall be presumed that the number of new motor vehicles sold,
					 leased, or otherwise distributed in this state by or on behalf of the
					 non-reporting entity during the preceding calendar year is equal to the total
					 number of new registrations during the period in question of all vehicles
					 manufactured or distributed by the non-reporting entity as derived from the
					 records of the Department of Motor Vehicles.
1. New
					 section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2.
					 Change without regulatory effect amending NOTE filed 12-24-92 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
Note: Authority cited: Section
						472.5(f),
						Business and Professions Code. Reference: Section
						472.5(c),
						Business and Professions Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1.5 - Administration of Fee Collection for Certification Account › Section 553.70 - Payment of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The New Motor Vehicle Board shall determine the fee to be
					 assessed per vehicle by dividing the dollar amount necessary to fully fund the
					 certification program for the Arbitration Certification Program by the number
					 of new motor vehicles sold, leased, or otherwise distributed in California
					 during the preceding calendar year. For calendar year 2022, the fee shall be
					 $1.00 per vehicle.
Upon receipt of the information required by Section
					 553.50(a), or as
					 determined by section
					 553.60, the New Motor Vehicle
					 Board shall send a written notice by certified mail, return receipt requested,
					 to manufacturers and distributors subject to the fee assessment stating the
					 number of new motor vehicles (as defined in Business and Professions Code
					 Section
					 472.5(e))
					 distributed by the manufacturer or distributor and the amount of the fee to be
					 paid.
Payment of the fee shall be made to the New Motor Vehicle
					 Board no later than thirty (30) days after the date of receipt of the
					 notice.
Note: Authority cited: Section 472.5(f), Business and
						Professions Code. Reference: Sections 472.5(b), (c) and (e), Business and
						Professions Code.
Note: Authority cited: Section
						472.5(f),
						Business and Professions Code. Reference: Sections
						472.5(b), (c)
						and (e), Business and Professions
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1.5 - Administration of Fee Collection for Certification Account › Section 553.71 - Delinquency of Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the fee is not paid within the time period specified in
					 Section 553.70 such fee is delinquent. If
					 the fee is not paid within thirty (30) days after it becomes delinquent, a
					 penalty of ten (10) percent of the amount delinquent shall be added
					 thereto.
1. New
					 section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2.
					 Change without regulatory effect amending NOTE filed 12-24-92 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
Note: Authority cited: Section
						472.5(f),
						Business and Professions Code. Reference: Sections
						472.5(b), (c)
						and (d), Business and Professions
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1.5 - Administration of Fee Collection for Certification Account › Section 553.72 - Transmittal of Fees by Mail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No penalty shall be imposed for delinquent payment of any
					 fee required to be paid under this article in the event any instrument for
					 effective payment of such fee is placed in the United States mail or in any
					 postal box maintained by the United States Postal Service with sufficient
					 identification, in an envelope with postage thereon prepaid and addressed to
					 the New Motor Vehicle Board, 2415 1st Avenue, MS
					 L242, Sacramento, California, 95818 prior to the date the fee becomes
					 delinquent.
1. New
					 section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2.
					 Change without regulatory effect amending NOTE filed 12-24-92 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
3. Amendment filed 4-10-2012;
					 operative 5-10-2012 (Register 2012, No. 15).
4. Change without
					 regulatory effect amending section filed 8-22-2023 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2023, No. 34).
Note: Authority cited: Section
						472.5(f),
						Business and Professions Code. Reference: Sections
						472.5(b)
						and
						472.5(d),
						Business and Professions Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 2 - New Motor Vehicle Board › Article 1.5 - Administration of Fee Collection for Certification Account › Section 553.75 - Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The New Motor Vehicle Board may consider any failure of a
					 manufacturer or distributor to comply with any provisions of this Chapter to be
					 good cause to exercise its authority pursuant to Vehicle Code Section
					 3050(b).
1. New
					 section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2.
					 Change without regulatory effect amending NOTE filed 12-24-92 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 92, No. 52).
3. Change without regulatory
					 effect amending section and NOTE filed 2-26-2020 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2020, No. 9).
Note: Authority cited: Section
						472.5(f),
						Business and Professions Code; and Section
						3050, Vehicle
						Code. Reference: Section
						472.5,
						Business and Professions 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 2 - Filing of Petition › Section 554 - Petitioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person, including a board member, concerned with the
					 activities or practices of any person applying for or holding a license as a
					 new motor vehicle dealer, manufacturer, manufacturer branch, distributor,
					 distributor branch, or representative, may file a written petition with the
					 board requesting that the board consider such matter and take an action
					 thereon.
1. Amendment
					 filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
					 29).
2. Amendment and new NOTE filed 10-16-89; operative 11-15-89
					 (Register 89, No. 44).
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 555.1 - Service of Petition upon Respondent(s)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A copy of the petition shall be served upon the
					 respondent(s) and proof of service in compliance with Sections
					 1013a,
					 1013b
					 and
					 2015.5,
					 Code of Civil Procedure thereof shall accompany the petition filed with the
					 executive director of the board.
1. New
					 section filed 10-16-89; operative 11-15-89 (Register 89 No. 44).
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. Amendment of section and NOTE
					 filed 2-22-2011; operative 3-24-2011 (Register 2011, No. 8).
4.
					 Amendment of section and NOTE filed 10-22-2018; operative 1-1-2019 (Register
					 2018, No. 43).
5. 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
						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 2 - Filing of Petition › Section 556 - Form and Filing of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The form of the petition shall conform with the provisions
					 of Article 6 herein. The petition shall be filed with the executive director of
					 the board. The petition shall clearly identify the facts, legal authority, and
					 relief sought and include declarations or other evidence of documents that
					 support the petition.
1. Amendment
					 filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
					 29).
2. Amendment and new NOTE filed 10-16-89; operative 11-15-89
					 (Register 89, No. 44).
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 amending section filed 11-9-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 46).
5. Amendment filed 9-29-2021;
					 operative 1-1-2022 (Register 2021, No. 40).
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 2 - Filing of Petition › Section 557 - Notice to Respondent: First Consideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the filing of a petition with the
				  board, a copy of the petition shall be transmitted by the executive director of
				  the board to each member of the board for consideration. Unless, within 10 days
				  of receipt of a copy of the petition, any member of the board notifies the
				  executive director of an objection, the executive director shall set the matter
				  for a hearing before an administrative law judge designated by the
				  board.
(b) If any member of the
				  board gives notice of objection within 10 days of receipt of a copy of a
				  petition, the petition shall be first considered by the board at its next
				  meeting to determine what action shall be taken in regards to the petition.
				  Upon receipt by the executive director of a notice of objection, the executive
				  director shall notify the parties named in the petition that there has been an
				  objection and that the matter will be considered by the board at its next
				  meeting. The parties shall also be given a minimum of 10 days prior notice of
				  the time, date, and location of the board meeting at which the petition will be
				  considered.
1. Amendment
					 filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
					 29).
2. Repealer and new section filed 10-16-89; operative 11-15-89
					 (Register 89, No. 44).
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 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 558 - Answer-Time of Filing; Form and Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The respondent shall file with the
				  executive director of the board a written answer to the petition, in the form
				  prescribed by Article 6 herein. The answer shall be filed within 30 days of the
				  date of service of the petition on the respondent.
(b) The answer shall be responsive to the
				  allegations of the petition and shall set forth in clear and concise language
				  the factual contentions of the respondent with respect to the matter referred
				  to in the petition.
(c) By
				  declaration, the respondent may submit, as exhibits to the answer,
				  photographic, documentary or similar physical evidence relevant to the matter
				  in support of the answer with an appropriate description thereof in the answer
				  sufficient to identify them and to explain their relevancy.
(d) The respondent shall set forth in the
				  answer its mailing address and telephone number and the name, mailing address
				  and telephone number of its attorney or authorized agent, if any. All
				  correspondence with respondent and notices to respondent shall thereafter be
				  addressed to said address, if it appears in person, or to the address of its
				  attorney or agent, if it is represented by an attorney or agent. Respondent
				  shall promptly give the executive director and petitioner written notice by
				  mail of all subsequent changes of address or telephone number.
1. Amendment
					 of subsection (a) filed 7-19-74; effective thirtieth day thereafter (Register
					 74, No. 29).
2. Amendment of subsection (a), repealer of subsection
					 (c), relettering of former subsections (d) and (e) to subsections (c) and (d),
					 and new NOTE filed 10-16-89; operative 11-15-89 (Register 89, No.
					 44).
3. 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).
4. Change without regulatory
					 effect amending subsection (d) filed 5-31-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 22).
5. Change without regulatory
					 effect amending subsection (a) filed 11-9-2010 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2010, No. 46).
6. Amendment of subsection (c)
					 and NOTE filed 9-29-2021; operative 1-1-2022 (Register 2021, No.
					 40).
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 2 - Filing of Petition › Section 559 - Shortening Time. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-16-89; operative 11-15-89 (Register 89, No.
					 44).
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 560 - Extension of Time and Continuances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event a party desires additional
				  time for the performance of any act, or a continuation of any proceeding
				  contemplated by these rules, the party shall either make application in writing
				  to the board for such extension or continuance, stating the reason therefor and
				  the additional time requested, or the date to which the continuance is
				  requested, or shall obtain from the other party a written stipulation for the
				  extension or continuance which shall also set forth the reasons therefor and
				  the time requested. The application or stipulation shall be filed with the
				  executive director at least two days prior to the expiration of the period of
				  time in question or the date fixed for the proceeding sought to be continued.
				  If good cause appears therefor, the executive director shall grant the
				  extension or continuance and shall forthwith give notice thereof to the parties
				  by mail; if the extension or continuance is denied, the executive director
				  shall give notice thereof to the parties by mail.
(b) The party applying for an extension or
				  continuance shall serve a copy of the application upon the opposing party,
				  personally or by mail, and shall file with the application an affidavit or
				  certificate of personal service or of mailing of the copy to the opposing party
				  evidencing such service. If the other party wishes to oppose the application,
				  it shall communicate such opposition to the executive director, either orally
				  or in writing, stating its reasons for opposition. The executive director shall
				  consider the reasons stated in opposition in determining whether the
				  application should be granted or denied.
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 subsection (b) filed 5-31-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 22).