CCLME.ORG - DIVISION 1. DEPARTMENT OF MOTOR VEHICLES

(continued) the administrative record with the board, notice shall be served by the department on appellant of such additional portions and proof of service of such notice shall be filed with the executive director.
(d) If the complete administrative record has not been filed, the board may order additional portions of such record to be filed at any time during the pendency of the appeal. The board may order prior payment of the cost of providing the additional administrative record so ordered to be filed.

s 572. Agreed Statement.
(a) An appeal may be presented on a record consisting in whole or in part of an agreed statement. Within thirty days after receiving the administrative record, the appellant shall file with the executive director of the board the original and nine copies of such statement signed by the parties.
(b) The statement shall show the nature of the controversy, identify the questions of law, and set forth only those facts alleged and proved, or sought to be proved, as are necessary to a determination of the questions on appeal.
(c) Ten copies of any such exhibits admitted at the administrative hearing as the parties may desire shall accompany the statement.
(d) For good cause shown, the executive director may grant a continuance of not more than fifteen days for the filing of an agreed statement. Application for a continuance shall be in writing and shall be filed with the executive director at least ten days prior to the date the agreed statement was to be filed. No continuance otherwise requested shall be granted except in extreme emergencies such as serious accident or death.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050(a), Vehicle Code.

s 573. Briefs.
(a) Upon receiving the administrative record or agreed statement of facts from appellant, the executive director shall inform the parties in writing of the date by which their briefs must be filed with the board. The parties shall comply with the briefing schedule as established by the executive director.
(b) For good cause shown, the executive director may grant continuances for the filing of briefs making adequate allowance for the 60-day time limitation prescribed in Vehicle Code Section 3056. Application for a continuance shall be in writing and shall be filed with the executive director at least ten days prior to the date the brief was to be filed. No continuance shall be granted except in extreme emergencies such as serious accident or death.
(c) Any party to the appeal desiring to file a brief must submit the original and nine copies for such filing. A copy shall be served upon the opposing party and proof of service thereof shall accompany the original filed with the executive director.
(d) The board may require the parties to file anytime during the pendency of the appeal briefs on matters determined by the board.
(e) A brief of amicus curiae may be filed on permission of the board and subject to conditions prescribed by the board. To obtain permission, the applicant shall file with the executive director a signed request specifying the points to be argued in the brief and containing a statement that the applicant is familiar with the questions involved in the case and the scope of their presentation and believes there is a necessity for additional arguments on the points specified.
(f) If the application for filing amicus curiae briefs is granted, the original and nine copies shall be filed with the executive director. A copy shall be served on the appellant and the department and proof of service thereof shall accompany the original filed with the executive director.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050(a), Vehicle Code.

s 574. Notice of Hearing.
At least 20 days prior to the hearing date, the executive director shall serve notice of date, time and place of hearing upon the department, the appellant, the members of the board and any other party making a written request for such notice.

s 575. Continuances.
For good cause shown, the executive director may continue the date fixed for the hearing. Applications for continuance shall be in writing and shall be filed with the executive director at least ten days prior to the hearing. No continuance otherwise requested shall be granted except in extreme emergencies such as serious accident or death.

s 576. Conduct of Hearing.
Unless otherwise ordered by the board, counsel for each party shall be allowed 20 minutes for oral argument. Not more than one counsel for a party may be heard except that different counsel for appellant may make opening and closing arguments.

s 577. Costs of Appeal.
Each party shall bear its own costs on appeal; costs for preparation of the administrative record and copies thereof shall be borne by the party ordering the same, or if ordered by the board pursuant to Section 571, shall be borne by appellant or the board as determined by the board.
All proceedings before the board predicated on or pursuant to Section 568(d), except deliberations in executive session, shall be reported and transcribed by a certified shorthand reporter arranged for by the executive director. Costs for reporting and for preparation of the original transcript shall be borne by the appellant.

s 578. Reporting of Proceedings.

s 579. Subpoenas.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050.1(a), Vehicle Code.

s 580. Procedure at Hearings.
(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 him or her to testify; to rebut the evidence against him; and to call and examine an adverse party or adverse witness as if under cross-examination without being bound by his or her 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.

s 581. Deliberations of the Board.
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.

s 582. Failure to Appear.
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.

s 583. Form.
A protest shall be in writing and shall be signed by a franchisee or its attorney. It shall conform with the provisions of Article 6 hereof.

Note: Authority cited: Section 3050, Vehicle Code. Reference: Sections 3050 (b), (c) and (d), Vehicle Code.

s 584. Service of Protest upon Franchisor.
A copy of the protest shall be served upon the franchisor and proof of service (in compliance with Sections 1013(a) and 2015.5, Code of Civil Procedure) thereof shall accompany the protest filed with the executive director of the board.

s 585. Time of Filing and Content of Protests Pursuant to Sections 3060, 3062, 3070, and 3072, Vehicle Code.
(a) The protest shall be considered received on the date of receipt by the executive director of the board or on the date of certified or registered mailing.
(b) The protest shall be responsive to the specific grounds as set forth in the notice and shall set forth in clear and concise language the factual contentions of the franchisee with respect to the matter referred to in the notice.
(c) 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.
(d) The franchisee shall set forth in the protest 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 franchisee and notices to 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.
(e) Franchisee shall indicate either that it does or does not desire to appear before the board.
(f) The franchisee shall set forth in the protest an estimate of the number of days required to complete the hearing.
(g) The franchisee shall set forth in the protest a request for a prehearing conference if one is desired.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3060, 3062, 3070 and 3072, Vehicle Code.

s 585.1. Time of Filing and Content of Notice of Appearance.
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.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050(a), Vehicle Code.

s 586. Filing of Protest, Schedules of Compensation for Preparation and Delivery Obligations, Warranty Reimbursement Schedules or Formulas, and Franchisor Incentive Program Reimbursement Pursuant to Sections 3064, 3065, 3065.1, 3074, 3075, and 3076 V.C.
(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 its attorney or authorized agent, if any. All correspondence with franchisee and notices to franchisee shall thereafter be addressed to said address, if it represents itself, or to the address of its attorney or agency, if it is represented by an attorney or agent.
(4) Franchisee shall indicate either that it does or does not desire to appear before the board.
(b) Schedule of compensation for preparation and delivery obligation and warranty reimbursement schedule or formula shall be filed by the franchiser with the board no later than 30 days after date license is issued or within 30 days after date of renewal of license if no schedule or formula has previously been filed with the board.
(c) The franchiser shall file with the board any addition, deletion, change or modification to the schedule of compensation or reimbursement schedule or formula on file with the board on or before the date such addition, deletion, change or modification becomes effective.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3050(a) and (d), 3064, 3065, 3065.1, 3074, 3075, and 3076, Vehicle Code.

s 587. Stipulation of Fact.
(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.

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.

s 588. Deliberations of the Board.
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.

s 589. Failure to Appear.
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.

s 590. Hearings by Board or by Administrative Law Judge.
All hearings on protests filed pursuant to Sections 3060, 3062, 3064, 3065, 3065.1, 3070, 3072, 3074, 3075, or 3076 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.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3050(a) and (d), 3060, 3062, 3064, 3065, 3065.1, 3066, 3070, 3072, 3074, 3075 and 3076, Vehicle Code.

s 591. Notice of Hearing.
The board shall, by an order, fix the time and place of hearing. 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 registered mail to the franchiser, the protesting franchisee and to all individuals and groups which have requested such notice.

s 592. Continuances.
Within the time limitation fixed by Section 3066(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.

s 593. Papers Defined -Approved Forms.
The word "papers" means all documents, except exhibits or copies of documents, which are offered for filing to the executive director in any proceeding before the board; provided, however, that it does not include any printed forms approved by the board. Approved forms shall be furnished by the executive director to the public on request, and, unless it is impracticable to do so, the parties to proceedings before the board shall use approved forms.

s 593.1. Notices.
All written notices pursuant to Vehicle Code section 3062 or 3072 shall be textually segregated in a separate paragraph such that the language informing the recipient of the intention of the franchisor to establish or relocate a dealership is not intermingled with or obscured by the surrounding text.

Note: Authority cited: Sections 3062 and 3072, Vehicle Code. Reference: Section 3014, Vehicle Code.

s 593.2. Briefs.
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.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050, Vehicle Code.

s 593.3. Failure to File or to Timely File Statutorily Required Notices, Schedules, or Formulas.
Failure to file or to timely file the statutorily required notices, schedules, or formulas 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.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3060, 3062, 3064, 3065 and 11713.3, Vehicle Code; and Section 1795.92, Civil Code.

s 594. Size of Paper, Pagination, Etc.
All papers shall be typewritten or printed on opaque, unglazed, white paper, not less than twenty pound weight, standard quality letter size (8 1/2 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 1/2 inch on the top, bottom and right hand sides of the page. Headings shall be either capitalized or underscored, or both, and all quotations shall be indented. The type shall be not smaller than 12 points. The lines on each page shall be double spaced. 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 type 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. The pages shall be numbered consecutively at the center of the page at the bottom. All papers shall consist entirely of original pages without riders and shall be firmly bound together at the top. Exhibits may be fastened to pages of the specified sizes and, when prepared by a machine copying process, shall be equal to typewritten material in legibility and permanency of image.

Note: Authority cited: Sections 3050(a), Vehicle Code. Reference: Sections 3050(c) and 3051, Vehicle Code.

s 595. Format of First Page.
The first page of all papers shall be in the following form: Commencing in the upper left hand corner and to the left of the center of the page, the name, office address (or if none, the residence address), mailing address (if different from the office or residence address), electronic- mail (e-mail) address, if available, and the telephone number of the attorney or agent for the party in whose behalf the paper is presented, or of the party if he or she is appearing in person. If the party is represented by an attorney, provide the state bar number of the attorney beside the name of the attorney. Below the name, address and telephone number, and centered on the page, the title of the board. Below the title of the board, in the space to the left of the center of the page, the title of the proceeding, e.g., John Doe, petitioner (or protestant, or appellant) vs. Richard Roe (or Department of Motor Vehicles), respondent, as the case may be. To the right of and opposite the title, the number of the proceeding, which shall be assigned consecutively by the executive director in the order of filing in petition and appeal proceedings. Numbers in protest proceedings shall be assigned consecutively by the executive director following receipt of a notice of appearance from the respondent and upon payment of all filing fees as required by section 553.40 of Title 13 of the California Code of Regulations. No number shall be assigned to more than one proceeding. Immediately below the number of the proceeding, the nature of the paper, e.g., "Request for Informal Mediation," "Petition," "Protest," "Answer," "Appeal," "Request for Hearing," "Petitioner's Opening Brief," etc. The first allegation of the petition shall state the name and address of the respondent and whether the respondent is the holder of or an applicant for an occupational license of the type issued by the Department of Motor Vehicles such that the respondent is subject to the jurisdiction of the board.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3050(c) and 3051, Vehicle Code.

s 596. Conformance of Copies.
All copies shall conform to the original filed.

s 597. Last Page.
Every paper shall be dated and signed. At the end of each paper, the date shall appear on the left of the center of the page. Petitions, answers and appeals shall be subscribed by the party and by his or her attorney or agent, if he or she is represented. All other papers shall be subscribed by the party's attorney or agent, if he or she is represented, or by the party, if he or she appears in person. The signature shall appear at the end of the paper on the right hand side.

s 598. Acceptance of Filing.
(a) A document which purports to be a protest pursuant to Vehicle Code section 3060, 3062, 3070, or 3072, which is received at the offices of the Board shall not be filed until the executive director has reviewed it for compliance with the Board's enabling statutes and Title 13, Subchapter 2 of the California Code of Regulations. If the executive director deems the document to comply, said document shall be filed. The executive director may reject any document that does not comply with the Board's enabling statutes and Title 13, Subchapter 2 of the California Code of Regulations.
(b) A protest accepted for filing by the executive director shall be recorded as filed as of the date it was received at the Board's offices or the date of certified or registered mailing.
(c) The executive director may, for good cause shown, accept for filing any papers that do not comply with the Board's enabling statutes and Title 13, Subchapter 2 of the California Code of Regulations. Good cause issues and challenges to the executive director's compliance determinations may be resolved by law and motion proceedings before an administrative law judge.

Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3014, Vehicle Code.

NOTE: It having been found, pursuant to Government Code Section 11344(a),
that the printing of the regulations constituting the Conflict of Interest Code
is impractical and these regulations being of limited and particular
application, these regulations are not published in full in the California Code
of Regulations. The regulations are available to the public for review or
purchase at cost at the following locations:
New Motor Vehicle Board
1507 - 21st Street, Suite 330
Sacramento, California 95814
Fair Political Practices Commission
428 J street, suite 620
Sacramento, California 95812-0807

Archives

Secretary of State
1020 O Street
Sacramento, California 95814
The Conflict of Interest Code is designated as Article 7 of Chapter 2 of
Division 1 of Title 13 of the California Code of Regulations, and consists of
sections numbered and titled as follows:
Article 7. New Motor Vehicle Board -Conflict of Interest Code
Section

s 599. General Provisions
Appendix A

Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Section 87300, et seq., Government Code.