2005 California Vehicle Code Sections 3052-3058 Article 3. Appeals From Decisions of the Department

VEHICLE CODE
SECTION 3052-3058

3052.  (a) On or before the 10th day after the last day on which
reconsideration of a final decision of the department can be ordered,
the respondent may file an appeal with the executive director of the
board.  The appeal shall be in writing and shall state the grounds
therefor.  A copy of the appeal shall be mailed by the appellant to
the department, and the department shall thereafter be considered as
a party to the appeal.  The right to appeal is not affected by
failure to seek reconsideration before the department.
   (b) An appeal is considered to be filed on the date it is received
in the office of the executive director of the board, except that an
appeal mailed to the executive director by means of registered mail
is considered to be filed with the executive director on the postmark
date.
   (c) The appeal shall be accompanied by evidence that the appellant
has requested the administrative record of the department and
advanced the cost of preparation of that record.  The complete
administrative record includes the pleadings, all notices and orders
issued by the department, any proposed decision by an administrative
law judge, the exhibits admitted or rejected, the written evidence,
and any other papers in the case.  All parts of the administrative
record requested by the appellant may be filed with the appeal
together with the appellant's points and authorities.  If the board
orders the filing of additional parts of the administrative record,
the board may order prior payment by the appellant of the cost of
providing those additional parts.
   (d) Except as provided in subdivisions (e) and (f), a decision of
the department may not become effective during the period an appeal
may be filed, and the filing of an appeal shall stay the decision of
the department until a final order is made by the board.
   (e) When a decision has ordered revocation of a dealer's license,
the department may, on or before the last day upon which an appeal
may be filed with the board, petition the board to order the decision
of the department into effect.
   (f) With respect to the department's petition filed pursuant to
subdivision (e), the department shall have the burden of proof.  The
board shall act upon the petition within 14 days or prior to the
effective date of the department's decision, whichever is later.  The
board may order oral argument on the petition before the board.
Oral argument by telephone conference call with a quorum of the board
members present, either in person or by telephone, is permitted.
3053.  The board shall determine the appeal upon the administrative
record of the department, any evidence adduced at any hearing of the
board, and upon any briefs filed by the parties.  If any party to the
appeal requests the right to appear before the board, the board
shall set a time and place for such hearing, the production of any
relevant evidence and argument.
3054.  The board shall have the power to reverse or amend the
decision of the department if it determines that any of the following
exist:
   (a) The department has proceeded without or in excess of its
jurisdiction.
   (b) The department has proceeded in a manner contrary to the law.
   (c) The decision is not supported by the findings.
   (d) The findings are not supported by the weight of the evidence
in the light of the whole record reviewed in its entirety, including
any and all relevant evidence adduced at any hearing of the board.
   (e) There is relevant evidence, which in the exercise of
reasonable diligence, could not have been produced or which was
improperly excluded at the hearing.
   (f) The determination or penalty, as provided in the decision of
the department is not commensurate with the findings.
3055.  The board shall also have the power to amend, modify, or
reverse the penalty imposed by the department.
3056.  When the order reverses the decision of the department, the
board may direct the reconsideration of the matter in the light of
its order and may direct the department to take such further action
as is specially enjoined upon it by law.  In all cases the board
shall enter its order within 60 days after the filing of the appeal,
except in the case of unavoidable delay in supplying the
administrative record, in which event the board shall make its final
order within 60 days after receipt thereof.
3057.  The board shall fix an effective date for its orders not more
than 30 days from the day the order is served upon the parties or
remand the case to the department for fixing an effective date.  A
final order of the board shall be in writing and copies thereof shall
be delivered to the parties personally or sent them by registered
mail.  The order shall be final upon its delivery or mailing and no
reconsideration or rehearing shall be permitted.
3058.  Either party may seek judicial review of final orders of the
board.  Time for filing an action for such review shall not be more
than 30 days from the date on which the final order of the board is
delivered to the parties personally or is sent them by registered
mail.


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