2007 California Vehicle Code Article 1. Organization Of Board

CA Codes (veh:3000-3016)

VEHICLE CODE
SECTION 3000-3016



3000.  There is in the Department of Motor Vehicles a New Motor
Vehicle Board, which consists of nine members.



3001.  (a) Four of the appointive members of the board shall be new
motor vehicle dealers as defined in Section 426 who have engaged for
a period of not less than five years preceding their appointment in
activities regulated by Article 1 (commencing with Section 11700) of
Chapter 4 of Division 5.  These members shall be appointed by the
Governor.
   (b) Each of the five remaining appointive members shall be a
public member who is not a licentiate under Article 1 (commencing
with Section 11700) or 2 (commencing with Section 11800) of Chapter 4
of Division 5 or an employee of such licentiate at the time of
appointment and one of these five appointive members shall have been
admitted to practice law in the state for at least 10 years
immediately preceding his or her appointment.  One public member
shall be appointed by the Senate Committee on Rules, one by the
Speaker of the Assembly, and three by the Governor.
   (c) Each member shall be of good moral character.
   (d) This section does not apply to a dealer who deals exclusively
in motorcycles or recreational vehicles, as defined in subdivision
(a) of Section 18010 of the Health and Safety Code.



3002.  The appointments of the appointive members shall be made
effective as of the effective date of this article.



3003.  (a) Each appointive member of the board shall be appointed
for a term of four years and shall hold office until the appointment
and qualification of his or her successor or until one year has
elapsed since the expiration of the time for which he or she was
appointed, whichever occurs first.
   (b) The terms of the members of the board first appointed shall
expire as follows:  one public member and one new motor vehicle
dealer member, January 15, 1969; two public members and one new motor
vehicle dealer member, January 15, 1970; two public members and two
new motor vehicle dealer members, January 15, 1971.  The terms shall
thereupon expire in the same relative order.
   (c) Vacancies occurring shall be filled by appointment for the
unexpired term.
   This section does not apply to a dealer who deals exclusively in
motorcycles or recreational vehicles, as defined in subdivision (a)
of Section 18010 of the Health and Safety Code.



3004.  Members of the board shall take an oath of office as provided
in the Constitution and the Government Code.



3005.  The appointing authority has the power to remove from office
at any time, any member of the board appointed by such appointing
authority for continued neglect of duties required by law, or for
incompetence, or unprofessional or dishonorable conduct.  Nothing in
this section shall be construed as a limitation or restriction on the
power of the appointing authority, conferred by any other provision
of law, to remove any member of the board.



3006.  The board shall organize and elect a president from among its
members for a term of one year at the first meeting of each year.
The newly elected president shall assume his duties at the conclusion
of the meeting at which he was elected.  Reelection to office during
membership is unrestricted.


3007.  The board shall meet at least twice during each calendar
year.
   Special meetings may be called at any time by the president or by
any five members of the board upon notice for such time and in such
manner as the board may provide.



3008.  (a) All meetings of the board shall be open and public, and
all persons shall be permitted to attend any meeting of the board,
except that the board may hold executive sessions to deliberate on
the decision to be reached upon the evidence introduced in a
proceeding conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
   (b) At all meetings of the board, open or executive, involving an
appeal from a decision of the Director of Motor Vehicles as
hereinafter provided for, the director or his authorized
representative may attend, present the position of the department and
thereafter shall absent himself from any executive session at the
request of any member of the board.
   (c) Within the limitations of its powers and authority as herein
conferred, and in the event of disagreement between the board and the
director regarding the decision to be reached as herein provided,
the decision of the board shall be final.



3010.  Five members of the board shall constitute a quorum for the
transaction of business, for the performance of any duty or the
exercise of any power or authority of the board, except that three
members of the board, who are not new motor vehicle dealers, shall
constitute a quorum for the purposes of Article 4 (commencing with
Section 3060) and the consideration of a petition pursuant to
subdivision (c) of Section 3050 that involves a dispute between a
franchisee and franchisor.



3011.  A vacancy on the board shall not impair the power of the
remaining members to perform all duties and exercise all powers of
the board, providing the members remaining constitute a quorum.



3012.  Each member of the board shall receive a per diem of one
hundred dollars (0) for each day actually spent in the discharge
of official duties, and he shall be reimbursed for his traveling and
other expenses necessarily incurred in the performance of his duties,
which per diem and reimbursement shall be wholly defrayed from funds
that shall be provided in the annual budget of the department.




3013.  The board shall adopt a seal and such other device as the
members may desire thereon, by which they shall authenticate all
papers and documents under their control.
   Copies of all records and papers in the board's office shall be
received in evidence in all cases when certified under the hand and
seal of the board, equally and with like effect as the originals.



3014.  The board may appoint an executive director, who shall be
exempt from civil service requirements, and who shall devote as much
time as may be necessary to discharge the functions of the board as
herein provided.   The department shall provide the board with the
necessary personnel, office space, equipment, supplies, and services
that, in the opinion of the board, may be necessary to administer
this chapter.  However, the board may contract with the department or
another state agency for office space, equipment, supplies, and
services, as determined by the board to be appropriate, for the
administration of this chapter.


3015.  In addition to the office of the executive director in
Sacramento, the department shall, as the need therefor occurs, secure
adequate rooms for the meetings of the board in Los Angeles, San
Francisco, Sacramento, or other locations in the state as may be
required in the discretion of the board, to administer this chapter.




3016.  (a) New motor vehicle dealers and other licensees under the
jurisdiction of the board shall be charged fees sufficient to fully
fund the activities of the board other than those conducted pursuant
to Section 472.5 of the Business and Professions Code.  The board may
recover the direct cost of the activities required by Section 472.5
of the Business and Professions Code by charging the Department of
Consumer Affairs a fee which shall be paid by the Department of
Consumer Affairs with funds appropriated from the Certification
Account in the Consumer Affairs Fund.  All fees shall be deposited,
and held separate from other moneys, in the Motor Vehicle Account in
the State Transportation Fund, and shall not be transferred to the
State Highway Account pursuant to Section 42273.
   (b) The fees shall be available, when appropriated, exclusively to
fund the activities of the board.  If, at the conclusion of any
fiscal year, the amount of fees collected exceeds the amount of
expenditures for this purpose during the fiscal year, the surplus
shall be carried over into the succeeding fiscal year.

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