2007 California Vehicle Code Article 2. Powers And Duties Of Board

CA Codes (veh:3050-3051)

VEHICLE CODE

SECTION 3050-3051




3050.  The board shall do all of the following:
   (a) Adopt rules and regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code governing  those matters that are specifically
committed to its jurisdiction.
   (b) Hear and determine, within the limitations and in accordance
with the procedure provided, an appeal presented by an applicant for,
or holder of, a license as a new motor vehicle dealer, manufacturer,
manufacturer branch, distributor, distributor branch, or
representative when the applicant or licensee submits an appeal
provided for in this chapter from a decision arising out of the
department.
   (c) Consider any matter concerning 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 pursuant to Chapter 4 (commencing with
Section 11700) of Division 5 submitted by any person.  A member of
the board who is a new motor vehicle dealer may not participate in,
hear, comment, advise other members upon, or decide any matter
considered by the board pursuant to this subdivision that involves a
dispute between a franchisee and franchisor.  After  that
consideration, the board may do any one or any combination of the
following:
   (1) Direct the department to conduct investigation of matters that
the board deems reasonable, and make a written report on the results
of the investigation to the board within the time specified by the
board.
   (2) Undertake to mediate, arbitrate, or otherwise resolve any
honest difference of opinion or viewpoint existing between any member
of the public and any new motor vehicle dealer, manufacturer,
manufacturer branch, distributor branch, or representative.
   (3) Order 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.
   (d) Hear and decide, within the limitations and in accordance with
the procedure provided, a protest presented by a franchisee pursuant
to Section 3060, 3062, 3064, 3065, or 3065.1.  A member of the board
who is a new motor vehicle dealer may not participate in, hear,
comment, advise other members upon, or decide, any matter involving a
protest filed pursuant to Article 4 (commencing with Section 3060),
unless all parties to the protest stipulate otherwise.
   (e) Notwithstanding subdivisions (c) and (d), the courts have
jurisdiction over all common law and statutory claims originally
cognizable in the courts.  For those claims, a party may initiate an
action directly in any court of competent jurisdiction.




3050.1.  (a) In a proceeding, hearing, or in the discharge of duties
imposed under this chapter, the board, its executive director, or an
administrative law judge designated by the board may administer
oaths, take depositions, certify to official acts, and issue
subpoenas to compel attendance of witnesses and the production of
books, records, papers, and other documents in any part of the state.

   (b) For purposes of discovery, the board or its executive director
may, if deemed appropriate and proper under the circumstances,
authorize the parties to engage in the civil action discovery
procedures in Title 4 (commencing with Section 2016.010) of Part 4 of
the Code of Civil Procedure, excepting the provisions of  Chapter 13
(commencing with Section 2030.010) of that title.  Discovery shall
be completed no later than 15 days prior to the commencement of the
proceeding or hearing before the board.  This subdivision shall apply
only to those proceedings or hearings involving a petition or
protest filed pursuant to subdivision (c) or (d) of Section 3050.
The board, its executive director, or an administrative law judge
designated by the board may issue subpoenas to compel attendance at
depositions of persons having knowledge of the acts, omissions, or
events that are the basis for the proceedings, as well as the
production of books, records, papers, and other documents.



3050.2.  (a) Obedience to subpoenas issued to compel attendance of
witnesses, or the production of books, records, papers, and other
documents at the proceeding or hearing, may be enforced by
application to the superior court as set forth in Article 2
(commencing with Section 11180) of Chapter 2 of Part 1 of Division 3
of Title 2 of the Government Code.
   (b) Compliance with discovery procedures authorized pursuant to
subdivision (b) of Section 3050.1 may be enforced by application to
the executive director of the board.  The executive director may, at
the direction of the board, upon a showing of failure to comply with
authorized discovery without substantial justification for that
failure, dismiss the protest or petition or suspend the proceedings
pending compliance.  The executive director may, at the direction of
the board, upon a failure to comply with authorized discovery without
substantial justification for that failure, require payment of costs
incurred by the board, as well as attorney's fees and costs of the
party who successfully makes or opposes a motion to compel
enforcement of discovery.  Nothing in this section precludes the
executive director from making application to the superior court to
enforce obedience to subpoenas or compliance with other discovery
procedures authorized pursuant to subdivision (b) of Section 3050.1.




3050.3.  A witness, other than an officer or employee of the state
or of a political subdivision of the state, who appears by order of
the board or its executive director, shall receive for his or her
attendance the same fees and the same mileage allowed by law to
witnesses in civil cases.  The amount shall be paid by the party at
whose request the witness is subpoenaed.  The mileage and fees, if
any, of a witness subpoenaed by the board or its executive director,
but not at the request of a party, shall be paid from the funds
provided for the use of the board in the same manner that other
expenses of the board are paid.


3050.4.  In a protest or petition before the board, the board, its
executive director, or an administrative law judge designated by the
board or its executive director, may order a mandatory settlement
conference.  The failure of a party to appear, to be prepared, or to
have authority to settle the matter may result in one or more of the
following:
   (a) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may suspend
all proceedings before the board in the matter until compliance.
   (b) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may dismiss
the proceedings or any part thereof before the board with or without
prejudice.
   (c) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may require
all the board's costs to be paid by the party at fault.
   (d) The board, its executive director, or an administrative law
judge designated by the board or its executive director, may deem
that the party at fault has abandoned the matter.



3050.5.  Pursuant to Section 3016, the board shall establish a fee
for the initial filing by any party in regard to any appeal, protest,
or petition filed pursuant to this chapter.



3050.6.  The board or its executive director may, in the event of a
granting of a continuance of a scheduled matter, assess costs of the
board upon the party receiving the continuance.



3050.7.  (a) The board may adopt stipulated decisions and orders,
without a hearing pursuant to Section 3066, to resolve one or more
issues raised by a protest or petition filed with the board.
Whenever the parties to a protest or petition submit a proposed
stipulated decision and proposed order of the board, a copy of the
proposed stipulated decision and order shall be transmitted by the
executive director of the board to each member of the board.  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.
   (b) If the board adopts a stipulated decision and order to resolve
a protest filed pursuant to Section 3060 in which the parties
stipulate that good cause exists for the termination of the franchise
of the protestant, and the order provides for a conditional or
unconditional termination of the franchise of the protestant,
subdivision (b) of Section 3060, which requires a hearing to
determine whether good cause exists for termination of the franchise,
is inapplicable to the proceedings.  If the stipulated decision and
order provides for an unconditional termination of the franchise, the
franchise may be terminated without further proceedings by the
board.  If the stipulated decision and order provides for the
termination of the franchise, conditioned upon the failure of a party
to comply with specified conditions, the franchise may be terminated
upon a determination, according to the terms of the stipulated
decision and order, that the conditions have not been met.  If the
stipulated decision and order provides for the termination of the
franchise conditioned upon the occurrence of specified conditions,
the franchise may be terminated upon a determination, according to
the terms of the stipulated decision and order, that the stipulated
conditions have occurred.



3051.  This chapter does not apply to any person licensed as a
transporter under Article 1 (commencing with Section 11700) or as a
salesperson under Article 2 (commencing with Section 11800) of
Chapter 4 of Division 5, or to any licensee who is not a new motor
vehicle dealer, motor vehicle manufacturer, manufacturer branch, new
motor vehicle distributor, distributor branch, or representative.
This chapter does not apply to transactions involving "mobilehomes,"
as defined in Section 18008 of the Health and Safety Code,
"recreational vehicles," as defined in subdivision (b) of Section
18010 of the Health and Safety Code, truck campers, "commercial
coaches," as defined in Section 18001.8 of the Health and Safety
Code, or off-highway motor vehicles subject to identification, as
defined in Section 38012, except off-highway motorcycles, as defined
in Section 436, and all-terrain vehicles, as defined in Section 111.
Except as otherwise provided in this chapter, this chapter applies
to a new motor vehicle dealer, a dealer of new recreational vehicles,
as defined in subdivision (a) of Section 18010 of the Health and
Safety Code, except a dealer who deals exclusively in truck campers,
a vehicle manufacturer as defined in Section 672, a manufacturer
branch as defined in Section 389, a distributor as defined in Section
296, a distributor branch as defined in Section 297, a
representative as defined in Section 512, or an applicant therefor.


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