CHAPTER 6. New Motor Vehicle Board [3000. - 3085.10.]
Heading of Chapter 6 amended by Stats. 1974, Ch. 545.
§§ 3000–3085.10 · 61 sections
ARTICLE 1. Organization of Board §§ 3000–3016 · 16 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 3008 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…
- § 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…
- § 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…
- § 3012 Each member of the board shall receive a per diem of one hundred dollars ($100) for each day actually spent in the discharge of official duties, and he or she…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Powers and Duties of Board §§ 3050–3051 · 9 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 3050.5 Pursuant to Section 3016, the board shall establish a fee for the initial filing by any party in regard to any protest or petition filed pursuant to this…
- § 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…
- § 3050.7 (a) The board may adopt stipulated decisions and orders, without a hearing pursuant to Section 3066, 3080, or 3085.2, to resolve one or more issues raised by a…
- § 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…
ARTICLE 4. Hearings on Franchise Modification, Replacement, Termination, Refusal to Continue, Delivery and Preparation Obligations, and Warranty Reimbursement §§ 3060–3069.1 · 16 sections
- § 3060 (a) Notwithstanding Section 20999.1 of the Business and Professions Code or the terms of any franchise, no franchisor shall terminate or refuse to continue any…
- § 3061 In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise, the board shall take into…
- § 3062 (a) (1) Except as otherwise provided in subdivision (b), if a franchisor seeks to enter into a franchise establishing an additional motor vehicle dealership,…
- § 3063 In determining whether good cause has been established for not entering into a franchise or relocating an existing dealership of the same line-make, the board…
- § 3064 (a) Every franchisor shall specify to its franchisees the delivery and preparation obligations of the franchisees prior to delivery of new motor vehicles to…
- § 3065 (a) Every franchisor shall properly fulfill every warranty agreement made by it and adequately and fairly compensate each of its franchisees for labor and…
- § 3065.1 (a) All claims made by a franchisee for payment under the terms of a franchisor incentive program shall be either approved or disapproved within 30 days after…
- § 3065.2 (a) A franchisee seeking to establish or modify its retail labor rate, retail parts rate, or both, to determine a reasonable warranty reimbursement schedule…
- § 3065.25 As used in Sections 3065, 3065.2, and 3065.4, the following terms shall have the following meanings: (a) “Parts” includes, but is not limited to, engine,…
- § 3065.3 (a) No franchisor shall establish or maintain a performance standard, sales objective, or program for measuring a dealer’s sales, service, or customer service…
- § 3065.4 (a) If a franchisor fails to comply with Section 3065.2, or if a franchisee disputes the franchisor’s proposed adjusted retail labor rate or retail parts rate,…
- § 3066 (a) Upon receiving a protest pursuant to Section 3060, 3062, 3064, 3065, 3065.1, 3065.3, or 3065.4, the board shall fix a time within 60 days of the order, and…
- § 3067 (a) The decision of the board shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall sustain,…
- § 3068 Either party may seek judicial review of final decisions of the board. Time for filing for the review shall not be more than 45 days from the date on which the…
- § 3069 The provisions of this article shall be applicable to all franchises existing between dealers and manufacturers, manufacturer branches, distributors and…
- § 3069.1 Sections 3060 to 3065.4, inclusive, do not apply to a franchise authorizing a dealership, as defined in subdivision (d) of Section 3072.
ARTICLE 5. Hearings on Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal to Continue, Establishment, and Relocation, and Consumer Complaints §§ 3070–3082 · 14 sections
- § 3070 (a) Notwithstanding Section 20999.1 of the Business and Professions Code or the terms of any franchise, a franchisor of a dealer of new recreational vehicles,…
- § 3071 In determining whether good cause has been established for modifying, replacing, terminating, or refusing to continue a franchise of a dealer of new…
- § 3072 (a) (1) Except as otherwise provided in subdivision (b), if a franchisor seeks to enter into a franchise establishing an additional recreational vehicle…
- § 3072.5 For the purposes of this article, a “recreational vehicle line-make” is a group or groups of recreational vehicles defined by the terms of a written agreement…
- § 3073 In determining whether good cause has been established for not entering into a recreational vehicle franchise or relocating an existing dealership of the same…
- § 3074 (a) A franchisor shall specify to its franchisees the delivery and preparation obligations of the franchisees prior to delivery of new recreational vehicles to…
- § 3075 (a) A franchisor shall properly fulfill every warranty agreement made by it and adequately and fairly compensate each of its franchisees for labor and parts…
- § 3076 (a) All claims made by a franchisee for payment under the terms of a franchisor incentive program shall be either approved or disapproved within 30 days after…
- § 3077 (a) In addition to fees imposed under Sections 3016 and 11723, the department shall impose a one-time additional fee on those dealers subject to this article…
- § 3078 (a) If the board receives a complaint from a member of the public seeking a refund involving the sale or lease of, or a replacement of, a recreational vehicle,…
- § 3079 This article applies only to a recreational vehicle franchise entered into or renewed on or after January 1, 2004.
- § 3080 (a) Upon receiving a protest pursuant to Section 3070, 3072, 3074, 3075, or 3076, the board shall fix a time and place of hearing within 60 days of the order,…
- § 3081 (a) The decision of the board shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall sustain,…
- § 3082 Either party may seek judicial review of final decisions of the board. Time for filing for the review shall not be more than 45 days from the date on which the…
ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings §§ 3085–3085.10 · 6 sections
- § 3085 (a) An association may bring a protest challenging the legality of an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch,…
- § 3085.2 (a) Upon receiving a protest pursuant to Section 3085, the board shall fix a time and place of hearing within 60 days, and shall send by certified mail a copy…
- § 3085.4 (a) The decision of the board shall be in writing and shall contain findings of fact and a determination of the issues presented. The decision shall sustain,…
- § 3085.6 Either party may seek judicial review of final decisions of the board. An appeal shall be filed within 45 days from the date on which the final order of the…
- § 3085.8 The provisions of this article shall be applicable to any association which is primarily owned by or comprised of new motor vehicle dealers and acts on behalf…
- § 3085.10 This article shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January…