Code Section Group

Vehicle Code - VEH

DIVISION 2. ADMINISTRATION [1500 - 3093]

  ( Division 2 enacted by Stats. 1959, Ch. 3. )

CHAPTER 6. New Motor Vehicle Board [3000 - 3085.10]

  ( Heading of Chapter 6 amended by Stats. 1974, Ch. 545. )

ARTICLE 6. Export and Sale-for-Resale Prohibition Hearings [3085 - 3085.10]
  ( Article 6 added by Stats. 2015, Ch. 526, Sec. 8. )

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, distributor, or distributor branch at any time on behalf of two or more dealers subject to the challenged policy pursuant to subdivision (y) of Section 11713.3.

(b) For the purpose of this article, an association is an organization primarily owned by, or comprised of, new motor vehicle dealers and that primarily represents the interests of dealers.

(c) Relief for a protest pursuant to this section is limited to a declaration that an export or sale-for-resale prohibition policy of a manufacturer, manufacturer branch, distributor, or distributor branch violates the prohibitions of subdivision (y) of Section 11713.3. No monetary relief may be sought on behalf of the association or any dealers represented by the association.

(d) In a protest pursuant to this section, the association shall have the burden of proof to show that the challenged export or sale-for-resale prohibition policy violates subdivision (y) of Section 11713.3.

(Added by Stats. 2015, Ch. 526, Sec. 8. (AB 1178) Effective January 1, 2016. Repealed as of January 1, 2019, pursuant to Section 3085.10.)

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 of the order to the manufacturer, manufacturer branch, distributor, distributor branch, the protesting association, and all individuals and groups that have requested notification by the board of protests and decisions of the board. The board or an administrative law judge designated by the board shall hear and consider the oral and documented evidence introduced by the parties and other interested individuals and groups, and the board shall make its decision solely on the record so made. Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code and Sections 11507.3, 11507.6, 11507.7, 11511, 11511.5, 11513, 11514, 11515, and 11517 of the Government Code apply to these proceedings.

(b) In a hearing on a protest filed pursuant to Section 3085, the association shall have the burden of proof to establish a violation of the applicable section by the subject manufacturer, manufacturer branch, distributor, or distributor branch.

(c) A member of the board who is a new motor vehicle dealer may not participate in, hear, comment, or advise other members upon, or decide, a matter involving a protest filed pursuant to this article unless all parties to the protest stipulate otherwise.

(Added by Stats. 2015, Ch. 526, Sec. 8. (AB 1178) Effective January 1, 2016. Repealed as of January 1, 2019, pursuant to Section 3085.10.)

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, conditionally sustain, overrule, or conditionally overrule the protest. Conditions imposed by the board shall be for the purpose of assuring performance of binding contractual agreements between franchisees and franchisors or otherwise serving the purposes of this article. The board shall act within 30 days after the hearing, within 30 days after the board receives a proposed decision when the case is heard before an administrative law judge alone, or within a period necessitated by Section 11517 of the Government Code, or as may be mutually agreed upon by the parties. Copies of the board’s decision shall be delivered to the parties personally or sent to them by certified mail, as well as to all individuals and groups that have requested notification by the board of protests and decisions by the board. The board’s decision shall be final upon its delivery or mailing and a reconsideration or rehearing is not permitted.

(b) Notwithstanding subdivision (c) of Section 11517 of the Government Code, if a protest is heard by an administrative law judge alone, 10 days after receipt by the board of the administrative law judge’s proposed decision, a copy of the proposed decision shall be filed by the board as a public record and a copy shall be served by the board on each party and his or her attorney.

(Added by Stats. 2015, Ch. 526, Sec. 8. (AB 1178) Effective January 1, 2016. Repealed as of January 1, 2019, pursuant to Section 3085.10.)

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 board is made public and is delivered to the parties personally or is sent to them by certified mail.

(Added by Stats. 2015, Ch. 526, Sec. 8. (AB 1178) Effective January 1, 2016. Repealed as of January 1, 2019, pursuant to Section 3085.10.)

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 of its new motor vehicle franchisees.

(Added by Stats. 2015, Ch. 526, Sec. 8. (AB 1178) Effective January 1, 2016. Repealed as of January 1, 2019, pursuant to Section 3085.10.)

3085.10.
  

This article shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.

(Added by Stats. 2015, Ch. 526, Sec. 8. (AB 1178) Effective January 1, 2016. Repealed as of January 1, 2019, by its own provisions. Note: Repeal affects Article 6, commencing with Section 3085.)

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