Powers and Duties of Board

Cal. VEH § 3050

California Statutes

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 of Division of Title of the Government Code governing those matters that are specifically committed to its jurisdiction. (

b) 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 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) (

A) 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, distributor branch, or representative. (

B) The board does not have jurisdiction over a dispute pursuant to this paragraph involving any member of the public, including a consumer or other person who is not 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, unless that person has filed the dispute with the board or consents to jurisdiction by the board.

(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. (

c) 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, 3065.1, 3065.3, 3065.4, 3070, 3072, 3074, 3075, or 3076. 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. (

d) Hear and decide, within the limitations and in accordance with the procedure provided, a protest presented by an association challenging a policy of a manufacturer, manufacturer branch, distributor, or distributor branch pursuant to

Section 3085. 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 6 (commencing with

Section 3085), unless all participants to the protest stipulate otherwise. (

e) Notwithstanding subdivisions (b), (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. (

f) This

section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 3050
Date2020-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH3050.20197963

Powers and Duties of Board

Cal. VEH § 3050

California Statutes

Powers and Duties of Board

Cal. VEH § 3050

California Statutes

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 of Division of Title of the Government Code governing those matters that are specifically committed to its jurisdiction. (

b) 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 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) (

A) 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, distributor branch, or representative. (

B) The board does not have jurisdiction over a dispute pursuant to this paragraph involving any member of the public, including a consumer or other person who is not 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, unless that person has filed the dispute with the board or consents to jurisdiction by the board.

(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. (

c) 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, 3065.1, 3065.3, 3065.4, 3070, 3072, 3074, 3075, or 3076. 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. (

d) Hear and decide, within the limitations and in accordance with the procedure provided, a protest presented by an association challenging a policy of a manufacturer, manufacturer branch, distributor, or distributor branch pursuant to

Section 3085. 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 6 (commencing with

Section 3085), unless all participants to the protest stipulate otherwise. (

e) Notwithstanding subdivisions (b), (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. (

f) This

section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Document details

CollectionCalifornia Statutes
CitationCal. VEH § 3050
Date2020-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierVEH3050.20197963