California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 6.1 - Administrative Adjudication
Section 440.00 - Administrative Adjudication Proceedings
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
In all administrative adjudication proceedings conducted by or on behalf of the Department of Motor Vehicles, the following provisions shall control:
(a) Alternative dispute resolution proceedings, to include mediation and arbitration, shall not be used.
(b) The hearing officer, administrative law judge or other presiding officer shall not be subject to peremptory challenge.
(c) Declaratory decisions shall not be issued.
(d) No order for monetary sanctions or the payment of expenses, including attorney's fees, incurred by another party, shall be effective until the order is adopted or entered by the Director of Motor Vehicles or his or her designee.
1. New
article 6.1 (sections 440.00-440.04) and section filed 6-27-97; operative
6-27-97 (Register 97, No. 26). This interim regulation is exempt from most of
the procedural requirements of the Administrative Procedure Act (specifically,
from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and
from review by the Office of Administrative Law pursuant to Government Code
sections
11400.20
and 11400.21 and will expire on December 31, 1998, unless earlier terminated or
replaced by, or readopted as, permanent following the procedures of the
Administrative Procedure Act.
2. Permanent section transmitted to
OAL 8-20-98 pursuant to Government Code section 11400.21 and filed 10-1-98;
operative 10-1-98 (Register 98, No. 40). Government Code section 11400.21
exempts this regulation from OAL review for
Necessity.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 11420.10, et seq., 11425.40(d), 11455.10, et seq. and 11465.20(b), Government Code.
