California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 2 - New Motor Vehicle Board
Article 1 - Administration
Section 551.13 - Intervention; Grant of Motion; Conditions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Any person, including a board member, concerned with 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, may file a motion with the executive director of the board (or designee) requesting that the movant be allowed to intervene in a pending proceeding. The motion to intervene may be granted subject to the following:
(a) The motion shall be submitted in writing, with copies served on all parties named in the pending proceeding.
(b) The motion shall be filed as early as practicable in advance of the hearing.
(c) The motion shall state facts demonstrating that the applicant's legal rights, duties, privileges, or immunities will be substantially affected by the proceeding.
(d) The board, its executive director, or an administrative law judge designated by the board or its executive director, shall determine that the interests of justice and the orderly and prompt conduct of the proceeding will not be impaired by allowing the intervention.
(e) The board, its executive director, or an administrative law judge designated by the board or its executive director, may impose conditions on the intervenor's participation in the proceeding, either at the time that intervention is granted or at a subsequent time. Such conditions shall be at the sole discretion of the board, its executive director, or an administrative law judge designated by the board or its executive director, based on the knowledge and judgment at that time, so as to promote the interests of justice. Conditions include, but are not limited to, the following:
(f) The board, its executive director, or an administrative law judge designated by the board or its executive director, shall issue an order granting or denying the motion for intervention as early as practicable in advance of the hearing, specifying any conditions, and briefly stating the reasons for the order. The board, its executive director, or an administrative law judge designated by the board or its executive director, may modify the order at any time by giving notice to all parties, stating the reasons for the modification. The determination of the board, its executive director, or an administrative law judge designated by the board or its executive director, in granting or denying the motion for intervention, or the determination modifying the order previously issued, is not subject to administrative or judicial review.
The board, its executive director, or an administrative law judge designated by the board or its executive director, may, in their discretion, allow the filing of amicus curiae briefs.
1. New
section filed 6-3-99; operative 7-3-99 (Register 99, No. 23).
2.
Change without regulatory effect amending first paragraph and subsections
(d)-(f) filed 12-31-2003 pursuant to section
100, title 1, California Code of
Regulations (Register 2004, No. 1).
3. Change without regulatory
effect amending subsection (f) filed 8-22-2023 pursuant to section
100, title 1, California Code of
Regulations (Register 2023, No. 34).
Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050(a), Vehicle Code; and Section 11440.50, Government Code.
