California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 2 - New Motor Vehicle Board
Article 2 - Filing of Petition
Section 561 - Additional Evidence and Argument in Support of Petition

Universal Citation: 13 CA Code of Regs 561

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A party wishing to present to the board evidence and/or arguments in addition to that submitted in accordance with Section 555 herein may, prior to the first consideration of the petition by the board, advise the executive director in writing of its desire to do so by filing with the board not later than ten days before the date set for the first consideration of the petition a request to present such additional evidence and/or arguments.

(b) The request to present additional evidence and/or argument filed pursuant to Section 561(a) herein shall contain, as applicable:

(1) The names and addresses of witnesses together with a brief statement summarizing their expected testimony;

(2) Copies or reproduction of all documentary or physical evidence, in addition to that already furnished pursuant to Section 555(e) herein;

(3) A summary of the subject or subjects expected to be covered by argument;

(4) A statement of the reason or reasons why it is desirable for the board to grant the request.

(c) The board may grant a request filed pursuant to Section 561(a) herein if it determines that its first consideration of the petition would be assisted by such evidence and more argument.

(d) Upon the filing of the request pursuant to Section 561(a) herein, the board shall, prior to proceeding with the first consideration of the matter, decide whether to grant the request. If the request is granted, the board shall:

(1) Set a time and place for the hearing where the oral or documentary or physical evidence may be heard and presented. Hearings set pursuant to this provision shall be conducted in accordance with Sections 589, 590 and 592 herein;

(2) Set the time and place where the argument shall be heard by the board.

(e) The Board shall in no event proceed with the first consideration of a petition unless it has reviewed the additional evidence and/or argument submitted pursuant to the provisions of Section 561(d) herein.

1. Amendment filed 7-8-77; effective thirtieth day thereafter (Register 77, No. 28).
2. Change without regulatory effect amending subsection (a) 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 (a) filed 5-31-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 22).
4. Change without regulatory effect amending section filed 11-9-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 46).
5. Change without regulatory effect amending NOTE filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9).

Note: Authority cited: Section 3050, Vehicle Code. Reference: Section 3050, Vehicle Code.

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