California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 2 - New Motor Vehicle Board
Article 5 - Protests
Section 585 - Time of Filing and Content of Protests Pursuant to Sections 3060, 3062, 3070, and 3072, Vehicle Code
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The protest shall be considered received on the date of receipt by the executive director of the board or on the date of certified or registered mailing.
(b) The protest shall be responsive to the specific grounds as set forth in the notice and shall set forth in clear and concise language the factual contentions of the franchisee with respect to the matter referred to in the notice.
(c) The franchisee may submit, as exhibits to the protest, photographic, documentary or similar physical evidence relevant to the matter in support of the protest with an appropriate description thereof in the protest sufficient to identify them and to explain their relevancy.
(d) The franchisee shall set forth in the protest its mailing address and telephone number and the name, mailing address and telephone number of its attorney or authorized agent, if any. All correspondence with franchisee and notices to franchisee shall thereafter be addressed to said address, if it represents itself, or to the address of its attorney or agent, if it is represented by an attorney or agent.
(e) Franchisee shall indicate either that it does or does not desire to appear before the board.
(f) The franchisee shall set forth in the protest an estimate of the number of days required to complete the hearing.
(g) The franchisee shall set forth in the protest a request for a prehearing conference if one is desired.
1. Amendment
filed 1-28-76 as an emergency; effective upon filing (Register 76, No.
5).
2. Certificate of Compliance filed 5-28-76 (Register 76, No.
22).
3. Amendment filed 4-12-77 as an emergency; effective upon
filing (Register 77, No. 16).
4. Reinstatement of section as it
existed prior to emergency amendment filed 4-12-77 by operation of section
11422.1(b), Government Code (Register 78, No. 32).
5. New
subsections (i) and (j) filed 3-6-79 as an emergency effective upon filing
(Register 79, No. 10).
6. Certificate of Compliance transmitted to
OAL 7-3-79 and filed 7-10-79 (Register 79, No. 28).
7. Amendment
filed 4-9-85; effective thirtieth day thereafter (Register 85, No.
15).
8. Amendment of subsection (a) filed 10-21-94; operative
10-21-94 pursuant to Government Code section
11346.2(d)
(Register 94, No. 42).
9. Change without regulatory effect amending
section heading, subsection (a) and NOTE filed 12-31-2003 pursuant to section
100, title 1, California Code of
Regulations (Register 2004, No. 1).
10. Change without regulatory
effect amending subsections (d)-(e) filed 5-31-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 22).
Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3060, 3062, 3070 and 3072, Vehicle Code.