Section 1673.4 Of Article 2. Powers And Duties From California Vehicle Code >> Division 2. >> Chapter 1. >> Article 2.
1673.4
. (a) Any claim submitted by a person other than a registered
owner or lessee shall be filed within 30 days from the effective
date of this section.
(b) If a claimant other than the registered owner or lessee files
a claim, or has filed a claim prior to the effective date of this
section, for refund in a manner and form verified by the department,
the department shall mail a notification to the registered owner or
lessee informing that person that he or she is eligible for a refund
of the smog impact fee and that a competing claim for that fee has
been filed. The registered owner or lessee shall have three years
from the effective date of this section to inform the department that
the registered owner or lessee opposes payment of the smog impact
fee refund to the competing claimant. In that case, the refund shall
be made to the registered owner or lessee and notice of that action
shall be sent to the competing claimant. If the registered owner or
lessee does not notify the department within the three-year period
that he or she opposes the payment, the department shall pay the
refund to the competing claimant.
(c) If any refund paid by the department under this section is
disputed, any party that filed a claim may commence an action in
small claims court. The small claims court action may not be filed if
three years or more have elapsed from the date the department mailed
the refund to either party.
(d) The State of California, its departments and agencies, and
their officers or employees shall not be a party to a lawsuit between
competing claimants relating to smog impact fee refunds.