Jurris.COM
Section 3062 Of Article 4. Hearings On Franchise Modification, Replacement, Termination, Refusal To Continue, Delivery And Preparation Obligations, And Warranty Reimbursement From California Vehicle Code >> Division 2. >> Chapter 6. >> Article 4.
3062
. (a) (1) Except as otherwise provided in subdivision (b), if a
franchisor seeks to enter into a franchise establishing an
additional motor vehicle dealership, or seeks to relocate an existing
motor vehicle dealership, that has a relevant market area within
which the same line-make is represented, the franchisor shall, in
writing, first notify the board and each franchisee in that line-make
in the relevant market area of the franchisor's intention to
establish an additional dealership or to relocate an existing
dealership. Within 20 days of receiving the notice, satisfying the
requirements of this section, or within 20 days after the end of an
appeal procedure provided by the franchisor, a franchisee required to
be given the notice may file with the board a protest to the
proposed dealership establishment or relocation described in the
franchisor's notice. If, within this time, a franchisee files with
the board a request for additional time to file a protest, the board
or its executive director, upon a showing of good cause, may grant an
additional 10 days to file the protest. When a protest is filed, the
board shall inform the franchisor that a timely protest has been
filed, that a hearing is required pursuant to Section 3066, and that
the franchisor may not establish the proposed dealership or relocate
the existing dealership until the board has held a hearing as
provided in Section 3066, nor thereafter, if the board has determined
that there is good cause for not permitting the establishment of the
proposed dealership or relocation of the existing dealership. In the
event of multiple protests, hearings may be consolidated to expedite
the disposition of the issue.
(2) If a franchisor seeks to enter into a franchise that authorizes a satellite warranty facility to be established at, or relocated to, a proposed location that is within two miles of a dealership of the same line-make, the franchisor shall first give notice in writing of the franchisor's intention to establish or relocate a satellite warranty facility at the proposed location to the board and each franchisee operating a dealership of the same line-make within two miles of the proposed location. Within 20 days of receiving the notice satisfying the requirements of this section, or within 20 days after the end of an appeal procedure provided by the franchisor, a franchisee required to be given the notice may file with the board a protest to the establishing or relocating of the satellite warranty facility. If, within this time, a franchisee files with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant an additional 10 days to file the protest. When a protest is filed, the board shall inform the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3066, and that the franchisor may not establish or relocate the proposed satellite warranty facility until the board has held a hearing as provided in Section 3066, nor thereafter, if the board has determined that there is good cause for not permitting the satellite warranty facility. In the event of multiple protests, hearings may be consolidated to expedite the disposition of the issue.
(3) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, the following statement:
(2) If a franchisor seeks to enter into a franchise that authorizes a satellite warranty facility to be established at, or relocated to, a proposed location that is within two miles of a dealership of the same line-make, the franchisor shall first give notice in writing of the franchisor's intention to establish or relocate a satellite warranty facility at the proposed location to the board and each franchisee operating a dealership of the same line-make within two miles of the proposed location. Within 20 days of receiving the notice satisfying the requirements of this section, or within 20 days after the end of an appeal procedure provided by the franchisor, a franchisee required to be given the notice may file with the board a protest to the establishing or relocating of the satellite warranty facility. If, within this time, a franchisee files with the board a request for additional time to file a protest, the board or its executive director, upon a showing of good cause, may grant an additional 10 days to file the protest. When a protest is filed, the board shall inform the franchisor that a timely protest has been filed, that a hearing is required pursuant to Section 3066, and that the franchisor may not establish or relocate the proposed satellite warranty facility until the board has held a hearing as provided in Section 3066, nor thereafter, if the board has determined that there is good cause for not permitting the satellite warranty facility. In the event of multiple protests, hearings may be consolidated to expedite the disposition of the issue.
(3) The written notice shall contain, on the first page thereof in at least 12-point bold type and circumscribed by a line to segregate it from the rest of the text, the following statement:
