Article 6. Export And Sale-for-resale Prohibition Hearings of California Vehicle Code >> Division 2. >> Chapter 6. >> Article 6.
(a) An association may bring a protest challenging the
legality of an export or sale-for-resale prohibition policy of a
manufacturer, manufacturer branch, distributor, or distributor branch
at any time on behalf of two or more dealers subject to the
challenged policy pursuant to subdivision (y) of Section 11713.3.
(b) For the purpose of this article, an association is an
organization primarily owned by, or comprised of, new motor vehicle
dealers and that primarily represents the interests of dealers.
(c) Relief for a protest pursuant to this section is limited to a
declaration that an export or sale-for-resale prohibition policy of a
manufacturer, manufacturer branch, distributor, or distributor
branch violates the prohibitions of subdivision (y) of Section
11713.3. No monetary relief may be sought on behalf of the
association or any dealers represented by the association.
(d) In a protest pursuant to this section, the association shall
have the burden of proof to show that the challenged export or
sale-for-resale prohibition policy violates subdivision (y) of
(a) Upon receiving a protest pursuant to Section 3085, the
board shall fix a time and place of hearing within 60 days, and shall
send by certified mail a copy of the order to the manufacturer,
manufacturer branch, distributor, distributor branch, the protesting
association, and all individuals and groups that have requested
notification by the board of protests and decisions of the board. The
board or an administrative law judge designated by the board shall
hear and consider the oral and documented evidence introduced by the
parties and other interested individuals and groups, and the board
shall make its decision solely on the record so made. Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title 2 of
the Government Code and Sections 11507.3, 11507.6, 11507.7, 11511,
11511.5, 11513, 11514, 11515, and 11517 of the Government Code apply
to these proceedings.
(b) In a hearing on a protest filed pursuant to Section 3085, the
association shall have the burden of proof to establish a violation
of the applicable section by the subject manufacturer, manufacturer
branch, distributor, or distributor branch.
(c) A member of the board who is a new motor vehicle dealer may
not participate in, hear, comment, or advise other members upon, or
decide, a matter involving a protest filed pursuant to this article
unless all parties to the protest stipulate otherwise.
(a) The decision of the board shall be in writing and shall
contain findings of fact and a determination of the issues
presented. The decision shall sustain, conditionally sustain,
overrule, or conditionally overrule the protest. Conditions imposed
by the board shall be for the purpose of assuring performance of
binding contractual agreements between franchisees and franchisors or
otherwise serving the purposes of this article. The board shall act
within 30 days after the hearing, within 30 days after the board
receives a proposed decision when the case is heard before an
administrative law judge alone, or within a period necessitated by
Section 11517 of the Government Code, or as may be mutually agreed
upon by the parties. Copies of the board's decision shall be
delivered to the parties personally or sent to them by certified
mail, as well as to all individuals and groups that have requested
notification by the board of protests and decisions by the board. The
board's decision shall be final upon its delivery or mailing and a
reconsideration or rehearing is not permitted.
(b) Notwithstanding subdivision (c) of Section 11517 of the
Government Code, if a protest is heard by an administrative law judge
alone, 10 days after receipt by the board of the administrative law
judge's proposed decision, a copy of the proposed decision shall be
filed by the board as a public record and a copy shall be served by
the board on each party and his or her attorney.
Either party may seek judicial review of final decisions of
the board. An appeal shall be filed within 45 days from the date on
which the final order of the board is made public and is delivered to
the parties personally or is sent to them by certified mail.
The provisions of this article shall be applicable to any
association which is primarily owned by or comprised of new motor
vehicle dealers and acts on behalf of its new motor vehicle
This article shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends