Section 3085.2 Of Article 6. Export And Sale-for-resale Prohibition Hearings From California Vehicle Code >> Division 2. >> Chapter 6. >> Article 6.
3085.2
. (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.