Section 3076 Of Article 5. Hearings On Recreational Vehicle Franchise Modification, Replacement, Termination, Refusal To Continue, Establishment, And Relocation, And Consumer Complaints From California Vehicle Code >> Division 2. >> Chapter 6. >> Article 5.
3076
. (a) All claims made by a franchisee for payment under the
terms of a franchisor incentive program shall be either approved or
disapproved within 30 days after receipt by the franchisor. When a
claim is disapproved, the franchisee who submits it shall be notified
in writing of its disapproval within the required period, and each
notice shall state the specific grounds upon which the disapproval is
based. A claim not specifically disapproved in writing within 30
days from receipt shall be deemed approved on the 30th day. Following
the disapproval of a claim, a franchisee shall have one year from
receipt of the notice of disapproval in which to appeal the
disapproval to the franchisor and file a protest with the board. All
claims made by franchisees under this section shall be paid within 30
days following approval. Failure to approve or pay within the above
specified time limits, in individual instances for reasons beyond the
reasonable control of the franchisor, do not constitute a violation
of this article.
(b) Audits of franchisee incentive records may be conducted by the
franchisor on a reasonable basis, and for a period of 18 months
after a claim is paid or credit issued. Franchisee claims for
incentive program compensation shall not be disapproved except for
good cause, such as ineligibility under the terms of the incentive
program, lack of material documentation, or fraud. Any chargeback to
a franchisee for incentive program compensation shall be made within
90 days of the completion of the audit. If a false claim was
submitted by a franchisee with the intent to defraud the franchisor,
a longer period for audit and any resulting chargeback may be
permitted if the franchisor obtains an order from the board.