Section 3080 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.
3080
. (a) Upon receiving a protest pursuant to Section 3070, 3072,
3074, 3075, or 3076, the board shall fix a time and place of hearing
within 60 days of the order, and shall send by certified mail a copy
of the order to the franchisor, the protesting franchisee, and all
individuals and groups that have requested notification by the board
of protests and decisions of the board. The board or its executive
director may, upon a showing of good cause, accelerate or postpone
the date initially established for a hearing, but the hearing shall
not be rescheduled more than 90 days after the board's initial order.
For the purpose of accelerating or postponing a hearing date, "good
cause" includes, but is not limited to, the effects upon, and any
irreparable harm to, the parties or interested persons or groups if
the request for a change in hearing date is not granted. 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 3070 or
3072, the franchisor shall have the burden of proof to establish that
there is good cause to modify, replace, terminate, or refuse to
continue a franchise. The franchisee shall have the burden of proof
to establish that there is good cause not to enter into a franchise
establishing an additional recreational vehicle dealership or
relocating an existing recreational vehicle dealership.
(c) Except as otherwise provided in this chapter, in a hearing on
a protest alleging a violation of, or filed pursuant to, Section
3074, 3075, or 3076, the franchisee shall have the burden of proof,
but the franchisor has the burden of proof to establish that a
franchisee acted with intent to defraud the franchisor when that
issue is material to a protest filed pursuant to Section 3075 or
3076.