Cal. Code Regs. tit. 13 § 550

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 550 - Definitions

For the purposes of these regulations:

(a) "Administrative law judge" or "ALJ" means an administrative law judge of the board or Office of Administrative Hearings.

(b) "Affidavit" means a written, ex parte statement made or taken under oath before an officer of the court or a notary public or other person who has been duly authorized to administer oaths.

(c) "Board" means the New Motor Vehicle Board.

(d) "Day" means a calendar day, unless otherwise specified.

(e) "Declaration" means a statement that was made under penalty of perjury and that complies with Code of Civil Procedure section 2015.5.

(f) "Department" means the Department of Motor Vehicles of the State of California.

(g) "Director" means the Director of Motor Vehicles.

(h) "Distributor" means any new motor vehicle distributor or distributor branch required to be licensed pursuant to Article 1 (commencing with section 11700) of Chapter 4 of Division 5 of the Vehicle Code.

(i) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(j) "Electronically stored information" means information that is stored in an electronic medium.

(k) "Executive Director" means the chief executive officer of the board.

(l) "Hearing" includes the taking of evidence or arguments, before an ALJ or before the board itself, during the adjudicative process on the merits of a petition or protest, or during the adjudication of a motion or an application for an order.

(m) "Manufacturer" means any new motor vehicle manufacturer as defined in Section 672 or manufacturer branch as defined in Section 389 required to be licensed pursuant to Article 1 (commencing with section 11700) of Chapter 4 of Division 5 of the Vehicle Code.

(n) "Motion" or "motions" includes all requests and applications filed with the board seeking action or ruling by the board.

(o) "Papers" means all documents, except exhibits, offered for filing with the board in any proceeding.

(p) "Party" or "Parties" includes the petitioner, protestant, respondent, or intervenor. For purposes of a peremptory challenge, an intervenor is not a party.

(q) "Petition" means a written request filed with the board pursuant to Vehicle Code section 3050(b).

(r) "Petitioner" means any person, including a board member, who files a petition seeking consideration by the board pursuant to Vehicle Code section 3050(b) of a matter involving a person applying for or holding a license as a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch or representative.

(s) "Proposed stipulated decision and order" is a paper submitted by the parties pursuant to Vehicle Code section 3050.7 seeking to resolve one or more issues in a protest or petition pending before the board.

(t) "Protest" means an action filed with the board by a franchisee pursuant to Vehicle Code sections 3060, 3062, 3064, 3065, 3065.1, 3065.3, 3065.4, 3070, 3072, 3074, 3075, or 3076. A protest also means an action filed with the board by an association pursuant to Vehicle Code section 3085.

(u) "Protestant" means any licensed new motor vehicle dealer as defined in Vehicle Code section 426 who files a protest with the board. For protests filed pursuant to Vehicle Code section 3085, an association, which is defined as an organization primarily owned by, or comprised of, new motor vehicle dealers and that primarily represents the interests of dealers is a protestant.

(v) "Respondent" means any licensed new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch or representative as defined in Vehicle Code sections 426, 672, 389, 296, 297 and 512, respectively, whose conduct, intended conduct, activities or practices are the subject of a protest or petition.

(w) "Serve" or "service" of papers means compliance with one of the methods specified in Article 1, Section 551.24 of these regulations.

(x) "Stipulated decision and order of the board" means a proposed stipulated decision and order that has been adopted by the board pursuant to Vehicle Code section 3050.7.

These definitions are supplemental to and do not replace those found in the Vehicle Code or other applicable statutes and regulations.

Cal. Code Regs. Tit. 13, § 550

1. New subchapter 2 (sections 550 through 590, not consecutive), filed 1-17-69 as procedural and organizational; effective upon filing (Register 69, No. 3).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No. 29).
3. Amendment of subsections (g) and (h) and NOTE filed 10-16-89; operative 11-15-89 (Register 89, No. 44).
4. Amendment filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
5. Change without regulatory effect amending subsection (h) and NOTE filed 12-24-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 52).
6. Change without regulatory effect amending subsection (d) filed 12-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
7. Amendment of subsections (i)-(j) and new subsection (k) filed 11-8-2005; operative 12-8-2005 (Register 2005, No. 45).
8. Amendment of section and NOTE filed 2-24-2011; operative 3-26-2011 (Register 2011, No. 8).
9. Amendment of subsections (c), (d), (g), (n) and (t), new subsections (u) and (z), subsection relettering, amendment of newly designated subsections (x) and (y) and amendment of NOTE filed 10-21-2015; operative 1-1-2016 (Register 2015, No. 43).
10. Amendment of subsections (v) and (w) and amendment of NOTE filed 9-1-2016; operative 1-1-2017 (Register 2016, No. 36).
11. Change without regulatory effect amending subsections (v)-(w) and amending NOTE filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).
12. Amendment of subsection (r) filed 12-17-2019; operative 4-1-2020 (Register 2019, No. 51).
13. Change without regulatory effect repealing subsections (c)-(d), relettering subsections, amending newly designated subsections (l) and (p)-(r) and amending NOTE filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9).
14. Amendment of subsections (t) and (u) and amendment of NOTE filed 9-29-2021; operative 1-1-2022 (Register 2021, No. 40).

Note: Authority cited: Section 3050, Vehicle Code. Reference: Sections 1504, 3050, 3050.7, 3060, 3062, 3064, 3065, 3065.1, 3065.3, 3065.4, 3070, 3072, 3074, 3075, 3076 and 3085, Vehicle Code; Sections 2015.5 and 2016.020, Code of Civil Procedure; and Section 472.5, Business and Professions Code.

1. New subchapter 2 (sections 550 through 590, not consecutive), filed 1-17-69 as procedural and organizational; effective upon filing (Register 69, No. 3).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No. 29).
3. Amendment of subsections (g) and (h) and NOTE filed 10-16-89; operative 11-15-89 (Register 89, No. 44).
4. Amendment filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
5.Change without regulatory effect amending subsection (h) and Note filed 12-24-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 52).
6. Change without regulatory effect amending subsection (d) filed 12-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
7. Amendment of subsections (i)-(j) and new subsection (k) filed 11-8-2005; operative 12-8-2005 (Register 2005, No. 45).
8. Amendment of section and Note filed 2-24-2011; operative 3-26-2011 (Register 2011, No. 8).
9. Amendment of subsections (c), (d), (g), (n) and (t), new subsections (u) and (z), subsection relettering, amendment of newly designated subsections (x) and (y) and amendment of Note filed 10-21-2015; operative 1/1/2016 (Register 2015, No. 43).
10. Amendment of subsections (v) and (w) and amendment of Note filed 9-1-2016; operative 1/1/2017 (Register 2016, No. 36).
11. Change without regulatory effect amending subsections (v)-(w) and amending Note filed 1-16-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 3).
12. Amendment of subsection (r) filed 12-17-2019; operative 4/1/2020 (Register 2019, No. 51).
13. Change without regulatory effect repealing subsections (c)-(d), relettering subsections, amending newly designated subsections (l) and (p)-(r) and amending Note filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9).
14. Amendment of subsections (t) and (u) and amendment of Note filed 9-29-2021; operative 1/1/2022 (Register 2021, No. 40).