Section 551.17 - Conversion of Informal Mediation to Petition; Confidentiality(a) The board or its executive director, upon the request of either party, or upon its own motion, may convert an informal mediation to a petition under section 3050(b) of the Vehicle Code. The respondent shall be an applicant for or holder of a license as a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative.(b) Within 10 days of approval to convert the proceeding, the petitioner shall file and serve a petition with the board which substantially complies with Article 2, section 555et seq.(c) Upon receipt of the petition, a copy shall be transmitted by the executive director of the board to each member of the board for consideration in accordance with Section 557 herein.(d) If the filing fee was paid by both parties in the informal mediation proceeding, no additional filing fee is required for conversion to a petition.(e) In accordance with Section 558 herein, the respondent shall file with the executive director of the board a written answer to the petition.(f) Chapter 6 (commencing with Section 3000) of Division 2 of the Vehicle Code, and Chapter 2 (commencing with Section 550) of Division 1 of Title 13 of the California Code of Regulations shall apply.(g) Notwithstanding any other provision of law, a communication made in informal mediation is protected to the following extent:(1) Anything said, any admission made, and any document prepared in the course of, or pursuant to, informal mediation is a confidential communication, and a party to the informal mediation has a privilege to refuse to disclose and to prevent another from disclosing the communication, whether in an adjudicative proceeding, civil action, or other proceeding. This subsection does not limit the admissibility of evidence if all parties to the proceeding consent.(2) No reference to the informal mediation proceedings, the evidence produced, or any other aspect of the informal mediation may be made in an adjudicative proceeding or civil action, whether as affirmative evidence, by way of impeachment, or for any other purpose.(3) No informal mediation administrative law judge is competent to testify in a subsequent administrative or civil proceeding as to any statement, conduct, decision, or order occurring at, or in conjunction with, the informal mediation.(4) Evidence otherwise admissible outside of informal mediation is not inadmissible or protected from disclosure solely by reason of its introduction or use in informal mediation.Cal. Code Regs. Tit. 13, § 551.17
1. New section filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsection (a) filed 2-6-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 6).
3. Change without regulatory effect amending subsections (a), (c), (e) and (g)(3) filed 12-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
4. Change without regulatory effect amending subsections (c) and (e) filed 11-9-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 46).
5. Change without regulatory effect amending subsection (a) and NOTE filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9). Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050(c), Vehicle Code; and Sections 11420.30 and 11470.50, Government Code.
1. New section filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsection (a) filed 2-6-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 6).
3. Change without regulatory effect amending subsections (a), (c), (e) and (g)(3) filed 12-31-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
4. Change without regulatory effect amending subsections (c) and (e) filed 11-9-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 46).
5. Change without regulatory effect amending subsection (a) and Note filed 2-26-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 9).