New Motor Vehicle BoardOrganization of Board
Section § 3000
This law section states that the Department of Motor Vehicles includes a New Motor Vehicle Board made up of nine members.
Section § 3001
This law section outlines the composition of a board related to motor vehicle dealers. It requires that four members be new motor vehicle dealers with at least five years of experience and that they are appointed by the Governor. The other five members must be public members with no current affiliation or employment with licensed motor vehicle dealers at the time of their appointment, and must include one lawyer who has practiced in California for at least ten years. Public members are appointed by both legislative leaders and the Governor. All board members need to have good moral character. The provisions do not apply to dealers of motorcycles, all-terrain vehicles, or recreational vehicles.
Section § 3002
This section indicates that the appointment of certain members will become valid starting from the date this article goes into effect.
Section § 3003
This section details how members are appointed to a specific board related to motor vehicles. Each member serves a four-year term, but stays until their replacement is appointed or up to one year after their term ends. Initial terms were staggered to ensure continuity. If a member leaves before their term is over, a new member is appointed to serve the remaining time. This section does not apply to dealers who only deal in motorcycles, all-terrain vehicles, or recreational vehicles.
Section § 3004
This law section states that board members must take an official oath before starting their duties. This requirement follows guidelines from both the Constitution and the Government Code.
Section § 3005
This law allows the person or entity who appointed a board member to remove them from office at any time. They can do so if the member is consistently neglecting their duties, is incompetent, or behaves unprofessionally or dishonorably. Additionally, this power is not limited by this section and can be reinforced by other laws.
Section § 3006
This law explains that the board must choose a president from its members every year at the first meeting. The president serves for one year and takes on their role right after being elected. Members can be re-elected as president as many times as they want while they are on the board.
Section § 3007
This law requires the board to have meetings at least twice a year. Additionally, special meetings can be scheduled anytime if the president or any five board members request it, following the procedures set by the board for notifying members about these meetings.
Section § 3008
This law requires that all board meetings be open to the public, allowing anyone to attend. However, the board can have private sessions, called executive sessions, to discuss decisions based on evidence presented in specific legal proceedings.
Section § 3010
This section explains how many board members are needed to make decisions. Usually, five members are required to do business or make decisions. However, for certain specific issues involving disputes between franchisees and franchisors, only three board members, who are not new car dealers, are needed.
Section § 3011
If there's a vacancy on a board, the remaining board members can still carry out their duties and make decisions, as long as there are enough members present to form a quorum.
Section § 3012
Board members get $100 per day for working on their duties. They are also paid back for travel and other necessary expenses while doing their job. These payments come from the department's budget.
Section § 3013
The board is responsible for creating a seal or another device to officially authenticate documents and papers under their control. Certified copies of records from the board's office are to be treated as valid as the originals in all legal situations.
Section § 3014
This law section states that the board can hire an executive director who does not need to meet civil service requirements and should work as much as needed to fulfill the board's duties. The department must provide the board with what it needs, like staff and office supplies, to carry out this chapter. The board also has the option to make agreements with the department or another state agency for these resources if it sees fit.
Section § 3015
This law allows the department to rent meeting rooms in cities across California, such as Los Angeles, San Francisco, Sacramento, or other locations, whenever it's necessary for the board to meet and manage its duties under this chapter.
Section § 3016
In California, new motor vehicle dealers and other licensees must pay fees that cover the activities of the board overseeing them, except for activities under a specific section of the Business and Professions Code. The costs of these specific activities are funded separately by the Department of Consumer Affairs. All collected fees are kept in a dedicated account and cannot be used for state highway expenses. At the end of each fiscal year, if more fees are collected than spent, the extra amount is carried over to the next year.