3050.  The board shall do all of the following:
   (a) Adopt rules and regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code governing  those matters that are specifically
committed to its jurisdiction.
   (b) Hear and determine, within the limitations and in accordance
with the procedure provided, an appeal presented by an applicant for,
or holder of, a license as a new motor vehicle dealer, manufacturer,
manufacturer branch, distributor, distributor branch, or
representative when the applicant or licensee submits an appeal
provided for in this chapter from a decision arising out of the
department.
   (c) Consider any matter concerning the activities or practices of
any person applying for or holding a license as a new motor vehicle
dealer, manufacturer, manufacturer branch, distributor, distributor
branch, or representative pursuant to Chapter 4 (commencing with
Section 11700) of Division 5 submitted by any person.  A member of
the board who is a new motor vehicle dealer may not participate in,
hear, comment, advise other members upon, or decide any matter
considered by the board pursuant to this subdivision that involves a
dispute between a franchisee and franchisor.  After  that
consideration, the board may do any one or any combination of the
following:
   (1) Direct the department to conduct investigation of matters that
the board deems reasonable, and make a written report on the results
of the investigation to the board within the time specified by the
board.
   (2) Undertake to mediate, arbitrate, or otherwise resolve any
honest difference of opinion or viewpoint existing between any member
of the public and any new motor vehicle dealer, manufacturer,
manufacturer branch, distributor branch, or representative.
   (3) Order the department to exercise any and all authority or
power that the department may have with respect to the issuance,
renewal, refusal to renew, suspension, or revocation of the license
of any new motor vehicle dealer, manufacturer, manufacturer branch,
distributor, distributor branch, or representative as  that license
is required under Chapter 4 (commencing with Section 11700) of
Division 5.
   (d) Hear and decide, within the limitations and in accordance with
the procedure provided, a protest presented by a franchisee pursuant
to Section 3060, 3062, 3064, 3065, or 3065.1.  A member of the board
who is a new motor vehicle dealer may not participate in, hear,
comment, advise other members upon, or decide, any matter involving a
protest filed pursuant to Article 4 (commencing with Section 3060),
unless all parties to the protest stipulate otherwise.
   (e) Notwithstanding subdivisions (c) and (d), the courts have
jurisdiction over all common law and statutory claims originally
cognizable in the courts.  For those claims, a party may initiate an
action directly in any court of competent jurisdiction.




3050.1.  (a) In any proceeding, hearing, or in the discharge of any
duties imposed under this chapter, the board, its secretary, or a
hearing officer designated by the board may administer oaths, take
depositions, certify to official acts, and issue subpoenas to compel
attendance of witnesses and the production of books, records, papers,
and other documents in any part of the state.
   (b) For purposes of discovery, the board or its secretary may, if
deemed appropriate and proper under the circumstances, authorize the
parties to engage in those discovery procedures as are provided for
in civil actions in Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure,
excepting the provisions of Section 2030 of that code.  Discovery
shall be completed no later than 15 days prior to the commencement of
the proceeding or hearing before the board.  This subdivision shall
apply only to those proceedings or hearings involving a petition or
protest filed pursuant to subdivision (c) or (d) of Section 3050.
The board, its secretary, or a hearing officer designated by the
board may issue subpoenas to compel attendance at depositions of
persons having knowledge of the acts, omissions or events which are
the basis for the proceedings, as well as the production of books,
records, papers and other documents.



3050.2.  (a) Obedience to subpoenas issued to compel attendance of
witnesses, or the production of books, records, papers, and other
documents at the proceeding or hearing, may be enforced by
application to the superior court as set forth in Article 2
(commencing with Section 11180) of Chapter 2 of Part 1 of Division 3
of Title 2 of the Government Code.
   (b) Compliance with discovery procedures authorized pursuant to
subdivision (b) of Section 3050.1 may be enforced by application to
the secretary of the board.  The secretary may, at the direction of
the board, upon a showing of failure to comply with authorized
discovery without substantial justification for that failure, dismiss
the protest or petition or suspend the proceedings pending
compliance.  The secretary may, at the direction of the board, upon a
failure to comply with authorized discovery without substantial
justification for that failure, require payment of costs incurred by
the board, as well as attorney's fees and costs of the party who
successfully makes or opposes a motion to compel enforcement of
discovery.  Nothing in this section precludes the secretary from
making application to the superior court to enforce obedience to
subpoenas or compliance with other discovery procedures authorized
pursuant to subdivision (b) of Section 3050.1.



3050.3.  Each witness, other than an officer or employee of the
state or of a political subdivision of the state, who appears by
order of the board or its secretary, shall receive for his attendance
the same fees and all witnesses shall receive the same mileage
allowed by law to witnesses in civil cases.  The amount shall be paid
by the party at whose request the witness is subpoenaed. The mileage
and fees, if any, of a witness subpoenaed by the board or its
secretary, but not at the request of a party, shall be paid from the
funds provided for the use of the board in the same manner that other
expenses of the board are paid.


3050.4.  In any protest or petition before the board, the board, its
secretary, or a hearing officer designated by the board or its
secretary, may order a mandatory settlement conference.  The failure
of a party to appear, to be prepared, or to have authority to settle
the matter may result in any or all of the following:
   (a) The board, its secretary, or a hearing officer designated by
the board or its secretary, may suspend all proceedings before the
board in the matter until compliance.
   (b) The board, its secretary, or a hearing officer designated by
the board or its secretary, may dismiss the proceedings or any part
thereof before the board with or without prejudice.
   (c) The board, its secretary, or a hearing officer designated by
the board or its secretary, may require all the board's costs to be
paid by the party at fault.
   (d) The board, its secretary, or a hearing officer designated by
the board or its secretary, may deem that the party at fault has
abandoned the matter.



3050.5.  Pursuant to Section 3016, the board shall establish a fee
for the initial filing by any party in regard to any appeal, protest,
or petition filed pursuant to this chapter.



3050.6.  The board or its secretary may, in the event of a granting
of a continuance of a scheduled matter, assess costs of the board
upon the party receiving the continuance.



3050.7.  (a) The board may adopt stipulated decisions and orders,
without a hearing pursuant to Section 3066, to resolve one or more
issues raised by a protest or petition filed with the board.
Whenever the parties to any protest or petition submit a proposed
stipulated decision and proposed order of the board, a copy of the
proposed stipulated decision and order shall be transmitted by the
secretary of the board to each member of the board.  The proposed
stipulated decision and order shall be deemed to be adopted by the
board unless any member of the board notifies the secretary of the
board of an objection thereto within 10 days after that board member
has received a copy of the proposed stipulated decision and order.
   (b) If the board adopts a stipulated decision and order to resolve
a protest filed pursuant to Section 3060 in which the parties
stipulate that good cause exists for the termination of the franchise
of the protestant, and the order provides for a conditional or
unconditional termination of the franchise of the protestant,
subdivision (b) of Section 3060, which requires a hearing to
determine whether good cause exists for termination of the franchise,
is inapplicable to the proceedings.  If the stipulated decision and
order provides for an unconditional termination of the franchise, the
franchise may be terminated without any further proceedings by the
board.  If the stipulated decision and order provides for the
termination of the franchise, conditioned upon the failure of any
party to comply with any specified conditions, the franchise may be
terminated upon a determination, according to the terms of the
stipulated decision and order, that the conditions have not been met.
  If the stipulated decision and order provides for the termination
of the franchise conditioned upon the occurrence of any specified
conditions, the franchise may be terminated upon a determination,
according to the terms of the stipulated decision and order, that the
stipulated conditions have occurred.



3051.  This chapter does not apply to any person licensed as a
transporter under Article 1 (commencing with Section 11700) or as a
salesperson under Article 2 (commencing with Section 11800) of
Chapter 4 of Division 5, or to any licensee who is not a new motor
vehicle dealer, motor vehicle manufacturer, manufacturer branch, new
motor vehicle distributor, distributor branch or representative.
This chapter does not apply to transactions involving "mobilehomes,"
as defined in Section 18008 of the Health and Safety Code,
"recreational vehicles," as defined in Section 18010 of the Health
and Safety Code, "commercial coaches," as defined in Section 18001.8
of the Health and Safety Code, or off-highway motor vehicles subject
to identification, as defined in Section 38012, except off-highway
motorcycles, as defined in Section 436, and all-terrain vehicles, as
defined in Section 111.  Except as otherwise provided in this
chapter, this chapter applies to a new motor vehicle dealer as
defined in Section 426, a vehicle manufacturer as defined in Section
672, a manufacturer branch as defined in Section 389, a distributor
as defined in Section 296, a distributor branch as defined in Section
297, a representative as defined in Section 512, or an applicant
therefor.