ocation" (Vehicle Code sec. 13558(b). Otherwise, petitioners for hearings before DMV will be given 10 days' notice of the time and place of hearings. Initial hearings under the Lemon Law (discussed below) are not held before DMV but rather private arbitrators and then a court.
After the DMV hearing, if it involves the suspension or revocation of a drivers license after a DUI arrest, the person may file a petition for review of the order in a court of competent jurisdiction in the person's county of residence (Sec. 13559 Vehicle Code).
Any person can demand a hearing before the nine man New Motor Vehicle Board, four of whose members are appointed by the Governor, and five public members, one of whom is appointed by the Senate Rules Committee, 1 by the Speaker of the Assembly and 3 by the Governor (sec. 3050 Vehicle Code). The New Motor Vehicle Board can "consider any matter concerning the activities or practices of any person applying for or holding a license as a new motor vehicle dealer" and "undertake to arbitrate amicably or resolve any honest difference of opinion or viewpoint existing between any member of the public and any new motor vehicle dealer . . ." (sec. 3050(c) and 3050(c)(2) Vehicle Code). The Board holds hearing at major cities throughout the State.
6. Who prosecutes the violation? Prosecutions are handled by local district attorneys.
7. Who hears the dispute? Disputes involving actions of DMV are held before "the director or a hearing officer or hearing board appointed by him or her from officers or employees of the department" (sec. 14104.2 Government Code). The general rule in subsequent review of departmental decisions is "the hearing officer or hearing board conducting the original hearing may not participate in the review process," which is held before an administrative law judge (sec. 14105.5 Government Code) or before the New Motor Vehicle Board in cases involving the actions of dealers of new c...