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§ 5600. Requirements to Request a Hearing to Contest the Existence or Amount of the State Lien.

25 CA ADC § 5600Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 5. Registration and Titling of Manufactured Homes, Mobilehomes, Multifamily Manufactured Home, Commercial Modular, Truck Campers, and Floating Homes
Article 10. Commercial Coach Seizure and Sale to Satisfy a Lien in Favor of the State of California
25 CCR § 5600
§ 5600. Requirements to Request a Hearing to Contest the Existence or Amount of the State Lien.
Currentness
(a) The registered owner or any person receiving notice from the department, of the department's intention to seize and sell a commercial coach in order to satisfy a lien in favor of the State for nonpayment of registration fees and/or license fees and corresponding penalties, may request a hearing to contest the existence or the amount of the lien.
(b) The registered owner or person receiving the notice may only request a hearing on or before the date stated in the department's notice as the last day a request for a hearing can be received.
(c) The request for a hearing shall be in written form and shall contain the following information:
(1) the name and mailing address of the registered owner or person requesting the hearing,
(2) the county in which the person or registered owner resides, and
(3) a brief statement giving the grounds for the request.
(d) The request shall be submitted to the department in person or by mail to PO Box 1407, Sacramento, CA 95812-1407.
(e) The date of receipt shall be the date the written request is received by the department, by mail or in person.
(f) Upon receipt of a timely request, the department shall schedule a hearing and shall provide written notice of the time and place of the hearing to the person, or registered owner and legal owners, and any other person who claims to have an interest in the commercial coach. This notice shall be mailed no later than ten days prior to the date set by the department for the hearing.
(g) Should the person or registered owner fail to appear at the time and place scheduled for the hearing, the department shall dismiss the request and continue with the seizure and sale process.
(h) All interested parties shall be notified by registered mail of the Director's decision regarding the findings of the hearing, and the department shall insure compliance with the findings.
(i) If a lien no longer exists as a result of the decision, the department will discontinue the seizure and sale process.
(j) The person requesting the hearing or the registered owner shall have ten days from the date of the notification from the department of the Director's decision pursuant to subsection (h) to submit the fees and/or penalties that are stated in the notice to be due and payable if:
(1) The amount of the lien is reduced as a result of the decision, or
(2) the lien is upheld as a result of the hearing.
(k) In the event the payment is not made in the time specified in subsection (j), the department shall continue with the seizure and sale process.

Credits

Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18116.2, Health and Safety Code.
History
1. New article 10 (sections 5600-5601) and section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).
This database is current through 8/30/24 Register 2024, No. 35.
Cal. Admin. Code tit. 25, § 5600, 25 CA ADC § 5600
End of Document