Can the California Motor Vehicle Board set aside a penalty imposed by the Department of Motor Vehicles?
California, United States of America
The following excerpt is from Cozens v. New Car Dealers Policy & Appeals Bd., 124 Cal.Rptr. 835, 52 Cal.App.3d 21 (Cal. App. 1975):
Finally, the director argues that a holding that the board can set aside department penalties for whatever reasons it chooses would result in the emasculation of the department's authority over car dealer licenses. (See Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 918--919, 80 Cal.Rptr. 89, 458 P.2d 33.)
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