1. (a) A manufacturer that has received an order of suspension, revocation, or restriction from the department may request in writing a hearing on the matter as specified in Section 228.20. Any hearing shall be conducted by the director or by a hearing officer appointed by the director from the officers or employees of the department.

   1. (1) If a manufacturer wishes to have a hearing before the effective date of the order of suspension, revocation, or restriction pursuant to section 228.24, subsection (a), the request for hearing shall be made within ten days of the receipt of the order of suspension or revocation. The hearing shall be held at a time and place designated by the department.
   2. (2) The department shall hold the hearing before the effective date of the order of suspension or revocation if the request for hearing is received by the department on or before ten days after the manufacturer's receipt of the order of suspension or revocation. Nothing herein shall prevent issuance or enforcement of an immediate suspension, restriction, or revocation order pursuant to section 228.24, subsection (b).
   3. (3) The only issues at the hearing on an order of suspension, restriction, or revocation shall be those listed in subsections (a) and (b) of Section 228.24.
   4. (4) Upon conclusion of the hearing the director or the hearing officer shall make findings and render a determination of behalf of the department and shall notify the manufacturer. The decision shall take effect as stated in the order of suspension, restriction, or revocation.
   5. (5) A request for hearing does not stay the order of suspension, restriction, or revocation. If the department does not conduct a hearing and make a determination before the effective date of the suspension, restriction, or revocation, the department shall stay the effective date of the order pending the determination.
2. (b) If a suspension, revocation, or restriction is effective immediately as specified in subsection (b) of Section 228.24 or subsection (c) of Section 228.22, the manufacturer may request a hearing within five days of receipt of the order of suspension, restriction, or revocation. The department shall provide for a hearing within a reasonable time not to exceed 21 days after a written request for hearing is filed with the department. A request for hearing does not stay the suspension, revocation, or restriction.
3. (c) All matters in a hearing not covered by this section shall be governed, as far as applicable, by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Note: Authority cited: Sections 1651 and 38750, Vehicle Code. Reference: Section 38750, Vehicle Code.

History

1. New section filed 2-26-2018; operative 4-1-2018 (Register 2018, No. 9).

2. Renumbering of former section 228.26 to section 228.30 and renumbering of former section 228.22 to section 228.26, including amendment of section heading and section, filed 4-28-2026; operative 4-28-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 18).