Legal Question in Administrative Law in California

CA DMV is all of the sudden issuing a $14 fee when your insurance company goofs up and tells the DMV your insurance has canceled when in fact it hasn't.

Regardless of what happened, you have to pay the fee.

Fine, but the DMV never issued a public notice of these fees. No vote was given that I know of.

Years ago, a $300.00 fee was issued for every out of state car coming into CA.

The DMV had to pay all of that money back because the fee was unconstitutional.

Is this happening again?

Can the DMV just issue fees NOT ON THERE WEBSITE when ever they want for whatever they want? I can not pay this fee online when the notice says I can?

Why because maybe its not legal and the DMV doesn't have the money to update their website.

Hmmmmm, why $14? Why not $100 or $200?


Asked on 5/04/11, 7:31 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The authority of state and other public agencies to raise fees is sharply limited by Prop. 218 and other legislation. Prop. 218 is a Constitutional amendment in California. Its provisions are fairly complex and have sparked litigation over what charges agencies can raise, and by how much. Sometimes the agencies must justify their fees based on independent cost studies or similar processes. The DMV probably figured $14 was supportable under the laws, which also may specify which increases require voter approval, and what kind of majority is required, and which the agency can make without going to the voters. I don't know about this particular charge, but I'll bet the DMV has made the necessary cost studies and determined that the fee is lawful and constitutional.

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Answered on 5/06/11, 4:02 pm


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