Legal Question in Legal Ethics 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?
2 Answers from Attorneys
This is not a legal ethics question. Legal ethics is about attorney client privilege, conflicts of interest, financial dealings with clients, etc. It has nothing to do with what you are asking about.
Actually this is an Administrative Law question. You are correct in that many state agency actions can be described as Regulations which must be formally adopted pursuant to the California Administrative Procedure Act and published in the California Regulatory Notice Register. The legal remedy is called a writ of administrative mandate. You could request documents under the California Public Records Act. Maybe you can find some lawyer somewhere willing to take them on.
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