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(continued)
(b) Whenever an authorized driving school goes out of business all student license records and any unused student licenses shall be surrendered to the department.



Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.


s 344.32. Records Maintenance and Confidentiality.
(a) Every owner of a driving school authorized to issue student licenses shall maintain at the driving school's principal place of business the following records:
(1) Every Application for Student License Issued by Authorized Driving Schools which does not result in a referral to the department as specified in Section 344.22(b).
(2) The Driving School copy of each Driving School Student License issued.
(3) Every Student License Issuance Log used to account for the student licenses issued, lost, stolen or voided.
(b) The records shall be available for inspection at the principal place of business within 10 working days of the issuance date of the student license excluding Saturdays, Sundays and legal holidays.
(c) The records shall be retained for a minimum of three years from the issuance date of the student license and shall be open to the inspection of the department during business hours and at all other reasonable times.
(d) All records of the authorized driving school relating to the physical or mental condition of any student license applicant or student licensee are for the confidential use of the authorized driving school maintaining the records or the department and are not open to public inspection.



Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.


s 344.34. Notice and Hearing.
(a) Every driving school disapproved by the department to issue student licenses shall be entitled to a hearing upon demand in writing submitted to the department within 60 days after notice of disapproval.
(b) Every driving school authorized by the department to issue student licenses is entitled to a notice and hearing prior to removal from the student license program by the department.
(1) The department may, pending a hearing, temporarily remove the authorization of any driving school to issue student licenses for a period not to exceed 30 days if the director of the department finds that the action is required in the public interest.
(c) The notice and hearing shall be pursuant to and governed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.



Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12660 and 12661, Vehicle Code.


s 345.02. Traffic Violator School Owner.
(a) A traffic violator school owner shall be licensed by the department before engaging and/or continuing to engage in any traffic violator school classroom instructional activities. To obtain an owner license an applicant shall:
(1) Meet all of the requirements of Vehicle Code Section 11202.
(2) Meet all of the application requirements pursuant to this section.
(b) A traffic violator school owner shall be licensed as a traffic violator school operator before performing any of the operator duties described in Section 345.04(d), except under the emergency provisions described in Section 345.05.
(c) A traffic violator school owner shall be licensed as a traffic violator school instructor before performing any of the classroom instructional services described in Section 345.06(d).
(d) Any individual, partnership, corporation, public school, or other public agency may apply to the department to be licensed as a traffic violator school by submitting a completed application to the department. A completed application shall be submitted in two parts. Part I shall be submitted to the headquarters office of the department with payment of a nonrefundable application fee of $150 and shall contain the following:
(1) Form OL 760 (Rev 4/94), Application For Traffic Violator School (TVS) Owner License: Part I. The application form shall contain the following information:
(A) Information as to the type of entity making the application: corporation; partnership; sole proprietorship; public adult school, community college; or other public agency.
(B) The proposed business name(s) under which the school will do business, DBA (doing business as). The department shall not approve a name which exceeds 35 spaces; which is so similar to an existing school names so as to cause confusion to the public, courts or the department; which includes punctuation marks, symbols or letters which are not used in accordance with standard accepted practices of English; or which is configured in such a manner as to give an obvious unfair business advantage on a traffic violator school classroom listing. The department shall not approve more than two names for any traffic violator school. The department shall reserve the proposed name(s), as approved, for a period of one year from the application date.
(C) The proposed business address and telephone number, if known, at the time of application.
(D) Information specific to the type of business entity. If a corporation, the corporate name if different from the DBA name, the California corporation number and the name, driver license number and residence address of each principal officer, board member and any stockholders who are active in the management, direction or control of the corporation. If a partnership, the partnership name if different from the DBA name, and the name, driver license number and residence address of each general partner. If a sole proprietorship, the name, driver license number, residence address and residence telephone number of the sole owner. If a public school or other public educational institution, the name of the school district, the name of the school if different from the DBA name, and the name, driver license number and residence address of the administrator who will be in charge of the traffic violator school operation. If another public agency, the name of the public agency, if different from the DBA name, and the name and telephone number of the administrator for the public agency who will be in charge of the traffic violator school operation.
(E) The names and addresses of any other traffic violator, driving, or mature driver schools owned or operated by any individual, partnership, or corporation applying for ownership on the application.
(F) A statement by the applicant, signed under penalty of perjury, that all statements made in Part I of the application and all attachments to the application are true and correct.
(2) Form OL 29 (Rev 3/94), Application For Occupational License (Part B) Personal History Questionaire, completed pursuant to Section 345.68 by each individual applying for ownership or as an administrator on the application. For partnerships, this requirement extends to all general partners. For corporations, this requirement extends to all principal officers, board members and stockholders active in the management, direction or control of the corporation. Also for corporations, form OL 754 (Rev 8/91), Certificate For All Individuals Listed On Corporate Structure, shall accompany the Personal History Questionaire and shall contain: the corporation name; the business name (DBA) of the traffic violator school; information that the individual is a corporate officer, a board member, or principal stockholder; and the individual's signature and the date of signature.
(3) One fingerprint card, completed pursuant to Section 345.72, for each individual who completed a Personal History Questionaire.
(4) Payment of a fingerprint processing fee, as described in Vehicle Code Section 1668(b), for each applicant.
(5) A lesson plan, pursuant to Sections 345.30 and 345.34, for approval by the department. Part I of the application shall not be considered complete until the submitted lesson plan has been approved by the department as specified in Section 345.34, Lesson Plan Requirements. If the department determines after evaluation that a proposed course curriculum does not meet department standards for approval, the applicant shall be notified of the reasons the course curriculum was not approved.
(A) The applicant may submit a revised course curriculum two times for further evaluation. If, after the second revision is evaluated, the curriculum is not approved, the entire application shall be disapproved.
(B) Any applicant whose application is disapproved as the result of disapproval of the curriculum may reapply at any time by filing a new original application and fee for owner license.
(e) The department shall notify the applicant when Part I of the application is complete and shall provide the forms required to complete Part II of the application. Part II of the application shall be submitted to any department field investigation district office and contain the following:
(1) Form OL 713 (Rev 3/92), Application for Traffic Violator School (TVS) Owner License: Part II, which shall contain the following information:
(A) Name of individual, partnership, corporation, public school, or public agency.
(B) School name (DBA) and telephone number.
(C) Business office address.
(D) Mailing address of school, if different from the business address. A mailing address different from the school's primary business address will only be recognized and used by the department if certification from the post office that mail can not be delivered to the business address is submitted with the application.
(E) Office hours and days office will be open.
(F) The date by which the office will be operational.
(G)Whether a classroom will be operated at the business-office site and, if yes, the judicial district in which the classroom is located.
(H) If the business site is leased or rented, the property owner's name, address and telephone number and a copy of the lease or rental agreement.
(I) The name, address and telephone number of the bank where the business account is carried, the name(s) of persons authorized to draw funds or issue checks from the account and, if the account is not carried under the school's DBA name, the name(s) under which the account is carried.
(J) A statement, signed under penalty of perjury, certifying to the ownership structure of the business, signed by each individual named in Part I of the application, except that, for a corporation, it shall be signed and the corporate seal affixed by a corporate officer authorized to sign for the corporation.
(K) A certification statement by the applicant, signed under penalty of perjury, that all information provided in Part II of the application and all attachments to the application are true and correct.
(2) A surety bond or alternate security as specified in Sections 345.65 or 345.66, except as provided in Vehicle Code Section 11202(c), regarding public schools or other public agencies.
(3) Form OL751 (Rev 7/93), Application For Traffic Violator School (TVS) Operator License, completed pursuant to Section 345.04, or form OL 755 (Rev 4/93), Application for Change, completed pursuant to Section 345.22(b). An owner's license shall not be issued until the department determines that the applicant for operator meets the requirements for licensure.
(4) Form OL 712 (Rev 3/94), Traffic Violator School Branch Business Office/Classroom Application, pursuant to Section 345.15, for each proposed branch business office and each proposed classroom and payment of a $70.00 nonrefundable fee for each branch business office and for each classroom which is located at a site other than that of the proposed principal business office or proposed branch business office.
(5) For any classroom which is located in a facility not owned by the applicant, a copy of the lease or rental agreement specific to the applicant school, but DBA, shall accompany the application.
(6) A completed application for at least one instructor filed in accordance with Section 345.06, 345.13, or 345.26(b), whichever is applicable, or at least one completed Certification/Deletion of Public School Instructor, OL 609 (Rev 6/93), pursuant to Section 345.29, if the school is operated by a public school. A owner's license shall not be issued until the department determines that at least one applicant for instructor meets the requirements for licensure or until the department determines that one instructor for a public school meets the requirements of Section 345.29.
(7) Form(s) OL 612 (Rev 8/92), Request For Court Approval Of Traffic Violator School (TVS) Name For Addition To TVS Classroom Location List or form(s) OL 611 (Rev 8/92), Request For Court Approval Of Substitute Traffic Violator School Name, for each judicial district in which the school will be holding classes. The school shall be listed on the TVS Classroom Location List only in those judicial districts for which the school name has been court approved. Each form, either OL 612 or OL 611, shall contain the following information:
(A) School name, license number (if known), judicial district, school owner's name, school business address, school daytime telephone number, the owner's signature and the date the owner signed the form.
(B) The court's approval for use of the school name in the judicial district and the name of the judicial district, the county in which the judicial district is located, the court code for the judicial district, the signature of the judge/court administrator who formalizes the approval and the date the approval is signed.
(C) The OL 611 shall also contain the school name previously disapproved by the court.
(8) A Certificate of Appointment, Form OL 602 (Rev 4/91), completed pursuant to Section 345.67.
(f) Part II of the application shall not be considered complete until the primary business site and at least one classroom site have been approved by the department as specified in Section 345.74.
(g) Upon completion of Parts I and II of the application, the department may issue a temporary operating permit pursuant to Vehicle Code Section 11210, pending completion of the department's evaluation of the background and qualifications of the applicant, provided there is no apparent reason for refusal of the license.
(h) When the department determines that the applicant meets all qualifications for issuance of a license, it shall issue initial owner and operator licenses each valid for one year from the date the temporary operating permit was issued, if issued, or one year from the date of issuance, if no temporary operating permit was issued.
(i) If the department determines that the applicant is not qualified pursuant to any applicable statute or code, the department shall notify the applicant in writing that the license is refused. The notice of refusal shall include:
(1) The reason or basis for refusal.
(2) Information regarding the applicant's right to a hearing pursuant to Vehicle Code Section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled, upon receipt of the notice.
(j) An original traffic violator school owner license shall be valid for a period of one year. A renewal license may be issued for a period of up to two years, as described in Section 345.16(a), unless canceled, suspended or revoked by the department.



Note: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 626, 626.2, 626.4, 626.6, 626.8, 1668(b), 1671, 11200, 11202, 11202.5, 11204, 11206, 11208, 11210 and 11211, Vehicle Code.


s 345.04. Traffic Violator School Operator.
(a) A traffic violator school operator shall meet the requirements of Vehicle Code Section 11202.5 and be licensed by the department before engaging in the administration or other business activities of a traffic violator school, except as provided in Vehicle Code Section 11202(d), relating to public schools. As used in Vehicle Code Section 11202.5(a)(4), the term "bona fide labor organization" means an association, corporation, partnership, federation, or other organization of any kind, or an agency or employee representation committee or plan:
(1) in which employees of an employer participate or have the right to participate;
(2) which is concerned with workplace grievances, labor disputes, wages, benefits, rates of pay, hours of employment, or conditions of work;
(3) which exists in whole or in part to accomplish any or all of such purposes through employee representation or collective bargaining; and
(4) which is, or is affiliated with, a local, state, or national organization or federation recognized by any local, state, or federal governmental agency to accomplish any or all of such purposes.
(b) A traffic violator school operator license authorizes the licensee to perform operator services only for the specific school named on the license.
(c) A traffic violator school operator may perform operator services for more than one school; however, the operator shall possess a valid license for each school and all of the affected schools shall be fully aware of the multiple school arrangement, as described in Section 345.11.
(d) A traffic violator school operator shall play a major role in the operation of the school. An operator's duties shall include, but not be limited to: hiring, training and performance appraisal of instructors; scheduling classes; ensuring that all classes conducted are consistent with the school's approved curriculum; maintenance of the school's business records; and general operations of the traffic violator school.
(e) A traffic violator school operator shall be licensed as a traffic violator school instructor before performing any of the classroom instructional services described in 345.06(d).
(f) Any individual who qualifies as an operator pursuant to Vehicle Code Section 11202.5 may apply to be licensed by the department as an operator by filing a completed application with the department at any field investigation district office.
(g) An original operator license shall be issued to expire in conjunction with the school owner's license. It shall be termed so that the expiration date of the operator license shall be the same date and month as the owner license and so that the expiration date shall not be more than 24 months from the date of application.
(h) A completed application shall contain:
(1) A nonrefundable application fee which is based on the number of months for which the license will be issued, as follows:
(A) If the license will be valid for 12 months, the application fee is $100.00.
(B) If the license will be valid for 13 to 15 months, the application fee is $112.50.
(C) If the license will be valid for 16 to 18 months, the application fee is $125.00.
(D) If the license will be valid for 19 to 21 months, the application fee is $137.50.
(E) If the license will be valid for 22 to 24 months, the application fee is $150.00.
(F) If the operator application is part of an original owner's application, the fee shall be $100.00. The expiration date shall be the same as the first expiration date of the owner's license.
(2) An Application for Traffic Violator School (TVS) Operator License, form OL 751 (Rev 7/93). This application shall contain the following information:
(A) The name, residence address, and daytime telephone number of the applicant.
(B) The employing school's name, address, telephone number and office hours.
(C) The name of the school owner.
(D) A statement, signed by the applicant under penalty of perjury, certifying to age and completion of teaching experience pursuant to Vehicle Code Section 11202.5(a)(3) and (4) and that all of the information contained on the application is true and correct.
(E) A statement, signed by the owner, certifying that the school intends to employ the applicant as school operator when the applicant is licensed.
(3) A Personal History Questionnaire completed by the applicant pursuant to Section 345.68.
(4) One set of fingerprints pursuant to Section 345.72 and payment of a fingerprint processing fee, as described in Vehicle Code Section 1668(b).
(5) Evidence from an investigation field office that the written examination was passed pursuant to Vehicle Code Section 11202.5(a)(2) within three attempts. However, for any application for an additional operator license the examination requirements shall be waived if the applicant has passed the examination within twenty-four (24) months of submission of the application.
(A) The operator examination shall be administered by the department at any field investigation district office of the department. The operator examination shall consist of 35 questions. A score of 30 or more correct answers shall be passing.
(B) Any applicant who fails to pass the written examination shall be required to wait at least one week before another examination is administered.
(C) An applicant shall be provided the opportunity to review the written examination taken after it has been corrected, but the review shall be in the presence of a department employee, and the applicant shall not copy or otherwise reproduce the examination form or any of the questions on the examination form in any manner.
(i) When the application is complete, the department shall issue a temporary permit valid for a maximum of 120 days, pending department evaluation of the applicant provided that:
(1) There is no apparent reason for the application to be refused or disapproved.
(2) The employing school is currently licensed. If the employing school has not yet been licensed, the operator's application shall not be considered complete until the owner's permit or license is issued and the operator's temporary permit or license shall not be issued until the owner's permit or license is issued.
(j) If the department determines that the applicant is not qualified pursuant to any applicable code or statute, the department shall notify the applicant in writing that the license shall be refused. The notice of refusal shall include:
(1) The reason or basis for the refusal to issue.
(2) Information regarding the applicant's right to a hearing upon demand, pursuant to Vehicle Code Section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled, upon receipt of the notice.
(k) Following the final review of the application, a permanent license and identification card shall be issued to all applicants who meet the requirements for licensure. The operator license shall be maintained at the school business office; the identification card shall be used for identification purposes by the operator. A traffic violator school operator license, when issued, is valid for up to two years, as described in Section 345.04(g), unless suspended or revoked by the department.



Note: Authority cited: Sections 1651, 1665 and 11202(a)(2), Vehicle Code. Reference: Sections 626.6, 11200, 11202.5, 11204, 11206, 11208, 11210 and 11211, Vehicle Code.


s 345.05. Replacement of a School Operator.
A traffic violator school shall have only one operator licensed at any one time. If a traffic violator school's operator ceases to be licensed, or employment as the school operator is otherwise terminated, the school shall have thirty (30) days to comply with Vehicle Code Section 11202.5 by licensing a new operator. The department may authorize the owner to act as the school's operator for a period not to exceed 30 days. A traffic violator school shall change operators by:
(a) Notifying the headquarters office of the department in writing, within one business day following the occurrence of the vacancy, specifying the effective date of the vacancy.
(b) Surrendering the operator license of the former operator.
(c) Having a proposed new operator file an application, pursuant to Section 345.04, 345.11 or 345.22, and receive a temporary permit.



Note: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: Sections 626.6, 11202.5 and 11208, Vehicle Code.


s 345.06. Traffic Violator School Instructor.
(a) A traffic violator school instructor shall meet the requirements of Vehicle Code Section 11206 and be licensed by the department before engaging in traffic violator school instruction, except as provided in Section 11206(c) of the Vehicle Code.
(b) A traffic violator school instructor license authorizes the licensee to perform instructional services only for the specific school named on the license.
(c) A traffic violator school instructor may perform instructional services for more than one school; however, all of the affected schools, including public schools or agencies, shall be fully aware of each school employing the instructor and the instructor shall possess a valid license for each school, except as provided in Section 11206(c) of the Vehicle Code.
(d) In addition to instructional services, a traffic violator school instructor, including public school instructors, shall perform the following:
(1) Ensure that the classroom standards described in Section 345.38 are maintained at all times during the entire course.
(2) Post all signs required by the department (Section 345.39(g) and (i), and Section 11202(e) of the Vehicle Code) in each classroom prior to commencing instruction.
(3) Maintain evidence of licensure at all times while performing instructional services. Possession of the instructor identification card, described in Section 345.06(g), shall be sufficient to meet this requirement.
(4) Follow the school's departmental approved lesson plan at all times while conducting the class.
(e) Any individual who qualifies as an instructor pursuant to Vehicle Code Section 11206 may apply to be licensed by the department as an instructor by filing a completed application with the department at any designated field office of the department. A list of designated offices can be obtained from the headquarters office of the department. A completed application shall contain:
(1) A nonrefundable application fee of $30 and a $1 Family Support Program fee under California Family Code Section 17520 for a total of $31.
(2) An Application for Traffic Violator School (TVS) Instructor License, form OL 710 (Rev. 8/2005). This application shall contain the following information:
(A) The type of application, whether the application is for an Original, Additional or Reinstatement license.
(B) The true full name, mailing address and residence address of the applicant. If the applicant is requesting an additional license, the current Traffic Violator School instructor license number shall be provided.
(C) The applicant's driver license number and expiration date.
(D) The applicant's physical description. This description shall contain the color hair, color eyes, height, weight, birthdate, and sex of the applicant.
(E) The employing school's name (DBA), address, and school license number.
(F) For Original and Reinstatement applications, a statement dated and signed under penalty of perjury under the laws of the State of California certifying that the person signing the form is the owner, operator, or designated representative of the Traffic Violator School pursuant to Title 13, Section 345.54 that will be employing the licensee named in the form, and that the licensee named in the form has been administered and successfully passed a written examination in accordance with Section 345.07 of Title 13 of the California Code of Regulations and Vehicle Code section 11206.
(G) A statement, dated and signed under penalty of perjury under the laws of the State of California by the owner or operator, certifying that the school intends to employ the applicant as an instructor when the applicant is licensed; the city and state where the signature is executed; and an indication of whether the signature is of the owner or operator.
(H) A statement by the applicant dated and signed under penalty of perjury under the laws of the State of California that the foregoing information in the form is true and correct, and the city and state where the signature is executed.
(3) A Personal History Questionnaire completed by the applicant pursuant to Section 345.68, of Title 13 of the California Code of Regulations.
(4) One fingerprint card completed by the applicant pursuant to Section 345.72 and payment of a fingerprint-processing fee, as described in Vehicle Code Section 1668(b), for each applicant.
(f) When the application is complete, the department shall issue a temporary permit pursuant to Vehicle Code Section 11210, pending final review of the application, provided that:
(1) There is no apparent reason for the application to be refused or disapproved.
(2) The employing school is currently licensed. If the employing school has not yet been licensed, the instructor's temporary permit or license shall be issued when the owner's permit or license is issued.
(g) Following the final review of the application, a license and an identification card shall be issued to all applicants who meet the requirements for licensure. An instructor license shall be maintained at the school business office and the identification card shall be in the possession of the instructor at all times while conducting classes. A traffic violator school instructor license, when issued, is valid for a period of three years from the date of issuance of the temporary permit or, if no permit is issued, from the date of issuance of the license, unless suspended or revoked by the department.
(h) If the department determines that the applicant is not qualified, pursuant to any applicable statute or code, the department shall notify the applicant in writing that the license is refused. The notice of refusal shall include:
(1) The reason or basis for the refusal.
(2) Information regarding the applicant's right to a hearing, pursuant to Vehicle Code Section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled upon receipt of the notice.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code; and Section 17520, Family Code. Reference: Sections 626.4, 11200, 11206, 11206.5, 11207, 11208, 11210 and 11211, Vehicle Code; and Section 17520, Family Code.


s 345.07. Traffic Violator School Instructor Examination Requirements.
(a) The instructor examination shall be administered by the employing Traffic Violator School owner, operator or designated representative pursuant to Section 345.54 of these regulations.
(b) The instructor examination shall consist of 50 questions provided by the department. To pass the examination, the applicant must have 40 or more correct answers.
(c) An applicant who fails the examination shall be provided the opportunity to review the written examination, with the examiner, after it has been corrected. Another examination may be administered the same day or on another day.
(d) The Traffic Violator School owner, operator or designated representative shall retain the examination taken by the student for 3 years.
(e) The Traffic Violator School owner, operator or designated representative shall take steps to secure the examination questions and shall not allow the questions to be copied or otherwise reproduced in any manner except as required to administer the examination.
(f) The examination questions are for use solely by the Traffic Violator School for the administration of the instructor examination and shall not be distributed or shared with any other person.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11206, Vehicle Code.


s 345.08. Traffic Violator School Business Office and Branch Business Office.
A traffic violator school business office, referred to as the primary business office if a school has one or more branch business offices, does not require separate licensure; however, issuance of a traffic violator school owner license is dependent upon the business office meeting the following requirements:
(a) The primary business office shall meet the requirements of Vehicle Code Sections 1671(a), 11202(a)(1) and 11202(e); Section 345.50 of these regulations; all other applicable provisions of the Vehicle Code; and all other applicable federal, state and local laws, ordinances and rules.
(b) Each branch business office shall meet the same requirements as the primary business office, except that the school's business records, as described in Section 345.56, shall be maintained at the primary business office. Branch records shall be transferred to the primary business office no later than thirty (30) days following the creation of the records.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 320, 1671(a), 11202(a)(2), 11208(a)(2), 11212(b), 11213(b) and 11214, Vehicle Code.


s 345.09. Traffic Violator School Classroom.
(a) A traffic violator classroom shall meet the minimum requirements of Section 345.38 and shall be approved by the department before being used for traffic violator school instruction.
(b) Approval for using a classroom shall be withdrawn if the minimum requirements of Section 345.38 are not maintained.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 626.2, 11202(a)(4) and 11219, Vehicle Code.


s 345.10. Authorized Signatures.



Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11213, Vehicle Code.


s 345.11. Additional Operator License.
An operator shall be licensed separately for each school by which he/she is employed in the capacity of operator. To be licensed for an additional school, the operator shall meet all requirements for an original license pursuant to Section 345.04, except for submission of a fingerprint card. In addition to meeting the requirements for an original license pursuant to Section 345.04, the applicant shall submit:
(a) A letter of acknowledgment from each of the affected schools with the application. A letter of acknowledgment shall be signed by the owner and shall contain the following information:
(1) The school name and license number.
(2) The operator's name.
(3) The name(s) of the other school(s) which will employ the operator.
(4) A statement acknowledging that the operator will be licensed and employed as an operator for the school(s) listed.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219 Vehicle Code. Reference: Sections 11202.5 and 11208, Vehicle Code.


s 345.13. Additional Instructor License.
An instructor shall be licensed separately for each school by which he is employed in the capacity of instructor, except as provided for in Section 11206(c) of the Vehicle Code. To be licensed for an additional school, the instructor shall meet all the requirements for an original license pursuant to Section 345.06, except for submission of a fingerprint card. In addition to meeting the requirements of Section 345.06, the applicant shall:
(a) Submit a letter of acknowledgment from each of the affected schools with the application. A letter of acknowledgment shall be signed by the owner, operator, administrator for a public school or agency, or other designated representative and shall contain:
(1) The school name and license number.
(2) The instructor's name.
(3) The names of the other school(s) which will employ the instructor.
(4) A statement acknowledging that the instructor will be employed as an instructor for the school(s) listed.
(b) Pass a written examination pursuant to Section 345.06(e)(5). This requirement may be waived, provided that the applicant has passed the examination in the previous three years, or has submitted evidence of department approved continuing education pursuant to Section 345.24 in the previous three years.



Note: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11206, 11207 and 11208, Vehicle Code.


s 345.15. Additional Branch Offices and Classroom Locations.
(a) A traffic violator school owner may apply to the department at any field investigation district office to add branch business offices or classroom locations by submitting the following for each location:
(1) Traffic Violator School Branch Business Office/Classroom Application, form OL 712 (Rev 10/94), which shall contain the following information:
(A) Traffic violator school name, license number, address and business phone number.
(B) New classroom address or new branch business office and, if a new classroom, the telephone number to be shown on the department's classroom listing. The telephone number shall be operational at the time of application.
(C) Name of county or judicial district in which the new classroom or branch office is located and, if the judicial district is one in which the school does not now operate, the court's approval for use of the school name in the new judicial district, on form OL 612 (Rev 8/92), Request For Court Approval Of Traffic Violator School (TVS) Name For Addition to TVS Classroom Location List, or on form OL 611 (Rev 8/92), Request For Court Approval Of Substitute Traffic Violator School Name, as described in Section 345.02(e)(7).
(D) If location is rented or leased: the property owner's name, address and daytime telephone number; the type of facility; and a contact person's name at the facility and the contact person's daytime telephone number.
(E) The proposed date for starting classes.
(F) Self certification information for a new classroom regarding: exclusive use, lighting, seating and writing facilities, square footage, maximum occupancy, maximum seating capacity, accessibility to students of disability, accessibility of restrooms, accessibility of parking or public transportation, consumption or advertising of alcohol on the premises, and distance from a court.
(G) City and state in which the form is executed and date of execution.
(H) A statement signed under penalty of perjury by the owner, operator or authorized representative that the facility meets all safety regulations and requirements of state law and local ordinances.
(2) A copy of a lease or rental agreement.
(3) A nonrefundable application fee of $70.
(b) The department shall notify the owner of the approval or disapproval of the application subsequent to the inspection of the location pursuant to Section 345.74.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 626.2, 11208 and 11213, Vehicle Code.


s 345.16. Renewal of Owner License.
(a) An original traffic violator school owner license shall expire one year from the date of issuance.
(b) Branch business office and classroom licenses for each school expire at the same time as the owner license, regardless of the application dates for the branch and classrooms. These licenses shall be renewed in conjunction with renewal of the owner's license.
(c) An owner shall apply to the department at its headquarters office before the expiration date of the current license to renew the owner license by submitting the following:
(1) An Application for Renewal of Traffic Violator School (TVS) Owner License, form OL 701 (Rev 2/94). This application shall contain the following information:
(A) A designation as to whether the type of ownership structure is sole proprietor, partnership, corporation, public school or other public agency.
(B) The names, social security numbers, titles, and residence address of all owners, partners, principle corporate officers, board members, and stockholders active in the management, direction or control of the corporation and public school or public agency administrators.
(C) Whether any individual listed as an owner pursuant to Section 345.02 has been convicted of any crime, misdemeanor or felony, since the expiring license was issued by the department.
(D) A statement, signed under penalty of perjury by the owner or administrator if a public school or agency, certifying that the information on the application is true and correct.
(2) An Application for Renewal of Traffic Violator School (TVS) Branch/Classroom Locations, form OL 737 (Rev 2/94). This application shall contain the following:
(A) The traffic violator school's name and license number.
(B) The traffic violator school's business office address and telephone number.
(C) Whether classroom instruction is given at the business address.
(D) The street address and judicial district for each branch business office and for each classroom location to be renewed.
(E) A statement, signed under penalty of perjury, by the owner or the administrator if a public school or agency, certifying that the classroom/branch locations shown are true and correct.
(d) Renewal applications submitted on or after the expiration date of the owner's license shall not be accepted or processed. An owner whose license has expired shall comply with all original licensing requirements prior to being relicensed by the department.



Note: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle Code. Reference: 42 U.S.C. 405; Section 11350.6, Welfare and Institutions Code; and Sections 626.8, 11204 and 11209, Vehicle Code.


s 345.17. Duplicate Owner License.
To replace a lost, stolen, or mutilated owner license, or identification card, the owner shall submit to the department a nonrefundable fee of $15 and an Application For Traffic Violator School Change of DBA, Additional DBA, Change of Business Address or Duplicate License, form OL 736 (Rev 2/94), completed to contain the following information:
(a) The owner's name.
(b) The school's current DBA name, TVS license number and business telephone number.
(c) The date the license or identification card was lost, stolen or mutilated.
(d) Whether the license or identification card was lost, stolen or mutilated.
(e) Whether the lost, stolen or mutilated document was the license, the identification card, or both.
(f) A statement, signed under penalty of perjury by the applicant, that the information on the application is true and correct.



Note: Authority cited: Sections 1651, 11202(a)(2), 11208(a)(4) and 11219, Vehicle Code. Reference: Sections 11208(a)(4), Vehicle Code.


s 345.18. Changes to Owner License.
(a) A traffic violator school may apply to change its business name (DBA) or add a DBA as follows:
(1) Submit, to the headquarters office of the department, a written request for name approval. A business name is subject to department approval pursuant to Section 345.02(d)(1)(B).
(2) If the proposed name is approved by the department, the department shall notify the school within ten (10) days following approval or disapproval of the proposed name. The department shall reserve the proposed name as approved for the school for a period of one year from the date of request for approval.
(3) After receipt of department approval of the proposed name, the traffic violator school shall submit, to the headquarters office of the department, the following:
(A) An Application For Traffic Violator School Change of DBA, Additional DBA or Change of Business Address, form OL 736 (Rev 2/94), which shall contain the owner's name(s), the proposed business name and judicial districts for which the name will be used, the telephone number of the school's primary business office, and the traffic violator school license number. The application shall also contain a statement, signed under penalty of perjury by the owner or administrator if a public school or agency certifying that the information contained on the application is true and correct.
(B) A rider to the traffic violator school's bond filed pursuant to Vehicle Code Section 11202(a)(3), reflecting the new or additional business name.
(C) A nonrefundable application fee of $70, except that there shall be no fee to change a school business name for a licensed school if evidence is submitted with the application that the existing name was disapproved by a court pursuant to Vehicle Code Section 11205(d).
(D) Form(s) OL 612 (Rev 8/92) or form(s) OL 611 (Rev 8/92) pursuant to Section 345.02(e)(7).
(4) The school shall continue to do business under its current name until notified in writing by the department that the application has been approved and until the license reflecting the new name is received from the department.
(5) If a change of DBA is approved by the department, the revised license shall not be sent to the school unless the new TVS Classroom Location List reflecting the new DBA is sent to the courts. if the school is adding a DBA, the revised license will be sent to the school when the application is complete and approved.
(6) Within 30 days of receipt of the new owner license, the school operator and all licensed instructors employed by the school shall apply to the department to change the school name on their licenses to reflect the new school name, pursuant to Sections 345.22(a) and 345.26(a).
(7) Any operator or instructor who fails to make application in the new school name within the prescribed thirty (30) day period will be considered to be unlicensed and unable to perform operator or instructor duties until a new license is obtained.
(b) A traffic violator school may apply to change its primary business location as follows:
(1) Submit, to any field investigation district office of the department, a nonrefundable fee of $70 and an Application For Traffic Violator School Change of DBA, Additional DBA or Change of Business Address, form OL 736 (Rev 2/94), which shall contain the following information:
(A) The owner's name(s).
(B) The school name.
(C) Telephone number of the school's primary business office.
(D) The traffic violator school's license number.
(E) The new street address of the business office.
(F) The new mailing address of the business office if different from the street address. A mailing address different from the school's primary business address shall only be recognized and used by the department if certification from the post office that mail can not be delivered to the business address is included with the application.
(G) Former business address.
(H) If the school does not own the property, the name and telephone number of the property owner.
(I) Whether classroom instruction will be offered at this location.
(J) The date that the location will be operationally complete and ready for inspection pursuant to Section 345.74.
(K) Copy of lease or rental agreement.
(L) A certification, signed under penalty of perjury, by the owner or other authorized individual, that the information contained on the application is true and correct to the best of his or her knowledge.
(2) The department shall notify the applicant in writing when the location is approved for use or disapproved pursuant to Section 345.74.
(c) A traffic violator school shall notify the department within 10 days of any change in corporate officer structure by submitting, to the headquarters office of the department, a $70 nonrefundable application fee, a personal history questionnaire for each officer and/or director being added to the corporate structure pursuant to Section 345.68, one set of fingerprints for each officer and/or director being added to the corporate structure pursuant to Section 345.72, and payment of a fingerprint processing fee as described in Vehicle Code Section 1668(b), for each applicant, and either:
(1) A certified copy of the corporate minutes reflecting the change or
(2) A Certification of Corporate Officers and/or Directors of Lieu of Corporate Minutes, form OL 15 (Rev 5/94), which shall contain the following information:
(A) The name of the corporation's secretary, the name of the corporation and the state in which incorporated.
(B) A list of all officers and/or directors being deleted from the corporate structure.
(C) A list of all officers and/or directors being added to the corporate structure.
(D) A current list of the officer and/or directors in the corporate structure.
(E) The effective date of the change(s).
(F) The business telephone number.
(G) A certification that the information contained on the OL 15 is true and correct, signed and dated by the secretary for the corporation.
(d) A traffic violator school shall notify the department in writing at its headquarters of any other changes to the information contained on the Application for Traffic Violator School (TVS) Owner License or of any change of telephone numbers within 10 days of the change.



Note: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11204, 11208 and 11213, Vehicle Code.


s 345.20. Renewal of Operator License.
(a) The term of a renewal license shall be two (2) years and the renewal fee shall be $100.00, unless the department notifies the operator at least sixty (60) days prior to renewal that the renewal license shall be issued for a term of less than two (2) years to align the expiration dates of the owner and operator licenses. The nonrefundable fee for renewal for any period less than two (2) years is as follows:
(1) $50.00 if the license is termed to expire in 12 months.
(2) $62.50 if the license is termed to expire 13 to 15 months.
(3) $75.00 if the license is termed to expire 16 to 18 months.
(4) $87.50 if the license is termed to expire 19 to 21 months.
(5) $100.00 if the license is termed to expire 22 to 24 months.
(b) An operator shall renew the operator license by submitting, to any field investigations office of the department, appropriate fees and an Application for Renewal of Traffic Violator School Operator License, form OL 756 (Rev 2/94). This application shall contain the following information: (continued)