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(continued)
(1) The name, address, driver license number, social security number, and daytime telephone number of the applicant.
(2) The employing school's name and license number.
(3) Whether the applicant has been convicted, fined, or placed on probation for any crime, misdemeanor or felony, since issuance of the last license.
(4) A statement, signed under penalty of perjury by the applicant, certifying that the information contained on the application is true and correct.
(5) A statement, signed under penalty of perjury by the school owner, certifying that the applicant shall be employed by the school as operator.
(6) Evidence from an investigation filed office that the written examination was passed as required by Section 11202.5(a)(2) of the Vehicle Code, unless the operator has passed the written examination within the past 24 months.
(c) Renewal applications submitted on or after the expiration date of the operator license shall not be accepted or processed. An operator whose license has expired shall comply with all original licensing requirements as described in Section 345.04 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 626.6, 11202.5, 11204 and 11208, Vehicle Code.


s 345.21. Duplicate Operator License.
To replace a lost, stolen, or mutilated operator license, or identification card, the operator shall submit to the department a nonrefundable fee of $15 and an Application For Change: TVS Operator License Change, form OL 755 (Rev 4/93), completed to contain the following information:
(a) The name, residence address, and daytime telephone number of the operator.
(b) The operator's driver license number.
(c) The operator's license number and expiration date of the license.
(d) The date the license or identification card was lost, stolen or mutilated.
(e) The license number of the traffic violator school for which the license was issued.
(f) Whether the license or identification card was lost, stolen or mutilated.
(g) Whether the lost, stolen or mutilated document was the license, the identification card, or both.
(h) A statement, signed by the applicant under penalty of perjury, that the information on the application is true and correct.



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


s 345.22. Changes to Operator License.
A request for change to an operator license shall be submitted to an investigation field office of the department, as follows:
(a) When a traffic violator school changes its business name, or adds a DBA, the school operator's license shall also be changed to reflect the new business name. To change the school name on an operator license, the operator shall submit the current operator license and an Application For Change: TVS Operator License, form OL 755 (Rev 4/93) along with a nonrefundable fee of $15, except that there shall be no fee if the existing name was disapproved by a court pursuant to Section 11205(h) of the Vehicle Code. For a change of school name, the application shall contain the following information:
(1) The name, residence address and daytime telephone number of the operator.
(2) The operator's driver license number.
(3) The operator's license number and expiration date of the license.
(4) The new school name.
(5) The school's license number and current address.
(6) The former school name.
(7) A statement, signed by the applicant under penalty of perjury, that the information on the application is true and correct.
(b) An operator may transfer his operator license to another school by submitting to the department:
(1) The current identification card.
(2) An Application For Change: TVS Operator License, form OL 755 (Rev 4/93), which shall contain the following information:
(A) The name, residence address, and telephone number of the operator.
(B) The operator's driver license number.
(C) The operator's license number and expiration date of the license.
(D) The name, license number, and address of the new school.
(E) The name and license number of the former school.
(F) A statement, signed by the owner or other designated representative of the new school, requesting the department to issue the operator a license for the new school.
(G) A statement, signed by the applicant under penalty of perjury, that the information on the application is true and correct.
(3) A nonrefundable transfer fee based on the expiration date of the new license. The expiration date of a transferred operator license shall be changed to coincide with the new school's owner license expiration. In the event that this change would extend the expiration date of the existing operator license more than 12 months, or results in an expiration date more than 24 months from the issuance of the original or renewal license; the operator shall be required to renew the license in addition to the transfer. The transfer fee in such cases shall be $15.00 plus a fee pursuant to Section 345.20 for renewal. The fee for transfer of an operator license shall be $15.00 if the new license shall expire than than 30 days after the expiration date of the license being surrendered for transfer or if the new license shall expire before the license being surrendered. If the new license issued expires 30 days or more after the prior expiration date, the fee for transfer shall be $15.00 plus a fee based on the number of months the term of the license is extended, as follows:
(A) If the new expiration date extends the term of the license for 30 days to 3 months, the additional fee shall be $12.50.
(B) If the new expiration date extends the term of the license for 4 months to 6 months, the additional fee shall be $25.00.
(C) If the new expiration date extends the term of the license for 7 months to 9 months, the additional fee shall be $37.50.
(D) If the new expiration date extends the term of the license for 10 months to 12 months, the additional fee shall be $50.00
(c) If an operator changes his or her name, the department shall issue an operator license in the new name. The operator shall submit an Application For Change: TVS Operator License, form OL 755 (Rev 4/93), and a nonrefundable $15 application fee to the department. The OL 755 shall contain the following information:
(1) The new name, residence address, and telephone number of the operator.
(2) The operator's driver license number.
(3) The operator's license number and expiration date of the license.
(4) The operator's name as currently shown in department records.
(5) The operator's former name.
(6) A statement, signed by the applicant under penalty of perjury, certifying that the information on the application is true and correct.



Note: Authority cited: Sections 1651, 1665, 11202(a)(2), and 11219, Vehicle Code. Reference: Sections 1665, 11202.5, 11208 and 11213, Vehicle Code.


s 345.23. Renewal of Instructor License.
(a) An instructor shall renew the instructor license by submitting a completed application to any specifically designated department field office before the expiration date of the current license. A list of designated offices is available at the department's headquarters office. A completed application shall consist of:
(1) A nonrefundable $30.00 application fee.
(2) An Application for Renewal of Traffic Violator School Instructor License, form OL 740 (Rev 2/94). This application shall contain the following information:
(A) The name, address, driver license number, driver license expiration date, social security number, and daytime telephone number of the applicant.
(B) The employing school's name and license number.
(C) Whether the applicant has been convicted, fined, or placed on probation for any crime, misdemeanor or felony, in the past three years.
(D) A statement, signed by the applicant under penalty of perjury, certifying that the information contained on the application is true and correct.
(E) A statement, signed by the school owner, operator or administrator under penalty of perjury, certifying that the applicant shall be employed by the school as an instructor.
(3) Evidence from a field office that a written examination was passed within three attempts pursuant to Vehicle Code Section 11206(a)(2), or evidence of continuing education pursuant to Section 345.24 or a statement that the applicant has passed a written examination within the past three years. Such statement shall be verified by the field office by calling the headquarters office of the department.
(b) Renewal applications submitted on or after the expiration date of the instructor license shall not be accepted or processed. An instructor whose license has expired shall comply with all original licensing requirements, as described in Section 345.06, prior to being licensed by the department.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: 42 U.S.C. 405; Section 11350.6, Welfare and Institutions Code; and Sections 11206, 11207 and 11208, Vehicle Code.


s 345.24. Continuing Professional Education.
(a) In lieu of a renewal examination every three-year period as provided in Section 11207(c)(2) of the Vehicle Code, the department shall accept either evidence of completion of a college level course in traffic safety, equivalent to two (2) semester units, or evidence of participation in traffic safety seminars, consisting of a minimum of eighteen hours, within the preceding three (3) years, as evidence of continuing professional education.
(b) In order to qualify a college level course for substitution for the written examination, the applicant shall submit the following directly to the department at its headquarters office no later than 60 days prior to the license expiration date:
(1) A copy of the college transcript or training certificate showing completion of the course to be qualified.
(2) A synopsis of the content of the course.
(3) The department shall advise the applicant in writing of either acceptance or rejection of the course within 15 days of receipt of the required documentation. If approved, the applicant shall submit the approval letter with the completed renewal application to any designated field office in accordance with Section 345.23(a)(3).
(c) In order for a course provider to qualify a traffic safety course or seminar for continuing education credits, the provider shall submit a request for approval in writing to the department at its headquarters office a minimum of 60 days prior to conducting the course. The request shall include the following:
(1) A description of the subject matter of the traffic safety course or seminar, by segment or class.
(2) The actual dates and times of each traffic safety course or seminar, including the duration of each segment, break and lunch period. Traffic safety courses or seminars shall be approved for credit towards the required 18 hours at the rate of one hour of credit per hour of actual traffic safety related instruction. No credit shall be allowed for instruction time spent on unrelated subject matter.
(3) The department will advise the provider in writing of the acceptance, partial acceptance or rejection of the course or seminar within 15 days of receipt of the required documentation.
(4) Upon completion of a qualifying course or seminar, a roster identifying the attendees shall be submitted to the department at its headquarters office by the course provider no later than the 10th day following the course completion date. The roster shall include a statement to be signed by the provider certifying under penalty of perjury that all attendees satisfactorily completed the designated number of hours of training.
(5) The provider of the training course shall also provide a document to each attendee which certifies that the individual completed an approved traffic safety related course which specifies the actual hours completed, the date(s) of the course, and names the specific segment(s) or class(es) completed. The applicant shall submit the completion certificate issued by the provider with the completed instructor renewal application to any designated field office in accordance with Section 345.23(a)(3).



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Section 11207(c)(2), Vehicle Code.


s 345.25. Duplicate Instructor License.
To replace a lost, stolen, or mutilated instructor license or identification card, the instructor shall submit to the department a nonrefundable fee of $15 and an Application For Change: TVS Instructor License, form OL 711 (Rev 6/93), completed to contain the following information:
(a) The name, residence address, and telephone number of the instructor.
(b) The instructor's driver license number and expiration date.
(c) The instructor's license number and expiration date of the licence.
(d) The date the license or identification card was lost, stolen or mutilated.
(e) The license number of the traffic violator school for which the license was issued.
(f) Whether the license or identification card was lost, stolen or mutilated.
(g) Whether the lost, stolen, or mutilated document was the wall license, identification card or both.
(h) 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) and 11219, Vehicle Code. Reference: Sections 11200, 11206, 11207 and 11208, Vehicle Code.


s 345.26. Changes to Instructor Licenses.
Any request for change to an instructor license shall be submitted to the headquarters office of the department as follows:
(a) When a traffic violator school changes its business name, or adds a DBA, the school's instructor licenses shall also be changed to reflect the new business name. To change the school name on an instructor license, the instructor shall submit to the department the current identification card, an Application For Change: TVS Instructor License, form OL 711 (Rev 6/93), and a nonrefundable fee of $15, except that there shall be no fee if the existing name was disapproved by a court pursuant to Section 11205(h) of the Vehicle Code. For a change of school name, the application shall contain the following information:
(1) The name, residence address and daytime telephone number of the instructor.
(2) The instructor's driver license number and expiration date.
(3) The instructor's license number and expiration date of the license.
(4) The new school name.
(5) The school's license number and current address.
(6) The former school name.
(7) A statement, signed by the applicant under penalty of perjury, that the information on the application is true and correct.
(b) An instructor may transfer his instructor license to another school for the remainder of the license term by submitting to the department a nonrefundable application fee of $15 along with the current identification card and an Application For Change: TVS Instructor License, form OL 711 (Rev 6/93), which contains the following:
(1) The name, residence address, and telephone number of the instructor.
(2) The instructor's driver licence number and expiration date.
(3) The instructor's license number and expiration date of the license.
(4) The name, license number, and address of the new school.
(5) The name and license number of the former school.
(6) A statement, signed under penalty of perjury by the owner or other designated representative of the new school, requesting the department to issue the instructor a license for the new school.
(7) A statement, signed by the applicant under penalty of perjury, that the information on the application is correct.
(c) If an instructor changes his or her name, the department shall issue an instructor license in the new name. The instructor shall submit the current identification card, an Application For Change: TVS Instructor License, form OL 711 (Rev 6/93), and a nonrefundable $15 application fee to the department. The OL 711 shall contain the following information:
(1) The new name, residence address, and telephone number of the instructor.
(2) The instructor's driver license number and expiration date.
(3) The instructor's license number and expiration date of the license.
(4) The instructor's former name.
(5) A statement, signed by the applicant under penalty of perjury, that the information on the application is true and correct .



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11200, 11206, 11207, 11208 and 11213, Vehicle Code.


s 345.27. Seasonal Closure of Public Schools.
A public school that offers traffic violator school classes shall not be required to comply with Section 345.40(b) regarding monthly submission of schedules, Section 340(e) regarding scheduling and offering a minimum of one class per location in a judicial district, or Section 345.50(a)(1) or (2) regarding minimum office hours, during the time that the entire public school is closed to the public provided that:
(a) the school offers classes only at the public school facility
(b) the school notifies the department of the closure 60 days in advance
(c) the school closure does not exceed two months in any twelve month period.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11213, 11215.5 and 11219, Vehicle Code.


s 345.28. Change of Administrator -Public Schools/Agencies.
When the administrator of a public school, other public educational institution or other public agency traffic violator school program changes, the school/agency shall report the change to the headquarters office of the department within five (5) business days of the change. The school/agency shall be allowed thirty (30) days to select a new administrator and have that administrator file an Application For Traffic Violator (TVS) Administrator Change, form OL 757 (Rev 12/91); pay a nonrefundable fee of $70.00; supply one set of the new administrator's fingerprints, pursuant to Section 345.72, and payment of a fingerprint processing fee, as described in Vehicle Code Section 1668(b); and submit a Personal History Questionnaire, form OL 29 (Rev 3/94), pursuant to Section 345.68. The application shall contain the following information:
(a) The name of the school/agency and the DBA name, if different from the school/agency name.
(b) The business address and telephone number of the school/agency and the mailing address, if different from the business address.
(c) The name of the new administrator.
(d) The name of the former administrator.
(e) The effective date of the administrator change.
(f) The driver license number, the residence address and the business telephone number of the new administrator.
(g) A statement, signed by the new administrator under penalty of perjury, that he/she is the administrator and that all information on the application is true and correct.



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


s 345.29. Certification and Deletion of Instructors.
(a) An instructor conducting classes for a public school or other public educational institution shall not be required to be licensed pursuant to Section 11206(c) of the Vehicle Code, provided that the department determines that the instructor has a valid teaching credential and sufficient background or training in traffic safety. The public school shall provide the department with the information necessary for this determination by submitting a Certification/Deletion of Public School Instructor, form OL 609 (Rev 6/93), for each instructor at least 15 days prior to the instructor conducting a traffic violator school course. The OL 609 shall be completed to include the following information:
(1) The name of the public provider and the DBA name, if different from the name of the public school or other public educational institution.
(2) The address of the public provider and its traffic violator school license number.
(3) The name and residence address of the added instructor.
(4) The instructor's driver license number and expiration date.
(5) The effective date of employment.
(6) Evidence that the instructor has a valid teaching credential. Evidence shall be a copy of the credential attached to form OL 609 (Rev 6/93).
(7) Whether the instructor is employed at any other traffic violator school(s) and, if so, identification of the other school(s). A letter of acknowledgment from each of the affected schools shall be attached to the Certification/Deletion of Public School Instructor. A letter of acknowledgment shall be signed by the owner, operator, administrator if a public school or agency, or other designated representative and shall contain:
(A) The school name and license number.
(B) The instructor's name.
(C) The names of the other school(s) which will employ the instructor.
(D) A statement acknowledging that the instructor will be employed as an instructor for the school(s) listed.
(8) A description of the traffic safety background of the instructor which indicates how and when the instructor obtained traffic safety experience.
(9) A statement, signed under penalty of perjury by the instructor, that the information provided on or attached to the form is true and correct.
(10) A statement, signed under penalty of perjury by the traffic violator school administrator, that the information provided on or attached to the form is true and correct.
(b) If the department determines, based upon the information submitted on or attached to the OL 609, that the instructor is not qualified to instruct traffic violator school courses pursuant to Vehicle Code Section 11206(c), the department shall notify the public provider of the disapproval within 10 days of receipt of the OL 609, specifying the reason(s) for the disapproval.
(c) Whenever an instructor for a traffic violator school operated by a public school or other public educational institution ceases to be a traffic school instructor, the public provider shall notify the headquarters office of the department within ten (10) days following cessation by submitting a Certification/Deletion of Public School Instructor, form OL 609 (Rev 6/93) completed to include the following information:
(1) The name of the public provided and the DBA name, if different from the name of the public school or other public educational institution.
(2) The address of the public provider and its traffic violator school license number.
(3) The name of the deleted instructor and the instructor's driver license number.
(4) The date the instructor ceased to instruct traffic school classes.
(5) A statement, signed under penalty of perjury by the traffic violator school administrator, that the information provided on or attached to the form is true and correct.
(d) For any instructor conducting classes for a public school or other public education institution prior to the effective date of this section, the public school shall be required, not later than 90 days after the effective date, to submit an OL 609 to the department completed to include the information required by subdivision (a)(1) through (5) and (a)(9) and (10). No other verification shall be required.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Section 11206(c), Vehicle Code.


s 345.30. Curriculum Content.
(a) A traffic violator school shall provide a minimum of 400 minutes of traffic safety related classroom education, exclusive of class registration, lunch, rest breaks, issuance of completion certificates and subjects not related to traffic safety. The following traffic safety subjects shall be included in each 400 minute course offered by a traffic violator school:
(1) The common sense of driving.
(2) Use and Maintenance of required safety equipment.
(3) Defensive driving.
(4) Established speed laws.
(5) Proper lane use.
(6) Backing up safely.
(7) Interacting at intersections.
(8) Passing.
(9) Demands of city driving.
(10) Demands of freeway driving.
(11) Demands of driving on a open highway.
(12) Hazardous conditions.
(13) Alcohol and other drugs.
(14) Driver Responsibility.
(15) Traffic signs, signals and pavement markings.
(16) Licensing control measures.
(b) For purposes of this section, subjects not related to traffic safety include, but are not limited to:
(1) Courtroom procedures.
(2) Beating traffic tickets.
(3) Police jurisdictions.
(c) The 400 minute curriculum of a traffic violator school shall include the following:
(1) Visual aids including, but not limited to, slide presentations, video cassettes or movies, graphs, magnetic boards, charts, or pictorial representations shall at a minimum be used to visually demonstrate concepts presented for the subject areas described in subdivision (a)(3), (a)(5) to (8), (a)(12) and (a)(15). Audio visual aids (video cassettes or movies) shall comprise not more than 80 minutes of the 400 minute curriculum. All visual aids shall be applicable to the course purpose and subject area.
(2) Student participation. Participation includes, but is not limited to: questions and answers; pre- and post- knowledge tests; and group discussions. Student participation shall comprise not less than 40 minutes of the 400 minute curriculum. All student participation shall be applicable to the course purpose and subject area.
(3) A post-knowledge test to be administered at the end of the class. The test shall be designed to include questions related to at least ten of the subject areas in subdivision (a), and shall include at least one question on each of the following subjects: defensive driving, alcohol and drugs, and driver responsibility. The test shall be graded and each student's score will be recorded on the class roster or student enrollment card, unless the school retains the tests for three years from the date of the class. If the tests are retained, each test shall indicate the date of the class and the student's name and driver license number.



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


s 345.34. Lesson Plan Requirements.
(a) A lesson plan shall be submitted by each applicant for a traffic violator school license. The lesson plan shall meet the following requirements:
(1) The lesson plan shall contain a table of contents and the pages of the plan shall be consecutively numbered.
(2) Each line of the lesson plan shall be consecutively numbered on each standard 8 1/2" by 11" page, beginning with the number one on each page.
(3) The lesson plan shall cover all topics listed in Section 345.30 in sufficient detail to enable the department to evaluate the specific information to be presented and to determine the accuracy of the information to be presented.
(4) The lesson plan shall cover all subjects outlined in the department's Course Core Topics And Requirements For State Of California, Department of Motor Vehicles Approved Traffic Violator School 8-Hour Curriculum, form OL 613 (Rev 3/94).
(5) The lesson plan shall reflect where visual aids and student participation will be used to supplement lecture material. It shall explain the purpose of each visual aid and student participation activity and describe how the instructor will generate the intended student participation. It shall include a brief synopsis of the information presented in any movie or video presentation, sufficient to allow the department to determine what specific information is presented by the movie or video.
(6) The lesson plan shall include a time schedule. The schedule shall contain:
(A) The time allotted for lunch and rest break periods. A lunch break of at least 30 minutes shall be provided if the 400 minute course is conducted in one session. A rest break of at least 10 minutes shall be provided during any session conducted for a period of 200 minutes or more.
(B) The approximate time allotted for each audio visual aid to be used.
(C) The approximate time allotted for each major subject area.
(D) The approximate time allotted for each student participation activity.
(E) The approximate time allotted for completion, correction and discussion of any tests used and the method of correction to be used.
(7) If the course provides for an evaluation by the students, completion of the evaluation shall not exceed 5 minutes. A sample of the evaluation form shall be submitted with the lesson plan.
(8) Samples of any handout materials, workbooks, games or tests, including the post-knowledge test required pursuant to Section 345.30(c)(3), used during the course shall be submitted for approval, as part of the lesson plan.
(b) The department shall give written approval or disapproval within 30 days of receipt.
(c) In lieu of filing its own unique lesson plan, an applicant may meet the lesson plan requirement by submitting a letter of authorization from the owner of an approved traffic violator school lesson plan. The letter of authorization shall be signed and dated by the owner of the previously approved lesson plan and shall specify that it authorizes use of the lesson plan by the applicant and identifies the applicant by name and DBA as they appear on the application. The department shall approve the use of a previously approved lesson plan only if the lesson plan has been evaluated and approved for use within the preceding 12 months.
(d) No traffic violator school which was licensed prior to the effective date of this section, and which license remains in good standing, is required to meet the provisions of this section, until the department has requested a revised lesson plan in accordance with Section 345.36(b).
(e) A traffic violator school shall not provide instructional services unless its lesson plan has been approved by the department.



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


s 345.35. Completion Certificates.



Note: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference: Section 11208(c), Vehicle Code.


s 345.36. Lesson Plan Revisions.
(a) A traffic violator school owner is responsible for revising the approved lesson plan as necessary to ensure that approved topics reflect changes in laws or other information to be presented in the course. Any proposed changes or alterations to an approved lesson plan shall be submitted to the department for approval prior to the changes being made to the course.
(b) The department shall reevaluate approved lesson plans, as needed, to ensure that approved courses reflect current laws and other information and otherwise continue to meet department standards.
(1) The department shall notify any traffic violator school of any deficiencies in any lesson plan and require revisions to the plan.
(2) A traffic violator school which receives notification to revise its lesson plan shall submit a revised lesson plan to the department by the date indicated on the notice from the department.
(3) The failure of a traffic violator school to respond to any notification by the department regarding lesson plan deficiencies by the date indicated on the notice, by providing revisions responsive to the lesson plan deficiencies noted by the department, is cause for action pursuant to Vehicle Code Section 11215(b).
(c) A traffic violator school shall continue to use its previously approved lesson plan until receiving notification from the department that the revised lesson plan is approved. The school shall implement use of the revised lesson plan within 60 days of notification of approval.



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


s 345.38. Classroom Standards.
Approval for conducting traffic violator education courses shall be contingent upon the traffic violator school meeting and maintaining the following classroom standards requirements:
(a) Classroom shall provide a minimum of 15 square feet of space per student if the facility has lecture/assembly type seating or 20 square feet of space per student if the facility has standard classroom seating with table or desks.
(b) Classroom shall provide seating and writing surfaces for all students. Writing surfaces shall be tables, desks, the equivalent, or portable writing surfaces. Portable writing surfaces shall be made of a rigid material at least a 1/8 inch thick and shall measure at least 8 1/2 by 11 inches.
(c) Classrooms attendance shall be limited to a maximum of forty (40) students.
(d) Classrooms shall provide an educational atmosphere which is conducive to learning. To be conducive to learning, the classroom atmosphere shall be influenced as follows: appropriately cooled and heated to overcome normal summer and winter outside temperatures; appropriately lit for reading; and be free from interruptions including but not limited to noise, school business activities, foot traffic and machinery.
(e) Classrooms shall not be located in bars, restaurant lounges or other rooms which serve alcohol, allow alcohol consumption or advertise or promote alcohol or its consumption, nor shall student access to the classroom facility be through bars.
(f) Classrooms shall comply with all applicable local ordinances, including but not limited to health and safety ordinances.



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


s 345.39. Conducting Classes.
Approval for conducting traffic violator education courses shall be contingent upon the traffic violator school conducting classes as follows:
(a) Only one school shall conduct class in any specific classroom at one time.
(b) The school shall ensure that students understand the language in which the course is presented by talking with students during registration.
(c) The instructor shall have the school's approved lesson plan in his/her possession for the duration of the class and shall follow that lesson plan.
(d) The instructor shall have a current Vehicle Code in her/her possession for the duration of the class.
(e) The instructor shall have evidence of licensure, which is specific to the school offering the class, in his/her possession, except as exempted by Vehicle Code Section 11206. The identification card issued by the department in accordance with Section 345.06(g) shall be used to meet this requirement, unless a permanent license has not yet been issued.
(f) The instructor shall ensure that the exterior of the classroom is clearly marked with the school name, as a guide to students. In a hotel or convention center type facility, a notice on the facility's bulletin board or room locator shall be sufficient.
(g) The instructor shall identify himself/herself by name to the class, state the full name of the school and post both names in the classroom.
(h) The instructor shall not admit any student to the class if the student arrives more than 15 minutes after commencement of instruction. This provision shall apply to students returning late from lunch or rest breaks. An instructor may admit a student to class who is late less than 15 minutes, provided that the instructor provides the student with a make-up session, which covers the actual class instruction missed by being late, during the lunch break or after normal class hours.
(i) The instructor shall ensure that a sign is posted in each classroom for the duration of the class which reads: "No Alcoholic Beverage To Be Consumed Or Possessed By Students During School Hours". Owners, operators and instructors shall strictly enforce this requirement and shall not permit any person to participate in any class who is under the influence of alcohol, has any alcoholic beverage on his or her person or who consumes any alcoholic beverage in the classroom.
(j) A traffic violator course shall not be combined with any other driver education or driver improvement course.
(k) Topics discussed by an instructor or during student participation or audio visual aids shall not include topics which are not of a traffic safety nature, including but not limited to: offering advice on how to beat traffic tickets, courtroom procedures and police jurisdictions.
(l) No instructor shall knowingly give false or misleading information to any student.
(m) The instructor shall conduct himself/herself in a professional and courteous manner at all times when students are present.
(n) At the start of any class, the instructor shall explain the affect of attendance on the students' driving records pursuant to Vehicle Code Section 1808.7, including the information that not all courts allow participation in traffic violator school program as part of the adjudication of a traffic violation.
(o) The instructor shall validate the student information provided on the roster sheet or enrollment card, pursuant to Section 345.56(a), with the student's actual driver license.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11202, 11219 and 1808.7, Vehicle Code.


s 345.40. Class Schedules.
Approval for conducting traffic violator education courses shall be contingent upon the school meeting and maintaining the following scheduling requirements:
(a) A schedule of all classes shall be filed with the department a minimum of 15 days prior to any class being conducted by any new school or at any new classroom location being used by any school.
(b) A schedule of all classes shall be filed with the department a minimum of 15 days prior to the beginning of each calendar month after a school begins operation.
(c) Schools shall use the Official School And Class Location(s) Schedule, form OL 854 (Rev 7/93), when submitting schedules to the department. The form shall contain:
(1) The DBA name of the school, the TVS license number, and the date the form is prepared.
(2) The signature of the owner, operator, administrator if a public school or agency, or designated representative.
(3) The business address and telephone number of the school.
(4) The address of each classroom location to be used.
(5) The scheduled dates and hours for each classroom to be used during the scheduled period.
(6) Identification of the instructional language to be used for each scheduled class.
(d) Any school that fails to submit schedules pursuant to this section shall have its name removed from all judicial district on the next TVS Classroom Location List published by the department pursuant to Section 11205(a) of the Vehicle Code. If the school fails to submit schedules a second time within any 12 month period, the school's name shall be removed from all judicial districts on the next two TVS Classroom Location Lists published by the department pursuant to Section 11205(a) of the Vehicle Code.
(e) A school shall schedule and offer to conduct classes in a minimum of one approved classroom location in each city listed on the TVS Classroom Location List at least once every other month.
(1) For the purposes of this section "schedule and offer to conduct" means that a school shall schedule a class pursuant to the scheduling requirements of this section, shall offer to enroll prospective students in the class, and does not cancel the class except in accordance with the provisions of subdivision (b) or (c) of Section 345.41. If a school cancels a class pursuant to subdivision (a) of Section 345.41, the school did not "offer to conduct" for the purposes of this section.
(2) If the department determines, upon investigation, that a school is not scheduling and offering to conduct classes in a city pursuant to subdivision (e), that city location shall be removed from the next TVS Classroom Location list published by the department pursuant to Section 11205(a) of the Vehicle Code.
(3) If a school has 5 city locations removed from the TVS Classroom Location List within any 12 month period, the school's name shall be removed from all judicial districts on the next TVS Classroom Location List published by the department pursuant to Section 11205(a) of the Vehicle Code.
(f) A school shall not offer to register a student for a class, nor conduct a class, that has not been included and submitted to the department on the Official School And Class Location(s) Schedule, Form OL 854.
(g) The department may waive the requirements of subdivision (a), (b), or (e) of this section for a traffic violator school if a school is unable to schedule or conduct classes due to a normal disaster such as, fire, flood, or earthquake, or a civil disturbance.
(1) As soon as circumstances allow, the school shall notify the department that it is unable to schedule or conduct classes, and shall specify whether the entire school operation is disrupted or which specific classroom locations/judicial districts are affected.
(2) The department shall determine whether to waive the requirements, and the duration of the waiver, based on the specific circumstances, and shall notify the school(s) of the decision immediately.



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


s 345.41. Class Cancellations.
(a) Should a school cancel any scheduled class, the school shall notify the department in writing. The department shall receive such notification no later than 5:00 P.M. on the fifth business day preceeding the scheduled class date. The school shall notify affected students a minimum of 4 days prior to the scheduled class.
(b) If emergency circumstances prevent timely, written notice to the department of class cancellation, the school shall call the department no later than 72 hours prior to the scheduled date and start time. If emergency circumstances prevent notice to the department of class cancellation within 72 hours of the scheduled date and start time, the school shall call the department on the first work day following the decision to cancel the class and explain the circumstances causing the cancellation. The school shall also supply confirmation of the circumstances in writing.
(c) Traffic violator schools shall conduct classes at scheduled locations in cases of low enrollment, unless enrollment consists of less than six students. If less than six students enroll, the class may be canceled, provided that the school notifies all registered students by phone and the department of the cancellation a minimum of 24 hours prior to the scheduled start of the class. Leaving a message on an answering machine at the phone number provided by the student shall constitute notification for this purpose. If the school is unable to contact a student by phone on the first attempt, the school shall attempt a phone contact at least 2 subsequent times, and shall note the date and time of the attempts. If the school has only a mailing address for a student, the school shall send a written notification to the student. When notifying the students of the cancellation, whether by mail or phone, the school shall offer to provide the registered students with an alternate class, at a charge to the student not to exceed the cost of the department completion certificate and the cost of any other certificate required by the court. The school shall maintain a class roster or set of student enrollment cards for each class canceled for low enrollment, which shall indicate the date each student was notified by mail, or the date and time each student was notified by phone, or if the school was unable to notify the student by phone, the date and times of attempted notification.
(d) Whenever a class is canceled pursuant to section (a) or (b) the school shall refer affected students to the department's published Classroom Location List or other court approved list for selection of another school, except that a school may offer an alternate date, time, or location to a student registered in a class canceled pursuant to subdivision (a) or (b), provided that the alternate class is provided to the student at a charge not to exceed the cost of the department completion certificate and the cost of any other certificate required by the court. Under no circumstances are the affected students to be referred to any other school. If these conditions cannot be met by the traffic violator school, the scheduled class shall be conducted as scheduled.
(e) If a school cancels a class for any reason, the school shall post a notice of cancellation at the classroom location for 1/2 hour prior to and one hour after the start of the scheduled class, unless all registered students and the department were either contacted by phone or mailed a notice of cancellation at least 4 days in advance of the class being canceled.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11213, 11215(c), 11215.5(d) and 11219, Vehicle Code.


s 345.42. Quarterly Reporting of Classes Conducted.
(a) Traffic violator schools shall report the number of classes conducted and the number of students instructed for each classroom location.
(b) Reports shall be for each preceding calendar quarter or portion of the calendar quarter, if the classroom was not licensed for the full quarter.
(c) Reports shall be made on form OL 850 (Rev 10/94), Traffic Violator School Reporting Form, and shall contain the following information:
(1) The months and year covered by the report.
(2) The complete school name.
(3) The school's license number and judicial district in which the classroom is located.
(4) The classroom address.
(5) The business address where school records are stored.
(6) The business telephone number.
(7) The number of students who completed the course at the location.
(8) The number of classes scheduled and the number of classes actually conducted at the location.
(9) The signature of the school owner, operator or authorized representative.
(d) Completed forms are to be received in the department's headquarters office on or before the thirtieth calendar day of the month following the quarter in which classes were conducted.



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


s 345.44. Purchases of Completion Certificates.
(a) Forms OL 730 (Rev 7/93), Completion Certificates, purchased by a traffic violator school from the department shall be used exclusively by the purchasing school for issuance to students who have satisfactorily completed the course of instruction offered at the school, and shall not be sold or transferred to another school or any other entity.
(b) The fee charged by the department shall be $1.50 per completion certificate.
(c) Completion certificates shall be purchased in books of fifty (50) by a traffic violator school in designated field offices of the department. A list of designated offices can be obtained by contacting the headquarters office of the department.
(d) Completion certificates may be purchased by: a school owner; an administrator of a public school or other public agency; a school operator; or by a designated representative pursuant to Section 345.54.
(1) The school owner, administrator or operator shall present a picture identification card and the identification card provided by the department.
(2) An employee who is not the owner, administrator, or operator shall present a picture identification card and either a copy of the OL 227, Authorized Signatures, pursuant to Section 345.54 or a written statement of permission to purchase completion certificates on the letterhead stationary of the school. The statement of permission shall contain the original signature of the school owner, administrator or operator and be dated within 10 days of the current date and shall be surrendered to the department at the time of purchase. Such authorization shall identify the specific number of certificates to be purchased.
(e) Receipts issued by the department for the purchase of completion certificates shall be maintained as a business record.
(f) The department shall refund amounts paid by a school owner for completion certificates only for unused certificates on hand when the owner ceases to do business and for certificates which were damaged during the manufacturing and/or shipping process. The original and first copy of the certificate shall be attached to an application for refund. The second copy of the certificate shall be retained by the school in numerical sequence in the original book. The application for refund shall be completed to include: the name and address of the owner (claimant), the amount of refund claimed, the date and field office location where the fees were paid, a list of the numbers for the certificates attached for refund, the reason for the refund request, and a statement, signed under penalty of perjury by the claimant, that the information contained in the request is true and correct.



Note: Authority cited: Sections 1651 and 11202(a)(2) and 11219, Vehicle Code. Reference: Section 11208 and 11212, Vehicle Code.


s 345.45. Issuance, Content and Disposition of Completion Certificates.
(a) When a traffic violator school determines that a student referred by a court has satisfactorily completed the course, the school shall issue the student a completion certificate, form OL 730 (Rev 2/2005), which shall contain the following information:
(1) A unique preprinted number assigned by the department.
(2) Name, address, birth date and driver license number of the student.(3) The date of course completion and the city and date the certificate was issued. (continued)