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(4) The name, additional DBA's, primary business address, city and license number of the traffic violator school issuing the completion certificate.
(5) Length of the course completed.
(6) The total course fee.
(7) The name of the court which ordered the student to attend traffic violator school and the case or docket number of the violation.
(8) The license number of the instructor. If the instructor has a temporary license, the number of the school followed by a slash (/) and a "T" shall be noted in lieu of the instructor license number; if the instructor is credentialed, the number of the school followed by a slash (/) and a "C" shall be noted in lieu of the instructor license number.
(9) A statement certifying under penalty of perjury that the information contained on the certificate is true and correct, signed by the student and the course instructor. The certificate shall be signed only after the student has satisfactorily completed the course. The student shall sign the certification statement prior to departure from the class.
(b) The completion certificate shall be prepared in triplicate for disposition as follows:
(1) The original shall be the court's copy and shall be issued to the student upon successful completion of the course. It shall be the student's responsibility to submit the completion certificate to the court which ordered the student to attend traffic violator school.
(2) The first copy shall be the student's copy of the certificate and shall constitute a receipt for the student provided that the certificate is issued the same day the fee is paid.
(3) The second copy shall be the traffic violator school's copy and shall remain with the business records of the school.
(c) Completion certificates shall not be duplicated or reproduced for any purpose.
(d) Except as specified in country or court contracts which are exempt under Vehicle Code Section 42005(f), no school shall mail or otherwise deliver any completion certificate to the court of jurisdiction for any student.
(e) When a student does not satisfactorily complete the course the same day that payment is made for the course or the student has elected to attend the course, the traffic violator school shall issue the student a separate and distinct receipt for payment. The receipt shall contain the following information:
(1) Amount paid by the student and date of payment. This amount shall be the total cost to the student for the course, including any fee charged for the certificate.
(2) Name and driver license number of the student.
(3) Name, primary business address, and license number of the school.
(f) A certificate of completion, form OL 730 (Rev. 2/2005), shall not be issued to any person who elects to attend a traffic violator school or any person who holds a class A, class B, or commercial class C driver license.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections: 11208, 11212, 11219 and 11219.5, Vehicle Code.


s 345.46. Duplicate Completion Certificate.
(a) A duplicate completion certificate form shall be issued only by the traffic violator school that issued the original certificate.
(1) The traffic violator school may charge a fee for the duplicate certificate, not to exceed $3.00 in addition to the actual cost of the certificate to the school.
(2) The school shall verify from the school's records that the student completed the course. The number of the original certificate issued shall be marked on the top of the duplicate certificate.
(3) A duplicate certificate shall be marked "duplicate" in large letters across the face of the certificate and both copies.
(4) The disposition of the duplicate certificate and copies shall be as described for an original certificate in Section 345.45(b).
(b) A duplicate completion certificate may be signed by the school owner, operator, administrator if a public school or agency, or any designated employee authorized pursuant to Section 345.54.



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


s 345.47. Lost or Stolen Completion Certificates.
The traffic violator school owner, operator, or administrator, if a public school or agency, shall report any lost or stolen completion certificates to the department not later than close of business of the day following discovery of the loss or theft. The traffic violator school owner, operator or administrator shall complete a Report of Lost/Stolen TVS Completion Certificates, OL 855 New 5/94, and in addition to retaining a copy in the school's business records, forward the report to the department within thirty (30) days of the discovery of the loss or theft. The report shall be completed to contain the following information:
(a) The school DBA and license number.
(b) The school's business address.
(c) The date of the discovery of the lost or stolen certificates.
(d) The date of loss (if known).
(e) The number of certificates lost or stolen.
(f) The series numbers of the certificates.
(g) A description of the incident and/or the discovery of loss.
(h) A certification statement by the owner, operator, or administrator, signed under penalty of perjury, that all information provided is true and correct.



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


s 345.48. One Class, One Ticket.
The successful completion of one 400 minute traffic violator school course shall adjudicate only one traffic citation and only one completion certificate shall be issued.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Section 42005, Vehicle Code.


s 345.49. TVS Classroom Location List Publication.
The department shall publish the TVS Classroom Location List twice annually. The list shall be revised for distribution to each municipal and justice court by the first day in January and the first day in July. In order for a school to add a location or change any information contained on the list, all requirements for the addition or change shall be completed and received by the department no later April 1 for the list published in July, and no later than October 3 for the list published in January. Any addition or charge completed or received after date specified shall be retained for inclusion in the next scheduled publication.



Note: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: Section 11205, Vehicle Code.


s 345.50. Office Practices.
(a) Each traffic violator school shall post its approved name and its office hours at its primary business office and any branch business office and shall be open to the public during the posted hours. The person in charge of the office during the posted hours shall be knowledgeable concerning the operation of the school, shall be authorized to give information to the public concerning classes and fees charged by the school and shall be able to provide detailed information to any representative or contractor of the department or a court concerning the operation and business records of the school.
(1) At a minimum, each office shall maintain the same office hours as the day courts in the county, except in counties with populations of less than 400,000.
(2) In counties with populations of less than 400,000, each office shall be open a minimum of two hours per week, during the day court hours, provided that:
(A) The school does not schedule or offer classes in any county with a population of 400,000 or more.
(B) The school utilizes an answering machine or service for the office number during department business hours and responds to all calls from the public within two business days of the call.
(C) The school notifies the department in writing at least ten days before any acceptable change is made in posted office hours.
(3) Any school which offers classes in counties with populations of 400,000 or more is required to maintain the office hours described in subdivision (1) for the county(ies) in which classes are offered.
(b) If the office is located in a free standing building, a storefront or a residence, the school name shall be posted on the front of the building. If the office is located in a multi-business building, the school name shall be posted in an area common to all of the businesses and on, adjacent to or over the entry door to the school office. Any sign shall contain lettering of sufficient size to be clearly legible from a distance of fifty (50) feet for an outdoor sign and ten (10) feet for an indoor sign. The department may make exceptions to sign requirements to accommodate unique circumstances.
(c) Each school shall maintain a telephone at its primary business office and at any branch business office(s). The following conditions shall be met by each school:
(1) The telephone shall be answered with the approved school name.
(2) Separate telephone numbers. No two or more traffic violator schools shall share the same telephone number. The telephone number used by a school shall not be shared with any other business, unless approved by the department.
(3) All telephone numbers published in the department's list of schools pursuant to Vehicle Code Section 11205(c) shall be operational and answered during the posted office hours.
(4) If an automated phone system or an answering service is used for scheduling classes and the service or system is unable to answer questions regarding the school, a referral number shall be provided to the caller. The referral number shall be operational and answered during the posted office hours and shall be answered by a person with the knowledge described in subdivision (a).
(5) If the traffic violator school is unable to accommodate any prospective student, the prospective student shall be referred back to the department's published TVS Classroom Location List or other court approved list to select another school. No traffic violator school shall refer a student to any specific listing or school.
(6) Answering machines shall be utilized only during non-business hours.
(7) No school may use California 900/976 numbers or any for-profit telephone lines.
(8) If an answering service is used to answer the telephone numbers published in the department's Classroom Location List, or, if the school's telephone number is regionalized to prohibit calls from outside of a defined calling area, the school shall provide one direct number which is operational and answered during the posted office hours for use by the department for contacting the school.
(9) Any traffic violator school representative who discusses enrollment with any potential student shall provide the following information to the prospective student:
(A) The total fee for the course, including any charge for the completion certificate and whether that charge is included in the total class fee or is in addition to the class fee.
(B) What form(s) of payment are acceptable.
(C) Any fees charged for canceling or rescheduling a class.
(10) Any traffic school representative who enrolls students in scheduled classes shall obtain sufficient information to notify the students of class cancellations pursuant to Section 345.41. If a student can not be contacted by phone, the representative shall obtain a mailing address for the student.
(d) Each school shall post licenses as follows:
(1) Owner licenses shall be posted in the primary business office and in a location conspicuous to the public.
(2) Operator licenses shall be posted in the primary business office and in a location conspicuous to the public, except for public school providers in accordance with Vehicle Code 11202.
(3) Photocopies of the owner and operator licenses shall be similarly posted at each branch business office.
(e) Each school shall maintain on file in the primary business office the current license of each instructor, including a copy of the temporary permit if no permanent license has been issued.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 320, 1671, 11202 and 11215(a), Vehicle Code.


s 345.52. Solicitation and Advertisement.
(a) No licensee or any employee or agent of the licensee shall advertise, discuss or otherwise promote traffic school enrollment in any office of the department or in any court or within 500 feet of any court. The outside perimeter of the property on which any court resides is the beginning point for calculating the straight-line 500 foot distance.
(b) The full name of a traffic violator school, the address of the principle business office as shown in department records and the school's licence number shall be used in all media of advertising, including telephone listings, except for the department's TVS Classroom Location List.
(c) No traffic violator school shall advertise that it is approved by the department. However, the school may refer to the fact that it is licensed by the department.
(d) A traffic violator school name shall be considered a form of advertising. A traffic violator school shall conduct its business pursuant to any claims, actual or implied, that are included in its name.
(e) The department's published TVS Classroom Location List shall not be altered in any manner. Alteration includes stamping a school name on the list.



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


s 345.54. Authorized Signatures.
(a) All required notification forms sent to the department shall be signed by a school owner, operator, administrator, or designated representative. All signatures shall be as previously provided to the department on license applications or an OL 227 (New 2/94), Authorized Signatures.
(b) One or more designated representative(s) may be identified by a school owner, operator or administrator by submitting an OL 227 (New 2/94), Authorized Signatures, to the department's headquarters office, signed by an owner, operator or administrator which states the designated representative's name(s), and which contains the signature(s) and full printed name(s) of the designated representative(s).
(c) Designation of an authorized representative shall be withdrawn upon receipt by the department's headquarters office of an OL 227 (New 2/94), Authorized Signatures, from the school owner, operator or administrator, which no longer includes the representative's name and signature.



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


s 345.56. Business Records.
(a) Each traffic violator school shall maintain records of every traffic violator school class conducted pursuant to Vehicle Code Section 11212 for a minimum of three years. A roster sheet or set of student enrollment cards shall be completed for each class conducted. The roster may be maintained electronically and shall contain the following:
(1) The information required in Vehicle Code Section 11212.
(2) The telephone number of each student, unless the student does not have a telephone, and the post knowledge test score of each student.
(3) The driver license class of each student.
(4) The citation number of a student referred pursuant to Vehicle Code Section 42005 or an indication that the student elected to take the course.
(b) Each traffic violator school owner shall maintain records of each completion certificate purchased and issued for a minimum of three years.
(1) The school shall maintain all receipts for purchase of certificates from the department.
(2) The school copy of each completion certificate issued shall be maintained in numerical order.
(3) Any voided completion certificate shall be marked void on the original and both copies. The original and both copies of a voided certificate shall be maintained in numerical order.
(4) The school shall maintain a copy of every request for refund for fees paid for completion certificates.
(5) The school shall maintain a copy of every report of stolen or lost certificate(s).
(c) The school shall maintain a copy of each quarterly report on classroom location activity for a minimum of three years.
(d) The school shall maintain a copy of each receipt issued pursuant to Section 345.45(e) for a minimum of three years, unless a notation that a receipt was issued, including the date of payment and the amount paid, is made on the class roster sheet or student enrollment card.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11212, 11219.5, 15210 and 42005, Vehicle Code.


s 345.58. Verification of Employment.
The owner, operator, administrator of a public school or agency, or designated representative of a school shall verify the period(s) of employment and actual hours of classroom instruction for any instructor occurring within the 36 months prior to the date of the request, if requested by the instructor or the department, within 30 days of such request.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11213(d), Vehicle Code. Reference: Section 11202.5(a)(4), Vehicle Code.


s 345.60. Providing Department Address to Students.
Upon receipt of an oral or written request from any potential student or student, a traffic violator school shall provide the complete mailing address and telephone number of the department's headquarters office.



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


s 345.65. Traffic Violator School Owner Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a traffic violator school owner occupational license shall submit the bond required by Vehicle Code section 11202 on a Traffic Violator School (TVS) Owner Surety Bond, form OL 704 (REV. 11/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The true, full name of the traffic violator school owner principal, and any doing business as (DBA) names under which the licensed activity is conducted, shall be entered on the bond.
(c) The appointment of director as the agent for service of process required by Vehicle Code section 11202(a)(6) shall be in the form required under subdivision (c) of Section 330.08 of Title 13, California Code of Regulations.



Note: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: Section 995.010, Code of Civil Procedure; and Section 11202, Vehicle Code.


s 345.66. Deposit in Lieu of Bond.
(a) A traffic violator school owner who chooses to deposit $2,000 cash in lieu of a surety bond shall complete the following forms for submission to the department:
(1) Form OL 723 (New 6/93), Cash Bond. This form shall contain:
(A) The name of the applicant, including the DBA name.
(B) The applicant's principal business address.
(C) The cash sum.
(D) The receipt number issued by the department.
(E) The signature date and county in which signed.
(F) The typed name of the applicant.
(G) The signature of the applicant or authorized representative.
(H) The typed name and title of the signer.
(2) Form OL 65 (Rev 11/86), Notice of Acknowledgment. This form shall contain:
(A) The typed name of the applicant(s).
(B) A check in the first election box which refers to a cash deposit.
(C) A signed and dated acknowledgment which includes typed name(s) of the signer(s).
(b) A traffic violator school owner who chooses to assign to the department a certificate of deposit or a passbook savings account in the amount of $2,000 in lieu of a surety bond shall complete the following forms for submission to the department:
(1) Form OL 64 (Rev 11/86), Assignment of Insured Account. This form shall contain:
(A) The name and address of the assignor, including the DBA name.
(B) The name and address of the financial institution which holds the account.
(C) The amount of the account, which cannot be less than $2,000, unless multiple accounts are being assigned.
(D) The account number.
(E) The date on which the assignor signs the agreement and the name of the community in which it is signed.
(F) The typed name of the applicant, signature of the applicant or person authorized to sign for the applicant, and the typed name and title of the signer.
(G) Endorsement by the financial institution which holds the account, including: the dollar amount available under the assignment, the date the endorsement is signed and the city in which signed, the typed name of the financial institution, the signature of an officer of the institution and the title of the signer.
(2) Form OL 65 (Rev 11/86), Notice of Acknowledgment, as described in subdivision (a)(2), with a check in the second or third election box on the form, depending on whether the assignment involves a certificate of deposit or a passbook account.
(c) Any deposit made in lieu of a surety bond shall be held by the department for a period of three years following the date the licensee has ceased to do business or has ceased to be licensed, whichever is greater, pursuant to Vehicle Code Section 11203, or three years following the replacement of the deposit by a valid surety bond as described in Section 345.65.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Section 11203, Vehicle Code.


s 345.67. Certification Required With Application for Traffic Violator School Owner.



Note: Authority cited: Sections 1651 and 11220(a)(2), Vehicle Code. Reference: Section 11202, Vehicle Code.


s 345.68. Background Investigation Required.
(a) The department shall investigate the background of each applicant for a traffic violator school owner, operator or instructor license pursuant to Chapter 1.5, Division 5 (commencing with Section 11200), to ensure that each applicant is fit to properly perform the duties of the occupation to be licensed. No permanent license shall be issued pending completion of this investigation; however, the department may issue a temporary permit pursuant to Vehicle Code Section 11210.
(b) Each applicant shall be required to complete an Application For Occupational Licensing (Part B) Personal History Questionnaire, form OL 29 (Rev 3/94), provided by the department. Owner applications shall include a Questionnaire completed by:
(1) The sole owner or
(2) All general partners or
(3) For a corporate owner all principle corporate officers; all parties to a trust agreement; all corporate board members; and any stockholders who are active in the management, direction or control of the corporation or
(4) The public administrator and
(5) Any other parties who are active in the management, direction or control of the business activities of the school.
(c) The Personal History Questionnaire shall contain the following information:
(1) The true full name of the applicant.
(2) The residence address of the applicant.
(3) The business and home telephone numbers of the applicant.
(4) The social security number of the applicant.
(5) The physical description of the applicant including sex, color of hair, color of eyes, height, weight and birthdate.
(6) Whether or not the applicant holds a valid California driver license. When the applicant is a holder of a valid California driver license, the license number shall be provided.
(7) Any name or names the applicant has been known by or used other than the name provided in subdivision (c)(1).
(8) The experience and employment record of the applicant for the past three years prior to the date the personal history questionnaire is signed and dated by the applicant.
(9) For instructors only, whether the applicant has attended and or completed high school or college, the name and address of any high school or college attended, and the date studies were completed.
(10) Whether or not the applicant has previously been or is currently licensed in California as a registration service; vehicle salesperson, representative, distributor, dealer, dismantler, manufacturer, remanufacturer, transporter, verifier, lessor-retailer; driving school owner, operator or instructor; traffic violator school owner, operator or instructor; or all-terrain vehicle safety training organization or instructor. When the applicant has previously been or is currently licensed as described in subdivision (c)(10), each current or previous occupational license number issued to the applicant shall be provided.
(11) Whether or not the applicant has ever had a business or occupational license issued by the department or an application for such license refused, revoked, suspended, or subjected to other disciplinary action or was a partner, managerial employee, officer, director, or stockholder in a firm licensed by the department, and the licence was revoked, suspended or subject to other disciplinary action. When the applicant answers yes to subdivision (c)(11), the occupational license number, the type of license, the action and the date of the action taken by the department shall be provided.
(12) Whether or not the applicant has ever had a civil judgment rendered against him/her and whether or not the judgment was a result of activity of the applicant's firm licensed by the department. When the applicant answers that the judgment was a result of activity of the applicant's firm licensed by the department, the amount of the judgment and whether the judgment is paid or unpaid shall be provided.
(13) Whether the applicant was ever a partner, managerial employee, officer, director, or stockholder in a firm that had a civil judgment rendered against it and whether or not the judgment was a result of the activity of the firm licensed by the department. When the applicant indicates he/she was a partner, managerial employee, officer, director, or stockholder in a firm that had a civil judgment rendered against it and the judgment was a result of the activity of the firm licensed by the department, the amount of the judgment and whether the judgment is paid or unpaid shall be provided.
(14) Whether or not the applicant has ever declared bankruptcy or was a partner, managerial employee, officer, director, or stockholder in a firm that declared bankruptcy. When the applicant indicates he/she has declared bankruptcy or was a partner, managerial employee, officer, director, or stockholder in a firm that declared bankruptcy, the date the bankruptcy was filed and the name and location of the court of jurisdiction shall be provided.
(15) Whether or not the applicant has ever been convicted, placed on probation, or released from incarceration following conviction for any crime or offense, either felony or misdemeanor, including traffic offenses, within the last ten years. When the applicant indicates he/she was convicted, placed on probation, or released from incarceration following conviction for any crime or offense, either felony or misdemeanor, including traffic offenses, within the last ten years, each offense shall be listed with the conviction date, the court of jurisdiction and the disposition.
(16) A statement signed and dated by the applicant which certifies under the penalty of perjury all the answers and the information contained in the personal history questionnaire are true and correct, and includes the city and state where the document was executed.
(17) A statement signed by the owner, operator or administrator of the traffic violator school acknowledging the information provided on the personal history questionnaire.
(d) The applicant shall submit with the personal history questionnaire a certified copy of the arresting agency report and a certified copy of the court documents for each conviction listed pursuant to subdivision (c)(15).



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219. Reference: 42 U.S.C. 405; Section 11350.6, Welfare and Institutions Code; and Sections 11202, 11202.5, 11206, 11211, 11215 and 11215.5, Vehicle Code.


s 345.72. Fingerprinting of Applicants.
(a) All original applications for licenses under Chapter 1.5, Division 5, (commencing with Section 11200) of the Vehicle Code shall be accompanied by one set of fingerprints from each applicant on a standard fingerprint card and payment of a fingerprint processing fee, as described in Vehicle Code Section 1668(b), for each applicant. If the applicant is a partnership or corporation, the application shall be accompanied by a set of fingerprints from each partner, principle corporate officer, board member and any stockholder who is active in the management, direction or control of the corporation. The completed fingerprint card shall contain the following:
(1) The typed or printed name of the person fingerprinted.
(2) Any aliases used by the person fingerprinted.
(3) The birthdate of the person fingerprinted.
(4) The birthplace of the person fingerprinted.
(5) The sex, height, weight, eye color and hair color of the person fingerprinted.
(6) The fingerprint of each finger and thumb on each hand, unless missing or bandaged. When a finger or hand is missing or bandaged, it shall be stated on the card.
(7) The signature of the person fingerprinted.
(8) The date the fingerprints are taken.
(9) The signature of the person taking the fingerprints.
(10) A statement that the fingerprint card is for the purpose of applying for a traffic violator school license.
(11) The residence address of the person fingerprinted.
(b) A fingerprint card is not required when the applicant is currently an occupational licensee of the department or the applicant is a prior occupational licensee of the department whose license has not lapsed more than three years from the date of expiration.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11202(a)(1), 11202.5 and 11206(a), Vehicle Code.


s 345.74. Inspection and Approval of Sites.
(a) Before authorizing the use of a primary business location, a branch business office or a classroom location, the department shall inspect the location as needed to determine that the location meets or exceeds the following minimum qualifications.
(1) A business office location, whether the primary location or a branch location, shall comply with the provisions of Vehicle Code Sections 1671(a), 11202(a)(1) and 11202(e) and all applicable provisions of this code.
(2) A classroom location shall meet the requirements outlined in Section 345.38.
(b) No business office, branch business office or classroom shall be inspected by the department until it is operationally ready for business. If the location is not operationally ready for business at the time the application for the location is filed, the date that the location shall be operationally ready for business shall be indicated on the application.
(c) No business office, branch business office or classroom shall be used by a school until its use has been approved by the department.
(1) The department has the authority to approve a classroom without prior inspection based upon the self-certification information contained on the Traffic Violator School Branch Business Office/Classroom Application, form OL 712 (Rev 10/94).
(2) If the department approves the classroom without prior inspection, the department shall inspect the classroom at or before the next monitoring visit, pursuant to Vehicle Code Section 11214.
(d) The department shall notify the applicant in writing when the location is approved for use.
(e) If the location does not comply with department standards, the department shall notify the applicant in writing, within seven (7) days following the inspection citing the specific reasons the location does not comply.
(1) The department shall, upon written request from the applicant, reinspect a proposed location to determine if the deficiencies have been corrected.
(2) The department shall disapprove any site which has been inspected twice and does not pass inspection. A new application and payment of appropriate fees shall accompany any request for further consideration of the site.
(f) The department may reinspect any licensed location as needed to determine that the location continues to meet licensing requirements pursuant to this section.
(1) If the department determines that a location no longer meets approval standards, the department shall notify the school in writing that the location has been disapproved, the specific reasons for disapproval, and the date by which the school shall cease using the location.
(2) The department shall, upon written request from the applicant, reinspect such a disapproved location once to determine if the deficiencies have been corrected.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 1671(a) and 11202, Vehicle Code.


s 345.76. Traffic Violator School Program Assessment.



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


s 345.78. Traffic Violator School Attendance.
(a) An owner, operator, administrator or instructor of a traffic violator school may not attend any class offered by the school for which he/she is licensed, in lieu of adjudication of any personal traffic citation.
(b) In order to determine compliance with Vehicle Code Section 42005, each traffic violator school shall verify the driver license class and a copy of the citation of each student prior to the student attending the course. The following persons may not attend a traffic violator school in lieu of adjudicating a traffic offense:
(1) Any person holding a class A, class B, or commercial class C driver license.
(2) Any person regardless of driver license class that committed a traffic offense that occurred in a commercial motor vehicle, as defined in subdivision (b) of Vehicle Code Section 15210.
(c) Any person described in subdivision (b) that complies with Vehicle Code Section 11200(b), may elect to attend a traffic violator school.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 11200, 11202, 15210 and 42005, Vehicle Code.


s 345.86. Refusal to Issue, Suspension, Revocation or Cancellation of a License.
(a) In addition to the conditions specified in Sections 11215, 11215.5, 11215.7 and 11216 of the Vehicle Code, the department may refuse to issue, suspend, or revoke a license for a traffic violator school for any of the following reasons:
(1) The traffic violator school wrote a check to the department that was thereafter dishonored when presented for payment.
(2) The traffic violator school violated any of the provisions contained in this Article.
(b) In addition to the conditions specified in Sections 11215, 11215.5, and 11215.7 of the Vehicle Code, the department may refuse to issue, suspend, or revoke a license for a traffic violator school operator for any of the following reasons:
(1) The traffic violator school operator wrote a check to the department that was thereafter dishonored when presented for payment.
(2) The traffic violator school operator violated any of the provisions contained in this Article.
(c) In addition to the conditions specified in Sections 11215, 11215.5, and 11215.7 of the Vehicle Code, the department may refuse to issue, suspend, or revoke a license for a traffic violator school instructor for any of the following reasons:
(1) The traffic violator school instructor wrote a check to the department that was thereafter dishonored when presented for payment.
(2) The traffic violator school instructor violated any of the provisions contained in this Article.
(d) A traffic violator school owner, operator or instructor license may be canceled by the department when the license was issued through error.



Note: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference: Sections 11204, 11207, 11211, 11215 and 11215.7 and 11216, Vehicle Code.


s 345.88. Monetary Penalties.
Payment of the following monetary penalties may be required of a traffic violator school owner, operator or instructor pursuant to a stipulated settlement agreement between the Director and the licensee entered into under the authority of Vehicle Code Section 11218:
(a) The monetary penalty shall not exceed one thousand dollars ($1,000) for a traffic violator school owner or five hundred ($500) for a traffic violator school operator or instructor, per violation.
(b) A minimum penalty of $15 and a maximum penalty of $500 shall be assessed for each violation of the following provisions of law: Vehicle Code Sections 1671, 11202(e), 11202.5, 11206, 11213(c), and 11219.5.
(c) A minimum of $100 and a maximum of $1000 for each violation of the following provisions of law: Vehicle Code Sections 20, 11200, 11202(a), 11212, 11213(a), 11213(b), 11213(d), 11215, and 11215.5 and 11215.7.



Note: Authority cited: Sections 1651, 11202(a)(2), 11218 and 11219, Vehicle Code. Reference: Section 11218, Vehicle Code.


s 345.90. Voluntary or Involuntary Cessation of Business.
Whenever a school ceases to do business for any period, either voluntary or involuntarily:
(a) The department may cancel or suspend use of the school's published telephone number(s).
(b) The school shall surrender all owner, operator and instructor licenses applicable to the school and all unused completion certificates.
(c) The school shall provide the department with a telephone number and address of the owner or, if a corporation or partnership, a principal or partner, to enable the department to inquire as to specific records which the ex-licensee shall maintain for three (3) years following cessation of business. The ex-licensee shall notify the department within ten (10) days of any change in either the telephone number or address.
(d) No other traffic violator school shall buy or otherwise obtain the telephone number of a school which ceases to do business, except when a traffic violator school is sold in its entirety.



Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 8803, 11208(d), 11212, 11213, 11217.5 and 11219, Vehicle Code.


s 350.02. Definitions.
As used in this article the following definitions shall apply;
(a) Agent. As authorized by the department, a person or entity who is authorized by its preapproved requester to access, receive, or use departmental record information on behalf of its preapproved requester.
(b) Business Use. Use for any approved governmental or commercial purpose. This includes both nonprofit and charitable purposes.
(c) Casual Requester. Any person who is requesting information from the department's files and is not a preapproved requester.
(d) Commercial Requester Account. An account opened to assure timely billing and payment due the department for the sale of information and identified by a unique number.
(e) Commercial Requester Account Agreement. An agreement entered into between the department and a nongovernmental entity applying for preapproved status to request information from the files of the department. The signing of the agreement by both the nongovernmental entity and a representative of the department constitutes the basis to establish a Commercial Requester Account and becomes part of the Commercial Requester Account Application required in section 350.16.
(f) Direct Requester. A requester code holder who makes information requests directly to the department, and is billed directly by the department through a Commercial Requester Account.
(g) End User. Any requester code holder for whose use information is requested from the department's records. An end user may be either the person requesting the information or another person on whose behalf the information is requested.
(h) Governmental Entity. The United States Government or any subdivision, department, court or agency thereof; the state or any subdivision, department, court or agency thereof, including special districts, school districts, the Board of Regents of the University of California; and any city, county, city and county or any agency or subdivision thereof.
(i) Indirect Requester. A requester code holder making requests for department information from another requester code holder.
(j) Mailing Address. An address, reported separately from the residence address, reported to the department as the address where mail is to be delivered to the addressee. A mailing address is mandatory only when mail cannot be delivered to the reporting individual's residence address. Otherwise a mailing address is optional.
(k) On-Line Access. Direct access to the department's electronic data base through computerized equipment and communications lines furnished and maintained at no cost to the department.
( l) Person. A natural person, governmental entity, partnership, corporation, association, or the fictitious name under which one of the aforementioned does business.
(m) Personal Identification Number. A unique configuration of numbers and letters assigned by the department to requester code holders for use in conjunction with a requester code whenever the department in its sole discretion wishes to validate the identity of a direct requester when information is requested by telephone or in person. Personal identification numbers may be changed at the request of the person to whom issued or at the sole discretion of the department.
(n) Preapproved Requester. Any person issued a requester code pursuant to sections 350.08 or 350.26.
(o) Public. All natural persons, partnerships, corporations or associations. The public does not include governmental entities, preapproved requesters, natural persons requesting information concerning themselves or their spouses or minor children, and partnerships, corporations or associations requesting information concerning vehicles registered to the partnership, corporation or association.
(p) Requester Code. A unique configuration of numbers or letters and numbers assigned by the department to identify a requester.
(q) Residence Address. A residence address is the address reported to the department by an individual as the place where that individual resides.
(r) Special Permit. A signed agreement between the department and a Commercial Requester Account holder authorized on-line access to the department's electronic data base.
(s) Vehicle Dealer's Agent. A person certified by a vehicle dealer, licensed to do business in California, as its agent for the purpose of obtaining information directly from the department as a preapproved requester, pursuant to section 1808.23, subdivision (b), of the Vehicle Code.
(t) Vehicle Manufacturer's Agent. A person certified by a vehicle manufacturer, licensed to do business in California, as its agent for the purpose of obtaining information directly from the department, either as a preapproved requester or a nonpreapproved requester, pursuant to section 1808.23(a) of the Vehicle Code.



Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 470, 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798, Civil Code.


s 350.03. Address Elements.
(a) The following elements of information constitute an address in the records of the department:
(1) The street name and number, the route and box number, or the post office box number.
(2) The city name.
(3) The state name.
(4) The county name or county code.
(5) The five digit zip code.
(6) The plus-four digit zip code.
(b) All elements of a residence address in the department's records shall be confidential and shall not be released to a requester except as follows:
(1) As provided for in Vehicle Code sections 1808.21, 1808.22, or 1808.23, or
(2) When the requester certifies and the department determines that residence information is needed in order to comply with a state or federal statute, regulation, or rule of court that requires or permits the department to release residence information from the department's records.
(c) The release of any elements of a mailing address in the department records to a nonpreapproved requester shall be restricted to those requests meeting the requirements of section 350.36(a)(6).



Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.


s 350.04. Information Access.
Information may be obtained from the department's records in one or more of the following ways:
(a) Directly from the department using an approved requester code.
(b) Indirectly from the holder of a Commercial Requester Account who is authorized by the department to sell department information to an end user. The request must include both the requester code issued to the direct requester and the requester code issued to the end user.
(c) Directly from the department using the procedures established for a casual requester pursuant to section 350.36.



Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.


s 350.06. Governmental Entity's Application for a Requester Code.
A governmental entity's application for a requester code shall be submitted to the department's Information Services Branch in Sacramento on the Governmental Requester Account Application, Form INF 1130 (12/90), provided by the department and shall include the following:
(a) The type of governmental entity.
(b) The name of the governmental entity.
(c) The business and the mailing address of the governmental entity.
(d) The telephone number of the governmental entity.
(e) Any existing requester code(s) used by the governmental entity to obtain information from the department.
(f) The primary function of the governmental entity and the purpose for requesting department information.
(g) Whether the governmental entity uses exempt license plates as defined in section 4155 of the Vehicle Code.
(h) Whether the governmental entity is a law enforcement agency.
(i) Whether the governmental entity's investigators or agents are classified as "peace officers" as described in section 830 of the Penal Code.
(j) The procedures established to protect the confidentiality of information received from the department as required by Vehicle Code section 1808.47.
(k) The name and title of the person responsible for compliance with the statutes and regulations pertaining to access and use of information from department records and a description of the person's position within the governmental entity.
( l) The name, title and telephone number of the person to be contacted by the department to resolve problems.
(m) A sworn statement signed and dated by the person described in subdivision (k) as to the truth of the contents of the application; the penalties for false representation and misuses of the information; and, the city, county and state where the document is executed.



Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.


s 350.08. Assignment of Requester Codes, and Personal Identification Numbers to Governmental Entities.
Any governmental entity whose application is approved shall be issued a requester code, and a personal identification number.



Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.


s 350.10. Governmental Entity's Request for Information.
A governmental entity's request for information, including an on-line access request, must include the requester code issued to the governmental entity. If the request is made by telephone or in person the personal identification number issued to the governmental entity may also be required. The request must also include one or more of the following identifying points of the record from which information is requested:
(a) For vehicle registration information the identifying points of the record may be the license plate number, vehicle identification number, owner's full name, owner's full name and address, or any combination thereof.
(b) For vessel registration information the identifying points of the record may be vessel registration number, hull number, owner's full name, owner's full name and address, or any combination thereof.
(c) For driver's license or identification card information, the identifying points of the record shall be at least one of the full name, driver's license number, or identification card number.
(d) For financial responsibility information the identifying points of the record may be the date, time and location of accident; full name of either driver involved; driver's license number of either driver; license plate number of a vehicle involved; the financial responsibility number assigned by the department; or any combination thereof.
(e) For occupational licensing information the identifying points of the record may be the full name of the licensee, the name under which the licensee does business, the occupational license number, or any combination thereof.



Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Section 1810, Vehicle Code; and Section 1798.26, Civil Code.


s 350.12. Priority for Processing Governmental Requests. (continued)