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Governmental requests for information shall be process in accordance with the following priorities:
(a) Departmental processing.
(b) Law Enforcement request processing.
(c) Court request processing.
(d) Other governmental request processing.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.14. Release of Information to Governmental Entity.
Information shall be released to a governmental entity as soon as the information request is processed and without notice to the person to whom the information relates.
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 350.16. Information Required on a Nongovernmental Application for a Requester Code.
(a) A nongovernmental original and a renewal application for a requester code shall be submitted to the department's Information Services Branch in Sacramento on the Commercial Requester Account Application, Form INF 1106 (REV. 10/2000), and shall include the following:
(1) The nongovernmental entity's business/organization name.
(2) The nongovernmental entity's telephone number.
(3) The business and the mailing address of the nongovernmental entity.
(4) The name, addresses and telephone numbers of the branch locations of the nongovernmental entity that will be receiving information from the department;s records.
(5) Any existing requester code(s) issued by the department and used for the nongovernmental entity's business.
(6) Whether the nongovernmental entity will purchase departmental information through a departmental preapproved requester.
(7) Where the nongovernmental entity wants purchased information mailed.
(8) If the nongovernmental entity is required to be licensed by the State of California or if the applicant is a member of the California State Bar list the business license number, the agency issuing the license, the type of license, and the date the license expires. Also, if applicable, list the federal employer identification number, the corporation number, and the state that issued the number.
(9) A description of the business or organization.
(10) The purpose(s) for requesting information.
(11) The medium of inquiry and delivery the nongovernmental entity requests.
(12) Whether the nongovernmental entity will request information from the registration file; the driver's license file; the financial responsibility file; the occupational licensing file; or any combination thereof; and, whether the nongovernmental entity will request mailing address and/or residence address information.
(13) If residence address information will be requested, the specific reasons such information will be requested, and the regulation, federal or state statute, identified by code name and section number, or rule of court that requires the department to release the residence address information.
(14) If mailing address information will be requested, the specific reasons such information will be requested.
(15) Whether or not the nongovernmental entity will resell information to another preapproved requester.
(16) A description of the nongovernmental entity's automated system design to be used for on-line access and record reproduction when the application is for on-line access.
(17) If the applicant is requesting access to residence address or mailing address information, a copy of the procedures established to protect the confidentiality of the information received from the department as required by Vehicle Code section 1808.47. The security procedures shall address at least the extent to which access to the requester code, personal identification number, and information received from department records is restricted.
(18) The name and title of the person signing the agreement described in section 350.18 who is responsible for compliance with the statutes and regulations pertaining to the access and use of information from department records, and a description of the person's position within the nongovernmental entity.
(19) The name, title and telephone number of the person to be contacted by the department to resolve problems.
(20) A sworn statement signed and dated by the person described in subdivision (18) as to the truth of the contents of the application; the penalties for false representation and misuse of information; and, the city, county and state where the document is executed.
(b) A nongovernmental entity shall notify the department's Information Services Branch in Sacramento in writing within ten (10) working days of any permanent termination of the need for information, or any change of the information required in subdivision (a).
(c) A nongovernmental entity may have its authorization for access to residential information deleted by making either a written or verbal request to that effect to the department. The request will be honored upon receipt.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.18. Additional Requirements for a Nongovernmental Application for a Requester Code.
(a) A Commercial Requester Account Agreement, Form INF 1108 (2/91), provided by the department shall be completed and submitted with the application required in section 350.16.
(b) In addition to provisions contained in this article or in existing statute, the agreement includes the following provisions:
(1) The agreement is subject to any restrictions, limitations, or provisions enacted by the California State Legislature which may affect the provisions or terms set forth in the agreement.
(2) The agreement is not assignable by the preapproved requester, either in whole or in part, without the prior written consent of the department.
(3) The preapproved requester shall not sell or transfer ownership of a vehicle or vessel if the information received from the files of the department indicates a Department of Justice stop ( "DOJ STOP"). The preapproved requester shall notify the local police regarding the vehicle or vessel whenever the location of the vehicle or vessel is known to the preapproved requester.
(4) If the preapproved requester receives residence address or mailing address information from the files of the department, the requester may release the address information to an agent, other than an employee of the requester acting on that requester's behalf, if the requester has on file at the business address listed on the application for a requester code a Security Statement, Form INF 1110 (12/90) provided by the department and signed by the agent.
(5) The requester agree to defend, indemnify and hold harmless the department and its officers, agents and employees from any and all claims, actions, damages or losses which may be brought or alleged against the department, its officers, agents or employees by reason of the negligent, improper, or unauthorized use or dissemination by the requester or its officers, agents, or employees, of information furnished to the requester by the department or by reason of inaccurate information furnished to the requester by the department unless the requester can show that the department was originally furnished accurate information from the reporting source.
(c) The agreement shall be dated and signed by the person described in section 350.16(a)(25); and, shall include 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, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.20. Certifications Required with Nongovernmental Applications for Access to Residence Address Information.
(a) If the applicant for a requester code is an agent and is requesting access to residence addresses, an Information Services Certification of Agency, Form INF 1184 (2/91), provided by the department, shall be submitted with the application and shall include the following:
(1) The name, address, telephone number, and the dealer or manufacturer license number of the vehicle dealer or vehicle manufacturer certifying the agent.
(2) The name, address, telephone number, and driver's license number of the agent being certified.
(3) A certification by the vehicle dealer or vehicle manufacturer which authorizes the applicant to act as an agent for the purpose of obtaining information from the department pursuant to section 1808.23 of the Vehicle Code.
(4) A signed statement, certified under the penalty of perjury, by the vehicle dealer or vehicle manufacturer in which the dealer of manufacturer agrees to:
(A) Hold the department harmless from any monetary loss to the department by reason of the use of information obtained from the department by the agent; and
(B) Pay to the department, its officers, and any other person(s) all civil damages occasioned to the department or such persons by reason of the acts or ommissions by the agent in obtaining information from the Department by means of false or misleading representations, or in selling, giving, or otherwise furnishing any information obtained from the Department records to any third party not specifically authorized and approved by the Department.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.25, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1811, and 16053, Vehicle Code. Sections 1798. 24 and 1798.26, Civil Code; and Cal Jur 3d 109.
s 350.22. Fees Required with an Application for a Nongovernmental Requester Code.
(a) A filing fee of two hundred and fifty dollars ($250) shall accompany an original application and each biennial renewal application for a requester account when the applicant is requesting and is authorized by law to receive confidential residence address information. Applicants not authorized to receive, or not requesting, confidential residence address information shall submit a filing fee of fifty ($50) with the original application and with each biennial renewal application.
(b) If the application is for an on-line access special permit, a filing fee of two hundred and fifty dollars ($250) shall accompany an original application and each biennial renewal application.
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 350.24. Bond Requirements for a Commercial Requester Account with Access to Confidential Address Information.
(a) The bond required by Vehicle Code section 1810.2(c) shall be executed by an admitted surety insurer, on a Commercial Requester Account Bond, form INF 1132 (REV. 9/2004), which is hereby incorporated by reference and subject to chapter 2 (commencing with section 995.010), title 14, of part 2 of the Code of Civil Procedure. The bond shall be conditioned that the applicant shall:
(1) Pay to the State monies due for application fees and department costs related to the release or access of information from DMV records to the Principal; and
(2) Pay for any loss or damage to the State, the department, its officers, and employees arising from the use of the requester account including:
(A) Obtaining information from the department by means of false or misleading representations,
(B) Using information obtained from the department for any purpose different from the purpose specified in the Principal's application for a Commercial Requester Account, and
(C) Selling, giving, or otherwise furnishing any information obtained from department records to any third party not specifically authorized and approved by the department.
(b) The bond requirement of this section shall be the only financial security required of an on-line access permit holder pursuant to Vehicle Code section 1810.7(d).
(c) The commercial requester account holder shall not access confidential address information pursuant to Vehicle Code section 1810.2 when the bond falls below fifty thousand dollars ($50,000) or after the effective date of revocation or cancellation by the surety pursuant to section 996.310 of the Code of Civil Procedure without the filing of an adequate replacement bond. The commercial requester account holder may access confidential address information when the liability on the bond is at fifty thousand dollars ($50,000) or an adequate replacement bond has been filed with the department.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.26. Assignment of Commercial Requester Accounts, Requester Codes, and Personnel Identification Numbers to Nongovernmental Entities.
(a) Any nongovernmental entity submitting an application which is approved shall be issued a Commercial Requester Account number, one or more requester codes, and a personal identification number. Requester codes shall be assigned which permit access to information in accordance with the approved application.
(b) Requester codes shall be issued for a period of two years from the date of application approval and may be renewed upon each biennial application for additional periods of two years each.
(c) Any nongovernmental entity submitting an application which is disapproved shall not be issued the numbers and codes described in subdivision (a), and shall be notified in writing by the department of such disapproval and the reasons therefor.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
s 350.28. Nongovernmental Requester Code Holder's Request for Information.
(a) A nongovernmental requester code holder's request, including an on-line access request, for information must include a requester code issued to the requester and, if acting on behalf of another, a requester code issued to the end user of the information. If the request is made by telephone or in person, the personal identification number of the requester code holder making the request may be required. The request must also include one or more of the following points of identification of the record:
(1) For vehicle registration information the points of identification include the license plate number, or the vehicle identification number or the owner's name and full address. If the request is made in conjunction with a vehicle lien sale the points of identification shall include the vehicle identification number, make, and year model of the vehicle being sold.
(2) For vessel registration information the points of identification include the vessel registration number or hull number.
(3) For driver's license or identification card information the points of identification include either the full name and date of birth, or the full name and driver's license or identification card number.
(4) For financial responsibility information the points of identification include the date, time and location of accident; the full name of either driver involved; the driver's license number of either driver; the license plate number of a vehicle involved; the financial responsibility number assigned by the department; or any combination thereof.
(5) For occupational licensing information the points of identification include the full name of the licensee, the name under which the licensee does business, or the occupational license number.
(b) If the end user of information that includes a residence address is a financial institution, the financial institution must determine before submitting the request, either that it has obtained a written waiver of the right to confidentiality of residence address signed by the individual about whom the information is requested, or that such individual is presently obligated to the financial institution under an agreement that was executed prior to July 1, 1990.
(c) If the end user of information that includes a residence address is an insurance company, the insurance company must determine before submitting the request, that it obtained a written waiver of the right to confidentiality of residence address signed by the individual about whom the information is requested; that such individual is presently insured under a policy, and that a named insured under that policy signed such a written waiver; or that such individual was involved in an accident with a person who is insured by the end user.
(d) If the end user of information that includes a residence address is an attorney, the attorney must determine before submitting the request, that the request is pursuant to section 1808.22(c) of the Vehicle Code.
(e) If the end user of the information that includes a residence address is a vehicle manufacturer or a vehicle manufacturer's agent, the manufacturer or the agent must determine before submitting the request, that the request is pursuant to section 1808.23(a) of the Vehicle Code.
(f) If the end user of the information that includes a residence address is a vehicle dealer or a vehicle dealer's agent, the dealer or the agent must determine before submitting the request, that the request is pursuant to section 1808.23(b) of the Vehicle Code.
(g) If the end user of the information that includes a residence address is requesting the information as permitted under subdivision (h) of section 1798.24 of the Civil Code, the requester must determine before submitting the request, that no persons will be contacted by mail or otherwise at the address included with the information.
(h) If the end user of information that includes a residence address is not requesting the residence address information pursuant to section 1808.22 or 1808.23 of the Vehicle Code, the end user must cite a federal or state statute, regulation, or rule of court that specifically requires the department to release the residence address information from its records.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
s 350.30. Priority for Processing Nongovernmental Requests.
Nongovernmental requests for information shall be processed in accordance with the following priority:
(a) Departmental processing.
(b) Governmental request processing.
(c) Nongovernmental request processing.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.32. Release of Information to Commercial Requester Account Holder.
(a) Information may be released to a Commercial Requester Account holder as soon as the information request is processed and without notice to the person to whom the information relates.
(b) Residence address information shall be deleted from copies of nonelectronically stored records before such copies may be released to any person not authorized access to residence address information. Copies of nonelectronically stored records shall not be released to those entities defined as the public pursuant to section 350.02(o).
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 350.34. Additional Security Requirements for On-Line Access.
On-line access special permit holders shall be responsible for security of the system and the information received as follows:
(a) When access to address information is authorized, terminal or modems shall not be left unattended unless secured by a locking device or placed in a locked room.
(b) Video terminals, printers, or other forms of information duplication shall be placed so that address information may not be viewed by the public.
(c) Access to codes and operational manuals shall be restricted to persons authorized access to department information, and who have signed an Employee Security Statement, Form INF 1128 (3/97), provided by the department.
(d) Each person authorized on-line access by a special permit holder shall sign an Employee Security Statement, Form INF 1128 (3/97) for his or her employer. The statement shall be retained by the employer for a period of two (2) years. A new statement shall be signed annually.
(e) The special permit holder shall maintain at the business address listed on its application a current list of the names of persons authorized access to department information. The list shall be initialed and dated by each authorized employee.
(f) The special permit holder shall notify the department's Office of Information Services in Sacramento, in writing, by the end of the next business day following the termination of authority of any person to access department information. The special permit holder shall maintain a list of the names of persons whose authority to access information was terminated and the reason for the termination. Names shall not be purged from the list for a period of at least two (2) years from the date of termination. The list shall be available for inspection by the department at the business address listed on the permit holder's application, during normal business hours, on one business day's notice from the department.
(g) If the special permit holder suspects any misuse of the system or department information by any person, the suspicion shall be reported to the department's Office of Information Services by telephone immediately, and in writing within three (3) days.
(h) The special permit holder shall be responsible for administering the terms and conditions of the permit agreement and department regulations in this article, and for the orientation, training, and supervision of persons authorized on-line access pursuant to the permit.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.36. Casual Requests for Information.
(a) A casual requester may submit a request for information in person or by mail at any office of the department. The request shall be made in writing and shall include the following information:
(1) The name of the requester.
(2) The residence or business address and telephone number of the requester.
(3) The reason the information is requested.
(4) The intended use of the information requested.
(5) If residence address information is requested, the specific reasons such information is being requested, and the regulation, federal or state statute, identified by code name and section number, or rule of court that requires the department to release the residence address information.
(6) If mailing address information is requested, the reason such information is being requested. Acceptable reasons are for use in connection with assessment of driver risk or ownership of vehicles or vessels.
(b) Whether submitted by mail or in person, a casual requester's request for information must include the following points of identification of the record requested.
(1) For vehicle registration information the points of identification may be the license plate number or vehicle identification number; or the owner's name and full address. If the request is made in conjunction with a vehicle lien sale the points of identification shall include the vehicle identification number, make, and year model of the vehicle being sold.
(2) For vessel registration information the points of identification may be the vessel registration number or hull number.
(3) For driver's license or identification card information the points of identification may be either the full name and date of birth or the full name and driver's license number or the full name and identification card number.
(4) For financial responsibility information the points of identification may be the date, time and location of accident; the full name of either driver involved; the driver's license number of either driver; the license plate number of a vehicle involved; the financial responsibility number assigned by the department; or any combination thereof.
(5) For occupational licensing information the points of identification 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 1798.26, Civil Code; Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; and Section 1, Ch. 1213, Stats. 1989.
s 350.38. Identification of Casual Requesters.
(a) No request for information made in person by a casual requester shall be processed until the requester's true identity is established to the satisfaction of the department. Acceptable evidence of identification shall be:
(1) A valid California driver's license.
(2) A valid California identification card.
(3) A valid foreign state driver's license.
(4) Any other identification cards issued by a governmental agency.
(5) A valid California State Bar membership card.
(b) No request for information submitted by mail by a casual requester shall be processed until the requester's true identity is established to the satisfaction of the department. Acceptable evidence of identification shall be:
(1) The number of the requester's valid California driver's license.
(2) The number of the requester's valid California identification card.
(3) The number of the requester's valid foreign state driver's license.
(4) The number and identity of the requester's valid identification document issued by a governmental entity.
(5) The number of the requester's valid California State Bar membership card.
Note: Authority cited: Section 1798.26, Civil Code; Section 1651, Vehicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.21, 1801.22, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1, Ch. 1213, Stats. 1989.
s 350.40. Release of Information to Casual Requester.
(a) Information may be released to a casual requester either in person or by mail and as soon as the information request is processed if the requester is properly identified and is acting in the course of employment for a governmental entity.
(b) Information may be released to a casual requester either in person or by mail and as soon as the information request is processed if the requester is properly identified and has satisfied the department that the information is required without delay to comply with a regulation, rule of court or federal or state statute, and the applicant has furnished the information required by section 350.36(a)(5).
(c) Information may be released to a casual requester who is requesting information pursuant to section 1808.22(a), 1808.22(b), 1808.22(c), 1808.23(a), 1808.23(b), or 1808.23(c), either in person or by mail, and as soon as the information request is processed provided that the applicant has furnished the department with the information required or by the specific subdivision which permits the request.
(d) Information may be released to a casual requester either in person or by mail and as soon as the information request is processed if the requester is properly identified and has satisfied the department that the information is from applicant's own record or from the record of a spouse or minor child when the department's record reflects the same residence address for the subject of record and the requester.
(e) Except as provided in subdivisions (a), (b), (c), and (d) information shall be released by mail to a casual requester, but not until ten (10) working days from the date the request is received at the department's Information Services Branch. Whether or not release of the information is delayed, the department shall furnish the person to whom the information relates with the name of the person making the request and the identity of the information requested. The address of the person requesting the information shall not be disclosed to the person to whom the information relates.
(f) If, during the ten (10) day period referred to in subdivision (e), the department's Office of Information Services receives a written objection to the release of the information from the person to whom the information relates, the department may further delay the release of the information for as long as is necessary to evaluate the objection. If the department determines that the public interest in withholding the information outweighs the public interest in releasing the information, then the information shall not be released. If the information is not released, both the requester and the person to whom the information relates shall be notified, in writing, about the decision to withhold the information. If the department determines that the public interest in releasing the information outweighs the public interest in withholding the information, the information shall be released but only after the person making the objection is notified that the department intends to release the information.
(g) Whether the request for information is received by mail or in person, the information approved for release to a casual requester may be mailed to the requester at the address furnished by the requester.
(h) Residence address information shall be deleted from copies of nonelectronically stored records before such copies may be released to any person other than a governmental entity. Copies of nonelectronically stored records shall not be released to those entities defined as the public pursuant to section 350.02(o).
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.47, 1810, 1810.7, 1811, 1808.22 and 1808.23, Vehicle Code; Section 1798.26, Civil Code; Section 6255, Government Code; and Section 1, Ch. 1213, Stats. 1989.
s 350.42. Use of Information.
Any use of the information for a purpose other than the use stated in the approved application for a requester code or in the approved information request is prohibited.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46, 1808.47, 1810, 1810.7 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
s 350.44. Cost of Information.
(a) Information shall be furnished to a governmental entity without charge.
(b) Nongovernmental Commercial Requester Account holders shall be charged for information according to the following schedule:
(1) Two dollars ($2) for each record requested electronically.
(2) Five dollars ($5) for each record requested in writing or by telephone.
(3) Twenty dollars ($20) for each copy of a nonelectronically stored record.
(4) One hundred dollars ($100) per thousand records for a bulk request for all records which meet a specified criteria not related to a specific person or vehicle.
(c) Casual requesters shall be charged for information according to the following schedule:
(1) Five dollars ($5) for each computer printout.
(2) Twenty dollars ($20) for each copy of a nonelectronically stored record.
(3) One hundred dollars ($100) per thousand records for a bulk request for all records which meet a specified criteria not related to a specific person or vehicle.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1811 and 1812, Vehicle Code; and Section 1798.26, Civil Code.
s 350.46. Payment for Information.
(a) Nongovernmental Commercial Requester Account holders shall be billed monthly, in arrears, for information requested by the Commercial Requester Account holder and processed by the department. The bill shall be payable, in full, upon receipt. If any amount remains unpaid sixty (60) days after the invoice date, the Commercial Requester Account holder's requester codes shall be revoked unless the Commercial Requester Account holder disputes the amount of the bill, in writing, within thirty (30) days of the invoice/date. If the amount of the bill is disputed, the Commerical Requester Account holder's requester codes shall not be revoked until thirty (30) days after the department confirms the amount of any disputed bill and rebills the Commercial Requester Account holder.
(b) Casual requesters shall pay in cash, money order, or check at the time the request for information is submitted to the department.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.48. Retention of Records.
(a) The department shall retain a record of each request for information from a casual requester for a period of ninety (90) days from the date the request is received, and from a preapproved requester for a period of two (2) years for the date the request is received. The record retained may indicate whether the request was granted, in whole or in part, and may identify the information released, if any.
(b) Each requester code holder authorized to resell information to another requester shall maintain a monthly record of each request for information for a period of five (5) years from the date of the request, showing the date of the date of the request, the type of information requested (vehicle or vessel registration, drivers license, financial responsibility, or occupational licensing), the identity of the end user including indirect requesters, and identify the proposed use of information as approved by the department, in that order.
(c) Each requester code holder who is requesting or receiving confidential information, but who is not reselling the confidential information, shall maintain a monthly record of each request for information for a period of two (2) years from the date of the request, showing the date of the request, the requester code of the person making the request to the department, the type of information requested (vehicle or vessel registration, drivers license, financial responsibility, or occupational licensing), points of identification used for the request (e.g., license number and date of birth), and the purpose of the request, in that order.
Note: Authority cited: Section 1798.26, Civil Code; Sections 1651 and 1810, Vehicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.46, 1810 and 1811, Vehicle Code; and Driver's Privacy Protection Act (18 U.S.C., Section 2721).
s 350.50. Inspection of Records.
(a) Each requester code holder shall keep the records retained pursuant to sections 350.48 and 350.18(b)(4) at the business address listed on the requester code holder's application for a requester code.
(b) The place of business shall be open to an electronic or manual audit of the records required to be retained during normal business hours, immediately upon request from the department or the department's representative.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.46, 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 350.52. Refusal, Suspension or Revocation of Requester Codes.
(a) The department may suspend or revoke a requester code or an on-line access special permit, may refuse to issue a requester code or on-line access special permit, or may refuse to approve access to confidential address information, after notice and opportunity to be heard, for any of the following reasons:
(1) The application is incomplete.
(2) The applicant requests access to residence address information when not authorized such access pursuant to statute, regulation, or rule of court.
(3) Based on the applicant's stated purpose for requesting information, the department determines that the public interest in withholding the information outweighs the public interest in releasing the information.
(4) The information on the application for a requester code is incorrect, false, misleading, or identifies an intended misuse of the information requested.
(5) The applicant, or a representative of the applicant, was previously the holder or a managerial employee of the holder of a requester code revoked for cause and never reissued by the department, or suspended for cause and the terms of the suspension are not fulfilled. For the purposes of this subdivision, a representative means a proprietor, limited or general partner, a managerial employee, or a director or officer active in the management, direction, or control of the business of the requester code holder. A managerial employee is any person who exercises managerial control over the business of a requester code holder.
(6) The holder, or any employee of the holder, used information received from the department for a purpose other than the purpose stated in the holder's application for a requester code.
(7) The bond required pursuant to section 350.24 is canceled and a replacement bond is not filed with the department prior to the cancellation.
(8) The holder submitted a check, draft, or money order to the department, that was thereafter dishonored when presented for payment.
(9) The holder sold or otherwise delivered information obtained from the department to a person other than the requester code holder for whom the information was obtained except as provided for in section 350.18(b)(6).
(10) The holder failed to pay for information received from the department.
(11) The holder or any representative of the holder represented to any person that the holder or such representative as an officer, agent or employee of the department.
(12) The holder published any false or misleading advertising related to the purchase of information from the department.
(13) The holder used the DMV logogram in any advertising or other materials used in the business of the holder. If the holder uses the DMV logogram in any advertising, the advertising shall neither state nor infer that there is any official connection between DMV and the advertiser or that DMV has sanctioned or approved of either the advertisement or the advertiser's services.
(14) The holder violated any of the provisions contained in this article.
(b) The notice and hearing provided for in this section shall be conducted pursuant to chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code.
(c) This section shall remain in effect only until October 1, 2000, and as of that date is repealed.
(d) From October 1, 1998 through September 30, 2000, provisions of this section shall apply only to requester codes issued or renewed on or before October 1, 1998.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
s 350.53. Surrender of Records.
(a) Upon termination of a requester account agreement, the holder shall surrender to the department all records retained pursuant to sections 350.48 and 350.18(b)(4). The records shall be delivered to the department's Office of Information Services in Sacramento not later than the end of the third departmental business day following the date of termination of the agreement.
(b) Whenever notification is made pursuant to section 350.16(b) of any permanent determination of the need for information, all records retained pursuant to sections 350.18(b)(4) and 350.48 shall be delivered with the notification to the department's Office of Information Services in Sacramento.
(c) The department shall provide a no fee copy of the surrendered records to the account holder not later than 60 days from the date of surrender, provided that the account holder requests a copy, in writing, at the time of surrender.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.2 and 1810.7, Vehicle Code; and Section 1798.26, Civil Code.
s 350.54. Temporary Suspension of a Requester Code.
(a) The department may, pending a hearing, temporality suspend the requester code issued to any person, for a period not to exceed thirty (30) days, if the director finds that such action is required in the public interest. In any such case the director shall give the requester code holder an opportunity to appear before the director, either in person or by telephone to argue informally against the temporary suspension. If the director sustains the temporary suspension, the hearing shall be held and the decision rendered within thirty (30) days of the date of the temporary suspension.
(b) This section shall remain in effect only until October 1, 2000, and as of that date is repealed.
(c) From October 1, 1998 through September 30, 2000, provisions of this section shall apply only to requester codes issued or renewed on or before October 1, 1998.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
s 400.00. Licenses.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1651, 11100, 11104, 11105 and 11105.5, Vehicle Code.
s 400.10. Applications.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652, 11100, 11102, 11102.5, 11104, 11105, 11105.1 and 11105.5, Vehicle Code.
s 400.15. Insurance Requirements.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652 and 11103, Vehicle Code.
s 400.20. Place of Business.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 320, 1651, 11102, 11105.2 and 11113, Vehicle Code.
s 400.25. Driver Education Courses for Minors.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 11113, Vehicle Code.
s 400.27. Certificates of Completion for Minors.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 1652, 11108, 11113 and 12507, Vehicle Code.
s 400.30. Equipment.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11102 and 11109, Vehicle Code.
s 400.40. Advertising.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11110, Vehicle Code.
s 400.45. Instruction.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11113 and 12507, Vehicle Code; and Section 51220, Education Code.
s 401.00. Subject Matter of Driving Instructor Training Course.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11102.5, 11104 and 11113, Vehicle Code.
s 401.01. Length of Driving Instructor Training Course.
Note: Reference: Sections 11102.5 and 11104, Vehicle Code.
s 401.02. Departmental Approval of Instructor Training Course.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Section 11113, Vehicle Code.
s 401.03. Course Monitoring by Department.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 1651 and 11113, Vehicle Code.
s 401.04. Proof of Satisfactory Completion.
Note: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sections 11104 and 11113, Vehicle Code.
s 401.05. Continuing Professional Education.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11105 and 11105.1, Vehicle Code.
s 401.10. Definition.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12660, Vehicle Code.
s 401.12. Driving School Authorizations.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12660, Vehicle Code.
s 401.14. Description of Limitations.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 401.16. Applications.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 401.18. Verification of Name and Birthdate.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 401.20. Examinations.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 401.22. Grounds Requiring Refusal.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12661 and 12805, Vehicle Code.
s 401.24. Issuance, Content and Disposition.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 401.26. Cancellations.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 401.28. Fees and Purchasing.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12660 and 12661, Vehicle Code.
s 401.30. Forms and Accountability.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 401.32. Records Maintenance and Confidentiality.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Section 12661, Vehicle Code.
s 401.34. Notice and Hearing.
Note: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sections 12660 and 12661, Vehicle Code.
s 402.00. "Advertising" Defined.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Vehicle Code.
s 402.01. "Dealer's Cost" Defined.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11713 and 11713.1, Vehicle Code.
s 402.02. "Demonstrator" Defined.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665 and 11713, Vehicle Code.
s 402.03. "Manufacturer's Suggested Total Price" Defined.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11713 and 24014, Vehicle Code; and 15 U.S.C.S. 1231 et seq.
s 402.04. Applicability.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Vehicle Code.
s 403.00. Advertisements.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
s 403.01. Vehicle Description.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665, 11614, 11713, 11713.1 and 11713.5, Vehicle Code.
s 403.02. Vehicle History.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
s 403.03. Vehicle Condition.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11615 and 11713, Vehicle Code.
s 403.04. Vehicle Availability.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11713, 11713.1 and 11713.3, Vehicle Code.
s 403.05. Vehicle Equipment.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11615 and 11713, Vehicle Code.
s 403.07. Returned Vehicles.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11613, 11614, 11705 and 11713, Vehicle Code.
s 403.08. Incentive Advertising.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
s 404.00. Dealer Price.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11713 and 11713.1, Vehicle Code.
s 404.01. Manufacturer's or Distributor's Price.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code; and 15 U.S.C.S. 1231, et. seq.
s 404.02. Savings Claims.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
s 404.03. Dealer Added Charges.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713.1, Vehicle Code.
s 404.04. Rebates.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713, Vehicle Code.
s 404.05. Financing.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, 11705 and 11713, Vehicle Code; and Section 2981, et. seq., Civil Code.
s 404.06. Down Payment.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.
s 404.07. Trade-In Allowances.Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713, Vehicle Code. (continued)