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s 404.08. Identity of Dealer or Lessor-Retailer.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.


s 404.09. Qualifying Statements.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 and 11713, Vehicle Code.


s 405.01. Description of Vehicle.



s 405.02. Ownership History.



s 405.03. Vehicle Condition.



s 405.04. Vehicle Equipment.



s 405.05. Vehicle Availability.



s 405.06. Vehicle Price.



s 405.07. Trade-In Allowances.



s 405.08. Terms.



s 405.09. Identity of Dealer, Distributor or Manufacturer.



s 406.00. Place of Business.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11709 and 11713, Vehicle Code.


s 407.00. Change of Location.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11709 and 11712, Vehicle Code.


s 408.00. Signs or Devices.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11709, Vehicle Code.


s 409.00. Display Area.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11705 and 11709, Vehicle Code.


s 410.00. Business Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Vehicle Code.


s 410.01. Location of Business Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Vehicle Code.


s 411.00. Place of Business.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11701 and 11713, Vehicle Code.


s 411.01. Pertinent Books and Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 11701, Vehicle Code.


s 412.00. Place of Business.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11701 and 11713, Vehicle Code.


s 412.01. Types of Licenses.



s 412.02. Issuance of Vehicle Transporter's License.



s 413.01. Place of Business.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11513 and 11514, Vehicle Code.


s 413.02. Signs and Devices.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11514, Vehicle Code.


s 413.03. Dismantling Area.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 11501 and 11509, Vehicle Code.


s 413.05. Dismantler Report Forms.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11505 and 11520, Vehicle Code.


s 413.06. Acquisition of Cleared Vehicles.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 221 and 11520, Vehicle Code.


s 413.07. Business Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 11520, Vehicle Code.


s 413.08. Location of Business Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Vehicle Code.


s 414.00. Occupational License Application Requirements.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11102, 11102.5, 11104, 11501, 11601, 11602, 11701 and 11704, Vehicle Code.


s 414.01. Time Requirements for Submitting Application.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11100, 11500, 11600 and 11700, Vehicle Code.


s 414.10. Business License Definition.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11500, 11600 and 11700, Vehicle Code.


s 414.20. Business License Application Requirements.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11501, 11504, 11601, 11602, 11701, 11704 and 11712, Vehicle Code.


s 414.30. Time Requirements for Any Change in License.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11704 and 11721(d), Vehicle Code.


s 414.40. Branch Location Application Requirements.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 3062, 9262, 9550, 11704 and 11712, Vehicle Code.


s 414.50. Dealer Branch Location Definition.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and 11709, Vehicle Code.


s 414.60. Dismantler Branch Location Definition.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 220 and 320, Vehicle Code.


s 415.00. Surety Bond for Engine Rebuilders.



s 415.01. Regulations.



s 415.02. When Sold Accompanied by Bill of Sale.



s 416.00. Unlawful Act Without Permit.



Note: Authority cited: Section 1651, Vehicle Code.


s 416.01. Application for Permit.



s 416.02. Authority to Issue or Refuse Permit.



s 416.03. Authority to Temporarily Suspend Permit.



s 416.04. Authority to Suspend or Revoke Permit.



s 416.05. Authority to Issue Probationary Permit.



s 416.06. Change of Address.



s 416.07. Automatic Cancellation.



s 417.00. Effect of Action Against Permit.



s 417.01. Surrender of Permit.



s 417.02. Causes of Action Against Permit.



s 418.00. Unlawful Acts.



s 420.00. Monetary Penalties.



Note: Authority cited: Sections 1651, 11509.1 and 11707, Vehicle Code. Reference Sections 11509.1 and 11707, Vehicle Code.


s 421.00. Notices of Suspension.



Note: Authority cited: Section 1651, Vehicle Code. Reference Sections 11105, 11506, 11606 and 11718, Vehicle Code.


s 422.01. Administrative Fees for Returned Checks.
(a) The department shall assess an administrative fee of thirty dollars ($30) for each check submitted to the department as payment of any fee or obligation if that check is returned as dishonored from the financial institution from which the check is drawn.
(b) The administrative fee shall be added to the fee or other obligation for which the check was submitted, and that fee or obligation shall not be considered paid until the entire amount is paid.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 6157, Government Code; and Sections 9558 and 34672, Vehicle Code.


s 423.00. Fee Adjustment.
(a) Vehicle Code section 1678 requires the department on January 1, 2005, and every January 1 thereafter, to adjust specified fees by increasing each fee in an amount equal to the increase in the California Consumer Price Index for the prior year, as calculated by the Department of Finance with amounts equal to or greater than fifty cents ($0.50) rounded to the next highest whole dollar.
(1) Effective January 1, 2005, the following fees authorized under the following statutes shall be changed to:
(A) Sixteen dollars ($16) for fees authorized under Vehicle Code sections 4604(b), 5014(f), 5036, 6700.25(e), 9102.5(a), 9102.5(c), 9252(a), 9254, 9258, 9261(a), 9261(b), 9261(c), 9261(d), 9265(a), 9265(b), 9702, 11515, 11515.2, 38121(b), 38232, 38255(a), 38255(b), 38255(c), 38260, and 38265(a); Code of Civil Procedure sections 488.385(b) and (c); and Revenue and Taxation Code section 10902(c).
(B) Twenty dollars ($20) for fees authorized under Vehicle Code section 14901.
(C) Twenty-one dollars ($21) for fees authorized under Vehicle Code section 14902(a).
(D) Twenty-five dollars ($25) for noncommercial driver license fees authorized under Vehicle Code sections 12814.5(d), 14900(a), and 14900.1(a).
(E) Thirty-five dollars ($35) for fees authorized for commercial driver license renewal or noncommercial firefighter driver license renewal under Vehicle Code section 12814.5(d).
(2) Effective January 1, 2006, the following fees authorized under the following statues shall be changed to:
(A) Ten dollars ($10) for fees authorized under Vehicle Code section 9250.8(a) and (b).
(B) Thirteen dollars ($13) for fees authorized under Vehicle Code section 9250.13(a)(1) and (2).
(C) Twenty-six dollars ($26) for noncommercial driver license fees authorized under Vehicle Code sections 12814.5(d), 14900(a) and 14900.1(a).
(D) Thirty-six dollars ($36) for fees authorized for commercial driver license renewal or noncommercial firefighter driver license renewal under Vehicle Code section 12814.5(d).



Note: Authority cited: Sections 1651 and 1678, Vehicle Code. Reference: Sections 1678, 4604, 5014, 5036, 6700.25, 9102.5, 9250.8, 9250.13, 9252, 9254, 9258, 9261, 9265, 9702, 11515, 11515.2, 12814.5, 14900, 14900.1, 14901, 14902, 38121, 38232, 38255, 38260 and 38265, Vehicle Code; Section 488.385, Code of Civil Procedure; and Section 10902, Revenue and Taxation Code.


s 425.01. Administrative Fee for Vehicle Code Book.
(a) The department shall assess an administrative fee of seven dollars ($7) for each Vehicle Code book as payment of the entire cost of publishing the code.
(b) The purchaser of the Vehicle Code book will be responsible for any actual shipping costs, which shall be added to the administrative fee for the cost of publishing the code, and that fee or obligation shall not be considered paid until the entire amount is paid.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 1656(a), Vehicle Code.


s 430.00. Fee for Recording Notice of Delinquent Parking Violation.
Pursuant to Section 4763 of the Vehicle Code, the department shall assess on the processing agency a fee of $3.00 for each notice of delinquent parking violation filed with the department according to Section 40220 of the Vehicle Code.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 4763, Vehicle Code.


s 431.00. Fee for Recording Notice of Delinquent Toll Evasion Violation.
Pursuant to Section 4773 of the Vehicle Code, the department shall assess on the processing agency a fee of $3.00 for each notice of delinquent toll evasion violation filed with the department according to Section 40267 of the Vehicle Code.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 4773, Vehicle Code.


s 440.00. Administrative Adjudication Proceedings.
In all administrative adjudication proceedings conducted by or on behalf of the Department of Motor Vehicles, the following provisions shall control:
(a) Alternative dispute resolution proceedings, to include mediation and arbitration, shall not be used.
(b) The hearing officer, administrative law judge or other presiding officer shall not be subject to peremptory challenge.
(c) Declaratory decisions shall not be issued.
(d) No order for monetary sanctions or the payment of expenses, including attorney's fees, incurred by another party, shall be effective until the order is adopted or entered by the Director of Motor Vehicles or his or her designee.



Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 11420.10, et seq., 11425.40(d), 11455.10, et seq. and 11465.20(b), Government Code.


s 440.02. Occupational License Definition.
For purposes of administrative adjudication proceedings and disciplinary actions an occupational license includes the following:
(a) A business license issued by the department to any of the following categories: Dealer, lessor-retailer, dismantler, manufacturer, remanufacturer, distributor, driving school, traffic violator school, registration service, all-terrain vehicle safety training organization, or transporter.
(b) An individual license issued by the department to any of the following individuals: salesperson, driving school operator or instructor; traffic violator school administrator, operator, or instructor; vehicle verifier, all-terrain vehicle safety instructor, or a representative.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11100, 11200, 11300, 11400, 11500, 11600, 11700, 11800 and 11900, Vehicle Code; and Section 11400.20, Government Code.


s 440.04. Occupational Licensing and Disciplinary Guidelines.
In reaching a decision on a licensing or disciplinary action under Division 5 of the Vehicle Code and the Administrative Procedure Act (Government Code section 11400, et seq.), the Director of Motor Vehicles or his or her designee shall consider the guidelines entitled "Occupational Licensing and Disciplinary Guidelines" (Rev. 3/98), which are hereby incorporated by reference, and any and all other sanctions provided by relevant statutes and regulations. Deviation from these guidelines and orders, including standard terms of probation, is appropriate where the Director or his or her designee, in his or her sole discretion, determines that the facts of the particular case warrant such a deviation, for example, the presence of mitigating factors, the age of the case, and evidentiary problems.



Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 11340.5 and 11425.50(e), Government Code; and Sections 11100 through 11909, Vehicle Code.


s 450.00. Benefits Subject to Federal Eligibility Requirements.
The department has determined that Occupational Licenses, Motor Carrier Permits, Commercial Driver Licenses, Non-Commercial Firefighter Driver License, School Bus Certificates, School Pupil Activity Bus Certificates, Youth Bus Certificates, General Public Paratransit Vehicle Certificates, Vehicle for Developmentally Disabled Persons Certificates, Ambulance Certificates, California Tow Truck Driver Clearances, Hazardous Agricultural Materials/Wastes Transportation Verifications, Verification of Transit Training Documents, and Farm Labor Certificates are the benefits provided by the department which are subject to the eligibility requirements imposed by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193 (PRWORA)) (8 U.S.C. s 1621 et seq.). These licenses, permits, clearances, verifications, and certificates will hereafter be referred to as PRWORA benefit(s).



Note: Authority cited: Section 1651, Vehicle Code. Reference: 8 U.S.C. Sections 1621, 1641, and 1642; U.S.C. Section 2000d et seq., and Divisions 5,6 and 14.85, Vehicle Code .


s 450.02. Limitations on PRWORA Benefits.
(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the individual applying for PRWORA benefits.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (8 U.S.C. s 1621), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 U.S.C. s 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)), for less than one year, are not eligible to receive an original or renewal PRWORA benefit, as set forth in the California Vehicle Code.
(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive a PRWORA benefit, is, under Section 431(b) and (c) of the PRWORA (8 U.S.C. s 1641(b) and (c)), any of the following:
(1) An alien lawfully admitted for permanent residence under the INA (8 U.S.C. s 1101 et seq.).
(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. s 1158).
(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. s 1157).
(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for a period of at least one year.
(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. s 1253(h)) (as in effect immediately before the effective date of Section 307 of division C of Public Law 104-208) or Section 241(b)(3) of such Act (8 U.S.C. s 1251 (b)(3)) (as amended by Section 305 (a) of division C of Public Law 104-208).
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980. (8 U.S.C. s 1153(a)(7)) (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment.")
(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. s 1522 note)).
(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the PRWORA benefit to be provided in the opinion of the department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable the alien to become self-sufficient following separation from the abuser.
(ii) The PRWORA benefit is needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.
(iii) The PRWORA benefit is needed due to a loss of financial support resulting from the alien's separation from the abuser.
(iv) The PRWORA benefit is needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
(v) The PRWORA benefit is needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The PRWORA benefit is needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The PRWORA benefit is needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.
(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:
(i) status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)(ii), (iii) or (iv)),
(ii) classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 1154(a)(1)(B)(ii) or (iii)),
(iii) cancellation of removal under 8 U.S.C. s 1229b as in effect prior to April 1, 1997,
(iv) status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)(i)) or classification pursuant to clause (i) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 1154(a)(1)(B)(i)), or
(v) cancellation of removal pursuant to section 240A (b)(2) of the INA (8 U.S.C. s 1229b(b)(2)).
(D) For the period for which the PRWORA benefit is sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) The alien did not actively participate in such battery or cruelty.
(C) There is a substantial connection between such battery or cruelty and the need for the PRWORA benefit to be provided in the opinion of the department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable the alien's child to become self-sufficient following separation from the abuser.
(ii) The PRWORA benefit is needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.
(iii) The PRWORA benefit is needed due to a loss of financial support resulting from the alien's child's separation from the abuser.
(iv) The PRWORA benefit is needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
(v) The PRWORA benefit is needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The PRWORA benefit is needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The PRWORA benefit is needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which the PRWORA benefit is sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the PRWORA benefit to be provided in the opinion of the department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable the alien child's parent to become self-sufficient following separation from the abuser.
(ii) The PRWORA benefit is needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
(iii) The PRWORA benefit is needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
(iv) The PRWORA benefit is needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
(v) The PRWORA benefit is needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The PRWORA benefit is needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The PRWORA benefit is needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(C) The alien child meets the requirements of subsection (c) (8) (C) above.
(d) For purposes of this section, "nonimmigrant" is defined the same as in Section 101(a)(15) of the INA (8 U.S.C. s 1101(a)(15)).
(e) For purposes of establishing eligibility for a PRWORA benefit, pursuant to the California Vehicle Code, all of the following must be met:
(1) The applicant must declare himself or herself to be a citizen of the United States, or a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for a period of at least one year under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)).
(A) The applicant shall declare his or her eligibility status through use of a benefit eligibility statement given under penalty of perjury on a department issued application form appropriate to the PRWORA benefit being sought.
(B) The appropriate application form issued by the department must be one of the following: the Driver License Application, DL-44 (Rev. 3/98) or DL-44S (Rev. 3/98); the California Special Driver Certificate, DL-45 (Rev. 3/98); the California Tow Truck Driver Clearance, DL-64 (Rev. 3/98); the Hazardous Agricultural Materials/Waste Transportation Verification of Training, DL-267 (Rev. 3/98); the Driver License Renewal Notices, DL-1 RN (Rev. 4/98), DL-1 RNCH (Rev. 4/98), DL-1 RNF (Rev. 4/98), DL-1 RNFS (Rev. 4/98), DL-1 RNFH (Rev. 4/98), DL-1 RNFSH (Rev. 4/98), DL-1RNBEC (Rev. 4/98), DL-1RNBECH (Rev. 4/98), DL-1RNBECFF (Rev. 4/98), DL-1RNBEF (Rev. 4/98), DL-1RNBEFS (Rev. 4/98), DL-1RNBEFH (Rev. 4/98), DL-1RNBEFSH (Rev. 4/98), DL-1 RNBEFFF (Rev. 4/98), DL-1 RNBEFFFS (Rev. 4/98); the Driver License Renewal Notices (Congratulatory) DL-73 (Rev. 4/98), DL-73S (Rev. 4/98), DL-73BE (Rev. 4/98), DL-73BES (Rev. 4/98), DL-6 BEC (Rev. 4/98), DL-6 BEF (Rev. 4/98), DL6 BEFS (Rev. 4/98); the Driver License Renewal Notices (Mag Strip Conversion) DL-73M (Rev. 4/98), DL-73MC (Rev. 4/98), DL-73MS (Rev. 4/98), DL-73MF (Rev. 4/98), DL-73MFS (Rev. 4/98), DL- 73BEMC (Rev. 4/98), DL-73BEMF (Rev. 4/98), DL-73BEMFS (Rev. 4/98), and the Driver License Renewal by Mail Notices DL-6C (Rev. 4/98), DL-6F (Rev. 4/98), DL-6FS (Rev. 4/98); the Application for Occupational License OL-16 (Rev. 3/98), and OL-29 (Rev. 3/98); the Application for Renewal of an Occupational License OL-45 (Rev. 3/98), the Applications for Renewal OL-603 (Rev. 3/98), for a Vehicle Dealer License, Lessor- Retailer, Manufacturer, Re-Manufacturer, Distributor, Transporter, Dismantler, Driving School, and Registration Service; the Applications for Renewal OL-44 (Rev. 3/98), for a Vehicle Verifier Permit, Driving School Instructor, Driving School Operator, Independent Instructor, Manufacturer Representative, and Distributor Representative; and the Application for Motor Carrier of Property Permit DMV 706 MCP (Rev. 4/98) which are hereby incorporated by reference.
(2) If the applicant is a U.S. citizen he or she must present valid U.S. citizenship documents, or if the applicant is an alien he or she must present documents of a type acceptable to the Immigration and Naturalization Service (INS) which serve as reasonable evidence of the applicant's declared alien status. The specific documents which the department will accept for proof of eligibility under PRWORA can be found in the department issued document entitled Driver and Occupational Licensing Eligibility Documents, FFDL-20 (New. 3/98), which is hereby incorporated by reference.
(3) Where authorized by the INS, the documentation presented by an alien as reasonable evidence of the alien's declared immigration status will be submitted to the INS for verification through the Systematic Alien Verification for Entitlements (SAVE) system procedures as follows:
(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification must be used to access the biographical/immigration status computer record contained in the Alien Status Verification Index (ASVI) maintained by the INS. Subject to subparagraph (B), this procedure must be used to verify the status of all aliens who claim to be qualified aliens and who present an INS issued document that contains an alien registration or alien admission number.
(B) In any of the following cases, the secondary SAVE system verification procedure must be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)), for less than one year:
(i) The primary SAVE system is unavailable for verification.
(ii) A primary check of the ASVI instructs the department to "institute secondary verification."
(iii) The document presented indicates immigration status but does not include an alien registration or alien admission number.
(iv) The ASVI record includes the alien registration or admission number on the document presented by the alien but does not match other information contained in the document.
(v) The document is suspected to be counterfeit or to have been altered.
(vi) The document includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(vii) The document is a fee receipt from INS for replacement of a lost, stolen, or unreadable INS document.
(viii) The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for a PRWORA benefit.
(4) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document should be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The department will request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original INS documents, or presents expired INS documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.
(5) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien under PRWORA, the INS verification should be accepted. If the INS advises that it cannot verify that the applicant has citizenship status, or an immigration status that makes him or her a qualified alien, the PRWORA benefit should be denied and the applicant notified pursuant to the department's regular procedures of his or her rights to appeal the denial of the PRWORA benefit.
(6) Provided that the alien has completed and signed a PRWORA eligibility statement under penalty of perjury on the appropriate application form and provided documents of a type acceptable to the INS which serve as reasonable evidence of the applicant's declared status, eligibility for a PRWORA benefit shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(f) Pursuant to Section 434 of the PRWORA (8 U.S.C. s 1644), where the department reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien should be reported to the Immigration and Naturalization Service.



Note: Authority cited: Section 1651, Vehicle Code. Reference: 8 U.S.C. Sections 1621, 1641, and 1642; and U.S.C. Section 2000d et seq.


s 450.04. Terms of Issuance and Restrictions.
(a) The department may issue a temporary PRWORA benefit provided there is no other cause for refusal pending verification of documents submitted as proof of eligibility, or to allow applicants sufficient time to provide such documents when they have completed and signed a PRWORA eligibility statement. The temporary PRWORA benefit is valid for up to 120 days and the department may extend the temporary PRWORA benefit, if the applicant provides evidence that he/she is in the process of obtaining proof of eligibility.
(b) The department may refuse to accept an application for a PRWORA benefit, if the applicant has not provided one of the documents required by Section 450.02 to establish proof of PRWORA eligibility.



Note: Authority cited: Section 1651, Vehicle Code. Reference: 8 U.S.C. Sections 1621, 1641, and 1642.



s 450.06. Appeals Hearings.
(a) The department shall provide for an appeal hearing from the denial of a Commercial Driver License, Non-Commercial Firefighter Driver License, School Bus Certificates, School Pupil Activity Bus Certificates, Youth Bus Certificates, General Public Paratransit Vehicle Certificates, Vehicle for Developmentally Disabled Persons Certificate, Ambulance Certificate, California Tow Truck Driver Clearance, Hazardous Agricultural Materials/Wastes Transportation Verification, Verification of Transit Training Document, or a Farm Labor Certificate. The hearing shall be held in accordance with Article 3 (commencing with Section 13800 or 14100) of Chapter 3 of Division 6 of the Vehicle Code.
(b) The department shall provide for an appeal hearing from the denial of an occupational license or motor carrier permit. The hearing shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The only issue at the hearings shall be whether the department has acted properly in refusing to issue a temporary or permanent PRWORA benefit based on a failure to provide the documentation establishing PRWORA eligibility as required by Section 450.02.



Note: Authority cited: Section 1651, Vehicle Code. Reference: 8 U.S.C. Sections 1621, 1641, and 1642; and Sections 11107, 11211, 11217, 11302, 11408, 11509, 11605, 11705, 11808, 11903, 12506, 12507.1, 12800(j) and 34623, Vehicle Code.


s 450.08. Bond Requirements with an Application for Original Occupational License For a Registration Service.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401 and 11402, Vehicle Code.


s 450.10. Certification Required with an Application for an Original Registration Service License.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11403, Vehicle Code.


s 450.12. Temporary Permit and License Issuance and Posting.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11400 and 11404, Vehicle Code.


s 450.14. Renewal of a Registration Service License.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11409 and 11410, Vehicle Code.


s 450.16. Change of Business or Corporate Name.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11402 and 1409, Vehicle Code.


s 450.18. Addition of a Branch Office or Change of Address.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11409, Vehicle Code.


s 450.20. Employee Changes.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.


s 450.21. Change of Ownership.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11490, Vehicle Code.


s 450.22. Change in Corporate Officer Structure.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401 and 11409, Vehicle Code.


s 450.24. Signs.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.


s 450.26. Advertising.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 25 and 11405, Vehicle Code.


s 450.28. Additional Services Provided.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11400, Vehicle Code.


s 450.30. Compensation Received by a Registration Service.



Note: Authority cited: Section 1651, Vehicle Code. Reference: 11406, Vehicle Code.


s 450.32. Submitting Fees and Documents to the Department.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.


s 450.34. Subcontracting and Responsibility.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11406, Vehicle Code.


s 450.38. Withholding Documents or Operating Authority.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11405, Vehicle Code.


s 450.40. Release of Information.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.


s 450.42. Information for Clients.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.


s 450.44. Listing Sheet for Transmitting Registration Documents.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.


s 450.46. Incomplete Transactions.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.


s 450.48. Maintenance and Inspection of Business Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.


s 450.50. Electronic Maintenance of Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406 and 11407, Vehicle Code.


s 450.52. Registration Service Voluntarily Out of Business.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11407, Vehicle Code.


s 450.54. Refusal to Issue, Suspension, Revocation or Cancellation of a License.



Note: Authority cited: Sections 1651, Vehicle Code. Reference: Section 11405 and 11408, Vehicle Code.


s 450.56. Notices of Suspension.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11408, Vehicle Code.


s 450.58. Surrender of Records.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11405 and 11408, Vehicle Code.


s 450.60. Certificate of Convenience.



Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.


s 550. Definitions.
For the purposes of these rules:
(a) "Board" means the New Motor Vehicle Board.
(b) "Department" means the Department of Motor Vehicles of the State of California.
(c) "Director" means the director of the department.
(d) "Executive Director" means the chief executive officer of the board.
(e) Unless otherwise designated, the words "respondent," "appellant" or "party" mean the real party in interest.
(f) "Party" includes the petitioner, respondent, department, appellant or director.
(g) "Petitioner" means any person, including a board member seeking consideration by the board under subsection (c) of section 3050 of the Vehicle Code of a matter involving a person applying for or holding a license as a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch or representative.
(h) "Respondent" means any licensed new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch or representative as defined in sections 426, 672, 389, 296, 297 and 512, respectively, of the Vehicle Code.
(i) "Manufacturer" means any new motor vehicle manufacturer or manufacturer branch required to be licensed pursuant to Article 1 (commencing with section 11700) of Chapter 4 of Division 5 of the Vehicle Code.
(j) "Distributor" means any new motor vehicle distributor or distributor branch required to be licensed pursuant to Article 1 (commencing with section 11700) of Chapter 4 of Division 5 of the Vehicle Code.
(k) "Protestant" means any licensed new motor vehicle dealer as defined in section 426 of the Vehicle Code.



Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3050-3058, Vehicle Code; and Section 472(b), Business and Professions Code.


s 550.10. Application of Subchapter.
Application of this subchapter is subject to the limitations as set forth insection 3051 of the Vehicle Code.



Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3051, Vehicle Code.


s 550.20. Use of Certified Mail in Lieu of Registered Mail.
Any notice or other communication required by Chapter 6 of Division 2 of the Vehicle Code to be mailed by registered mail shall be deemed to be in compliance with the requirements of said Chapter if mailed by certified mail.



Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 29, 3052, 3057, 3058 and 3066-3068, Vehicle Code.


s 551. Authority.
The powers and duties of this board are set forth in Chapter 6 (commencing at Section 3000) of Division 2 of the Vehicle Code. Persons having matters to be considered by the board, or appeals to the board from actions or decisions of the Department of Motor Vehicles should refer to said Vehicle Code provisions under which these rules are adopted to govern procedural matters of the board. Reference is also made to the General Provisions of the Vehicle Code (commencing at Section 1), and Division 1 thereof (commencing at Section 100), and to the provisions of Chapter 5, Division 3, Title 2 of the Government Code (commencing with Section 11500 thereof).



s 551.1. Challenge.
An administrative law judge or board member shall voluntarily disqualify himself or herself and withdraw from any hearing or deliberation in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any administrative law judge or board member by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. Where the request concerns a board member, the issue shall be determined by the other members of the board. Where the request concerns the administrative law judge, the issue shall be determined by the board if the board itself hears the case with the administrative law judge, otherwise the issue shall be determined by the administrative law judge.



Note: Authority cited: Section 3050, Vehicle Code. Reference: Section 11723, Vehicle Code.


s 551.2. Subpoenas.
(a) Upon the request of any party, the executive director may, and at the direction of the board the executive director shall, issue a subpoena for the attendance of any person before the board, for the attendance and testimony of a deponent, or a subpoena duces tecum for the production of papers, records, and books by a witness or a deponent.
(b) The issuance of a subpoena for the attendance and testimony of a witness or for a subpoena duces tecum for the production of papers, records, and books for hearing shall be governed by the requirements set forth in Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure, excepting the provisions of subsection (c) of Section 1985, of that code. A copy of an affidavit shall be served with a subpoena duces tecum for hearing containing the information required by Code of Civil Procedure Section 1985(b).
(c) The issuance of a subpoena for the attendance and testimony of a non-party deponent or for a subpoena duces tecum for the production of papers, records, and books for deposition of a non-party shall be governed by the requirements set forth in Article 3 (commencing with Section 2016.010) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure, excepting the provisions of Section 2020.210, subdivisions (a) and (b) of that code. A subpoena dues tecum issued to a non-party deponent need not be accompanied by an affidavit or declaration showing good cause for the production of the business records designated in it.
(d) Following service of the subpoena upon the witness or deponent, the original subpoena and an executed proof of service shall be filed with the Board.



Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050.1(a), Vehicle Code.


s 551.5. Depositions.



Note: Authority cited: Section 3050, Vehicle Code. Reference: Section 11723, Vehicle Code.


s 551.6. Testimony by Deposition.
On verified petitions of any party, the board may order that the testimony of any material witness residing within or without the state be taken by deposition in the manner prescribed by law for depositions in civil actions. Petition shall set forth the nature of the pending proceedings; the name and address of the witness whose testimony is desired; the showing of the materiality of his or her testimony; a showing that the witness shall be unable or cannot be compelled to attend; and shall request an order requiring the witness to appear and testify before an officer named in the petition for that purpose. Where the witness resides outside the state and where the board has ordered the taking of his or her testimony by deposition, the board shall obtain an order of court to that effect by filing a petition therefor in the Superior Court in Sacramento County. The proceedings thereon shall be in accordance with the provisions of Section 11189 of the Government Code.



Note: Authority cited: Section 3050, Vehicle Code. Reference: Section 11723, Vehicle Code.


s 551.7. Reporting of Proceedings.
The board may, at its discretion, assign the cost of reporting any proceedings before the board, including, but not limited to, transcript fees, reporter's per diem costs, exhibits, pleadings, and reproduction of board files as follows:
(a) Allocated entirely to one of the parties; or apportioned among the various parties at the discretion of the board; or
(b) Assumed by the board, in whole or in part.



Note: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050(a), Vehicle Code.


s 551.8. Dismissals of Petitions, Appeals, and Protests.
(a) The board may, at its discretion, dismiss a petition for good cause shown. Good cause may include, but shall not be limited to, failure by the petitioner to comply with any of the following sections of Article 2: 554, 555, 556.
(b) The board may, at its discretion, dismiss an appeal from decisions of the departmentfor good cause shown. Good cause may include, but shall not be limited to, failure by the appellant to comply with any of the following sections of Article 3: 566, 567, 568, 569, 570, 571(a), 571(b), 571(d), 572(a), 572(b), 572(c), 573(a), 573(d). (continued)