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s 316.00. Notices of Suspension.
If an occupational license is actually suspended as a consequence of fraud, intentional or deliberate illegal activity which results in actual loss or damage to a consumer, or other intentional or deliberate misrepresentation and if the disciplinary order also places the license on probation, the order may include as a term or condition of probation that departmental employees be allowed to post two notices of suspension in places conspicuous to the public on each licensed location, main or branch, of the licensee during the period of suspension. Said notices shall be 24 inches wide by 14 inches high and shall be in substantially the following form:
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF SUSPENSION
THE DEALER'S LICENSE ISSUED FOR THESE
PREMISES HAS BEEN SUSPENDED FROM
________________ THROUGH ________________
BY ORDER OF THE DEPARTMENT OF
MOTOR VEHICLES FOR VIOLATION OF THE
VEHICLE DEALER'S LICENSING LAWS
Removal of this notice prior to termination of suspension or any representation to the effect that vehicle sales or purchases have been suspended for any reason other than by order of the Department shall be deemed a violation of the conditions of probation.
Note: Authority cited: Section 1651, Vehicle Code. Reference Sections 11105, 11506, 11606 and 11718, Vehicle Code.
s 320.00. Vehicle Registration Records.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Division 3, Vehicle Code.
s 320.01. Vessel Numbering and Registration Records.
s 320.02. Definitions.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 470, 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798, Civil Code.
s 320.03. Address Elements.
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 320.04. Information Access.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 320.05. Requester Code.
Note: Authority cited: Section 1798.26, Civil Code. Reference: Section 1798.26, Civil Code; and Section 1810, Vehicle Code.
s 320.06. Governmental Entity's Application for a Requester Code.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 320.07. Certification of Requests.
s 320.08. Assignment of Requester Codes, and Personal Identification Numbers to Governmental Entities.
Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1810 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
s 320.09. Withholding Information.
s 320.10. Governmental Entity's Request for Information.
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 320.11. Retention of Request for Information.
Note: Authority cited: Section 1798.26, Civil Code. Reference: Section 1798.26, Civil Code; and Section 1810, Vehicle Code.
s 320.12. Priority for Processing Governmental Requests.
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 320.13. Preliminary Investigation.
s 320.14. Release of Information to Governmental Entity.
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 320.16. Information Required on a Nongovernmental Application for a Requester Code.
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 320.18. Additional Requirements for a Nongovernmental Application for a Requester Code.
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 320.20. Certifications Required with Nongovernmental Applications for Access to Residence Address Information.
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 320.22. Fees Required with an Application for a Nongovernmental Requester Code.
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 320.24. Bond Requirements with an Application for a Nongovernmental Requester Code.
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; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
s 320.26. Assignment of Commercial Requester Accounts, Requester Codes, and Personnel Identification Numbers to Nongovernmental Entities.
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 320.28. Nongovernmental Requester Code Holder's Request for Information.
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 320.30. Priority for Processing Nongovernmental Requests.
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 320.32. Release of Information to Commercial Requester Account Holder.
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 320.34. Additional Security Requirements for On-Line Access.
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 320.36. Nonpreapproved Requests for Information.
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 320.38. Identification of Nonpreapproved Requesters.
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 320.40. Release of Information to Nonpreapproved Requester.
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 320.42. Use of Information.
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 320.44. Cost of Information.
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 320.46. Payment for Information.
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 320.48. Retention of Records.
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.
s 320.50. Inspection of Records.
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 320.52. Refusal, Suspension or Revocation of Requester Codes.
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 320.53. Surrender of Records.
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 320.54. Temporary Suspension of a Requester Code.
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 330.00. Definitions.
As used in this Article, the following definitions shall apply:
(a) Branch Office. Any business location where the books and records pertinent to the type of business are kept, other than the principal place of business, designated as a branch office by the holder of or an applicant for a registration service license.
(b) Client. Any person compensating a registration service for department work performed or to be performed.
(c) Mobile Office. A motor vehicle designated as the principal place of business or a branch office by the holder of or an applicant for a registration service license. A vehicle used solely to transport an employee or work materials to or from a work site is not a mobile office.
(d) Principal Place of Business. The business location where the books and records pertinent to the type of business are kept designated as the principal place of business by the holder of or applicant for a registration service license.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401, 11405 and 11406, Vehicle Code.
s 330.02. Information Required on a Registration Service Application for an Original License.
(a) A complete original application for a registration service occupational license shall be submitted to any departmental Occupational Licensing Inspections Office with the fee required by Section 11409 of the Vehicle Code and any surcharge assessed by the department pursuant to Section 11350.6(n) of the Welfare and Institutions Code.
(b) The application shall be submitted on an Application for Original Occupational License for Registration Service (Part A), Form OL 601 (11/00), provided by the department. Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section. The application shall include the following information:
(1) The full business name under which the registration service will do business.
(2) When a corporation, the true full name of the corporation.
(3) Whether the business is a sole proprietorship, partnership or corporation.
(A) When a corporation, the corporation shall have been authorized by the California Secretary of State to transact business in California.
(4) The true full name and title of the individual owner or each partner (except limited partners) or each stockholder with 10% or more interest in the business, and each director or officer participating in the direction, control or management of the business. This information shall be completed on a Corporate Declaration, Form OL 107 (REV 4/02). If the stockholder disclosed is a corporation, each stockholder with 10% or more interest in the business must be disclosed.
(5) The address and business telephone number for the principal place of business.
(A) The address shall be a street address and shall not be a post office box.
(B) Licensees located outside California must designate a California location as the principal place of business.
(6) The name, address and telephone number for the property owner of the principal place of business.
(7) Whether the principal place of business:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(8) The address and business telephone number for each branch office.
(A) The address shall be a street address and shall not be a post office box.
(9) The name, address and telephone number for the property owner of each branch office.
(10) Whether each branch office:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(11) A list of all persons employed or otherwise engaged by a registration service to perform registration work which shall include:
(A) The true full name and residence address.
(B) The birth date, sex, hair color, eye color, height and weight.
(C) The driver license or identification card number and the issuing state.
(D) The date employed.
(E) The owner shall designate those employees authorized to sign a transaction form in lieu of the owner or management.
(F) A statement signed under penalty of perjury under the laws of the State of California that the list contains all persons employed and that the owner accepts full responsibility for the actions of all employees listed.
(12) A statement signed and dated by the individual owner, all partners or a corporate officer, which certifies under penalty of perjury under the laws of the State of California that all the statements made on the application and all attachments to the application are true and that the applicant agrees to notify the department in writing, pursuant to Article 4.5 in Title 13 of the California Code of Regulations, of any change in location, ownership or legal structure of the business.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Welfare and Institutions Code. Reference: Sections 11400 and 11401, Vehicle Code; and Section 11350.6, Welfare and Institutions Code.
s 330.04. Additional Requirements for a Registration Service Application for an Original License.
(a) An Application for Occupational License (Part B) Personal History Questionnaire, Form OL 29 (9/94), provided by the department shall be completed and submitted by each person listed in Section 330.02(b)(4) with the application for an original license required by Section 330.02.
(1) Another department-approved version of this form with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section.
(b) The personal history questionnaire shall contain the following information:
(1) The true full name of the applicant.
(2) The residence address of the applicant.
(3) The business and home telephone numbers of the applicant.
(4) The physical description of the applicant including sex, color of hair, color of eyes, height, weight and birthdate.
(5) Whether or not the applicant holds a valid California driver license.
(A) When the applicant is a holder of a valid California driver license the license number shall be provided.
(6) Any name or names the applicant has been known by or used other than the name provided in subsection (b)(1).
(7) The experience and employment record of the applicant for the past three years prior to the date the personal history questionnaire is signed and dated by the applicant.
(8) Whether or not the applicant has previously been or is currently licensed in California as a registration service; vehicle salesperson, representative, distributor, dealer, dismantler, manufacturer, remanufacturer, transporter, verifier, lessor-retailer; driving school owner, operator or instructor; traffic violator school owner, operator or instructor; or all- terrain vehicle safety training organization or instructor.
(A) When the applicant has previously been or is currently licensed as described in subsection (b)(8), each current or previous occupational license number issued to the applicant shall be provided.
(9) Whether or not the applicant has ever had a business or occupational license issued by the department or an application for such license refused, revoked, suspended, or subjected to other disciplinary action or was a partner, managerial employee, officer, director, or stockholder in a firm licensed by the department, and the license was revoked, suspended or subject to other disciplinary action.
(A) When the applicant answers yes to subsection (b)(9), the occupational license number, the type of license, the action and the date of the action taken by the department shall be provided.
(10) Whether or not the applicant has ever had a civil judgment rendered against him/her and whether or not the judgment was a result of activity of the applicant's firm licensed by the department.
(A) When the applicant answers that the judgment was a result of activity of the applicant's firm licensed by the department, the amount of the judgment and whether the judgment is paid or unpaid shall be provided.
(11) Whether the applicant was ever a partner, managerial employee, officer, director, or stockholder in a firm that had a civil judgment rendered against it and whether or not the judgment was a result of the activity of the firm licensed by the department.
(A) When the applicant indicates he/she was a partner, managerial employee, officer, director, or stockholder in a firm that had a civil judgment rendered against it and the judgment was a result of the activity of the firm licensed by the department, the amount of the judgment and whether the judgment is paid or unpaid shall be provided.
(12) Whether or not the applicant has ever declared bankruptcy or was a partner, managerial employee, officer, director, or stockholder in a firm that declared bankruptcy.
(A) When the applicant indicates he/she has declared bankruptcy or was a partner, managerial employee, officer, director, or stockholder in a firm that declared bankruptcy, the date the bankruptcy was filed and the name and location of the court of jurisdiction shall be provided.
(13) Whether or not the applicant has ever been convicted, placed on probation, or released from incarceration following conviction for any crime or offense, either felony or misdemeanor, excluding traffic offenses, within the last ten years.
(A) When the applicant indicates he/she was convicted, placed on probation, or released from incarceration following conviction for any crime or offense, either felony or misdemeanor, excluding traffic offenses, within the last ten years, each offense shall be listed with the conviction date, the court of jurisdiction and the disposition.
(14) A statement, signed and dated by the applicant which certifies under the penalty of perjury all the answers and the information contained in the personal history questionnaire are true and correct, and includes the city and state where the document was executed.
(15) The social security number of the applicant.
(c) The applicant shall submit with the personal history questionnaire a certified copy of the arresting agency report and a certified copy of the court documents for each conviction listed pursuant to subsection (b)(13)(A).
Note: Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Welfare and Institutions Code. Reference: 42 United States Code 405(c)(2)(C); 42 United States Code 651, et seq.; Section 11401, Vehicle Code; and Section 11350.6, Welfare and Institutions Code.
s 330.06. Fingerprints.
(a) Fingerprints shall be submitted by each person listed in Section 330.02(b)(4) to a Live Scan facility. A carbonized copy of the Request For Live Scan Service, Form DMV 8016 (NEW 11/99), shall be submitted with the application for an original license as required by Section 330.02.
(b) The Request for Live Scan Service application shall contain the following:
(1) The typed or printed name of the person fingerprinted.
(2) Any aliases used by the person fingerprinted.
(3) The birth date of the person fingerprinted.
(4) The birthplace of the person fingerprinted.
(5) The sex, height, weight, eye color and hair color of the person fingerprinted.
(6) The driver license or identification card number of the person fingerprinted and state of issue.
(7) The social security number of the person fingerprinted.
(8) The date the fingerprints are taken.
(9) The signature of the person taking the fingerprints.
(10) A statement that the Request for Live Scan Service, Form DMV 8016, is for the purpose of applying for a registration service license.
(11) The home address and telephone number of the person fingerprinted.
(c) Fingerprints are not required when the applicant is currently an occupational licensee of the department or the applicant is a prior occupational licensee of the department whose license has not lapsed more than three years from the date of expiration.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code; and Section 17520(d), Family Code.
s 330.08. Registration Service Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a registration service license shall submit the bond required by Vehicle Code sections 11401 and 11402 on a Registration Service Surety Bond, form OL 605 (REV. 12/2004), which is hereby incorporated by reference. The bond shall be subject to chapter 2 (commencing with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The name of the Principal on the surety bond shall include any and all "Doing Business As" (DBA) names used by the Principal to conduct business as authorized under the occupational license.
(c) The appointment of director as the agent for service of process as required by Vehicle Code section 11403 shall be executed on an Appointment of Director as Agent for Service of Process, form ADM 9050 (NEW 8/2004), which is hereby incorporated by reference.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1185 and 1189(a), Civil Code; Section 995.010, Code of Civil Procedure; and Sections 19, 11401, 11402 and 11403, Vehicle Code.
s 330.10. Certification Required with an Application for an Original Registration Service License.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11403, Vehicle Code.
s 330.12. Temporary Permit and License Issuance and Posting.
(a) A temporary permit may be issued to a registration service while the department is completing its investigation and determination of all facts relative to the licensing of a registration service when the department receives all the items specified in Sections 330.02 through 330.10, and after inspection and approval by the department of the principal place of business and any branch offices included in the original application.
(1) A temporary permit may be issued for each business location provided there is no apparent reason for refusal of the license.
(2) Each temporary permit shall be signed by a person described in Section 330.02(b)(4).
(3) Each business location receiving clients shall post the temporary permit in a location visible to the public.
(A) When business is conducted at other than the principal place of business or a branch location, any registration service employee shall provide upon request the original or a copy of the temporary permit.
(b) A registration service occupational license shall be issued to a registration service after the department reviews the application and the Department of Justice report, provided that the department determines all the licensing requirements of Chapter 2.5 of Division 5 of the Vehicle Code are met.
(1) A license for each business location shall be sent to the principal place of business.
(2) Each license shall be signed by a person described in Section 330.02(b)(4).
(3) Each business location receiving clients shall post the original license in a location visible to the public.
(A) When business is conducted at other than the principal place of business or a branch location, any registration service employee shall provide upon request the original or a copy of the license.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11400 and 11404, Vehicle Code.
s 330.14. Renewal of a Registration Service License.
(a) Every application for the renewal of a registration service license made by the licensee pursuant to the requirements of Section 11410(b) and (c) of the Vehicle Code shall be submitted to the department with the fee required by Section 11409 of the Vehicle Code and any surcharge assessed by the department pursuant to Section 11350.6(n) of the Welfare and Institutions Code.
(b) The renewal shall be submitted on a Registration Services License Renewal Billing Notice, Form OL 603 (2/92), or an Application for Renewal, Form OL 45 (9/94) provided by the department. Another department-approved version of either of these forms with a different revision date shall be acceptable if the content of the form is in substantial compliance with the requirements of this section. The renewal form shall include the following information:
(1) A designation as to whether the type of ownership structure is individual owner, partnership or corporation.
(2) The names and social security numbers of all owners, including individual owners, partners or corporate officers.
(3) A current business telephone number.
(4) A certification signed under the penalty of perjury by the individual owner, a partner or any corporate officer that the information is true and correct.
(c) When the application for the renewal of a registration service license is not postmarked or received at the department by midnight of the 30th day following the expiration date of the license, the licensee shall comply with all the original licensing requirements as specified in this Article.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Welfare and Institutions Code. Reference: 42 United States Code 405(c)(2)(C); 42 United States Code 651, et.seq.; Sections 11409 and 11410, Vehicle Code; and Section 11350.6, Welfare and Institutions Code.
s 330.16. Change of Business or Corporate Name.
(a) Prior to changing the business or corporate name of a registration service, a request for change shall be submitted to the department for approval.
(b) The request shall be submitted on an Application for Changes to an Occupational License for Registration Service, Form OL 600 (8/91), provided by the department and shall include the following information:
(1) When the business name is changing, the full prior business name.
(2) The occupational license number.
(3) When the corporate name is changing, the full prior corporate name.
(4) An indicator checked which discloses that the business or corporate name is being changed.
(5) The new business or corporate name.
(6) A statement, signed under penalty of perjury by the individual owner, any partner or a corporate officer, certifying that the information entered on the application is true and correct.
(c) The request shall be submitted with the following items:
(1) The fee specified in Section 11409 of the Vehicle Code.
(2) A copy of the meeting minutes authorizing the name change, when a corporate name is changing.
(3) A rider to the registration service's bond filed pursuant to Section 11402 of the Vehicle Code, reflecting the new business or corporate name.
(A) The rider shall be completed by the surety that issued the bond currently in effect.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11402 and 1409, Vehicle Code.
s 330.18. Addition of a Branch Office or Change of Address.
(a) Prior to adding a branch office or changing the location of the principal place of business or any branch office, a registration service shall submit a request to the department for approval.
(b) The request shall be submitted on an Application for Changes to an Occupational License for Registration Service, Form OL 600 (8/91), provided by the department and shall include the following information:
(1) The full business name.
(2) The occupational license number.
(3) When a corporation, the full corporate name.
(4) When a branch office is being added, the indicator checked which discloses that a branch is being added, the address and telephone number of the added branch and the name, address and telephone number of the property owner.
(5) When an address is being changed, an indicator checked which discloses whether the address change is for the principal place of business or a branch office, the new street address and telephone number, the prior street address and telephone number and the name, address and telephone number of the property owner.
(6) Whether the added branch or the new branch location of the principal place of business or branch office:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(7) A statement, signed under penalty of perjury by the individual owner, any partner or a corporate officer, certifying that the information entered on the application is true and correct.
(c) The request shall be submitted with the fee required by Section 11409 of the Vehicle Code.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11409, Vehicle Code.
s 330.20. Employee Changes.
(a) A registration service shall notify the department not later than ten days after there is a deletion to the list of employees employed to perform registration work. When adding an employee the department shall be notified prior to the submission of any registration work by the employee. The notification shall be submitted to an Occupational Licensing Inspections Office with receipt acknowledged by a licensing inspector.
(b) The notification shall be submitted on the Registration Service Application for Employee Changes, Form OL 630 (NEW 3/26/03), and the Field Office Registration Service Employee Listing Form, OL 607A (NEW 3/26/03). The Registration Service Application for Employee Changes, Form OL 630 (NEW 3/26/03) provided by the department, shall include the following information:
(1) The full firm name.
(2) The occupational license number.
(3) When a corporation, the true full name under which the firm does business.
(4) The business address and telephone number.
(5) The department offices to which the licensee has been assigned.
(6) When adding an employee, the date added.
(7) When deleting an employee, the date deleted.
(8) The true full name and residence address for each employee added or deleted.
(9) The driver license or identification card number and the issuing state for each employee added or deleted.
(10) The birth date, sex, hair color, eye color, height and weight for each employee added or deleted.
(11) The owner shall designate if the employee added is authorized to sign a transaction form for the owner or management.
(12) A statement, signed under penalty of perjury under the laws of the State of California that the owner accepts full responsibility for the actions of all employees added and the employees added are employees of the business and certifying the information given is true and correct.
(c) The Field Office Registration Service Employee Listing, Form OL 607 A (NEW 3/26/2003), provided by the department, shall include the following:
(1) The full firm name.
(2) The occupational license number.
(3) The business address and telephone number.
(4) A new and complete listing of all employees authorized to submit registration work including:
(A) The true full name.
(B) Date of birth.
(C) Driver license or identification card number.
(D) State of issuance of driver license or identification card.
(E) Whether or not the employee listed is authorized to sign for the owner or management of the business.
(5) A statement, signed under penalty of perjury under the laws of the State of California, that the owner, partner, or officer of the corporation or limited liability corporation member accepts full responsibility for the actions of all employees listed as well as those employees given authority to sign for the owner or management and certifying the information is true and correct.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.
s 330.21. Change of Ownership.
(a) A change of registration service ownership occurs when any person designated as a licensee has changed, other than a corporate officer change as described in Section 330.22.
(1) The existing licensee of a registration service shall notify the department within 10 days prior to the effective date of a change of ownership.
(b) Any person holding a registration service license shall notify the department within 10 days prior to the effective date of a change of ownership.
(1) The notification shall be in writing and shall specify the effective date of the change of ownership.
(c) When a change of registration service ownership occurs, the documents and fees required by Section 11409 of the Vehicle Code and Sections 330.02, 330.04, 330.06, 330.08, and 330.10 shall be submitted to the department to apply for a new license.
(d) The provision of Sections 330.52(b) and 330.58(b), (c) and (d) for a registration service which voluntarily goes out of business shall also apply to a registration service when a change of ownership occurs.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11490, Vehicle Code.
s 330.22. Change in Corporate Officer Structure.
(a) A registration service shall notify the department of a change in the corporate structure not later than 10 days after the effective date of the change.
(b) The notification shall be made by submitting to the department a copy of the corporate minutes affixed with the corporate seal reflecting the change or an Application for Changes to an Occupational License for Registration Service, form OL 600 (8/91), provided by the department containing the following information:
(1) The name of the corporation.
(2) The occupational license number.
(3) The true full name and title of each controlling stockholder, officer or director of the corporation added or deleted with the date of the addition or deletion.
(4) A statement, signed under penalty of perjury by a corporate officer, certifying that the information entered on the application is true and correct.
(c) The notification shall be submitted with the following items:
(1) The fee required by Section 11409 of the Vehicle Code.
(2) A completed personal history questionnaire as specified in Section 330.04, for each controlling stockholder, officer or director added to the corporate structure.
(3) A completed fingerprint card as specified in Section 330.06, for each controlling stockholder, officer or director added to the corporate structure.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401 and 11409, Vehicle Code.
s 330.24. Signs.
(a) Each registration service shall display a sign that includes the full name of the service as shown in departmental records at the principal place of business or any branch office receiving clients.
(b) Each registration service shall display a sign, pursuant to subsection (a), on the office door and the on the building directory, when there is such a directory, at the principal place of business or any branch office receiving clients which is located in a building housing more than one business.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401, Vehicle Code.
s 330.26. Advertising.
(a) Each registration service shall provide in all media of advertising and telephone listings, the following information:
(1) The business name of a registration service as shown in department records and the address of the principal place of business or a branch office, or
(2) The business name of a registration service as shown in department records and the registration services' occupational license number issued by the department.
(b) No registration service advertisement or statement shall indicate in any way that a registration service can issue or guarantee the issuance of any department documents, or imply in any way that the registration service can influence the services of the department, affect the client's obligations to the state or obtain any preferential or advantageous treatment from the department.
(c) No registration service shall state or imply that the service can obtain reduced departmental fees.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 25 and 11405, Vehicle Code.
s 330.28. Additional Services Provided.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11400, Vehicle Code.
s 330.30. Compensation Received by a Registration Service.
(a) A list of the costs for work performed by a registration service for each type of transaction shall be conspicuously posted in a place visible to the public at each business location receiving clients.
(1) When alternative methods are used to determine costs, the list of costs shall also contain a description of the alternative methods.
(b) When clients are not received at a business location, a copy of the list of costs shall be provided by the registration service to each client prior to accepting a transaction or any compensation.
(c) The list of the costs shall not include any fees due to the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: 11406, Vehicle Code.
s 330.32. Submitting Fees and Documents to the Department.
(a) The submission to a registration service by a client of fees due to the department does not constitute receipt of the fees by the department.
(b) Whenever a registration service receives any fees due to the department for a registration transaction, the registration service shall submit the fees with any documents available for the registration transaction to the department within seven departmental business days of the receipt of the fees.
(1) Notwithstanding subsection (b) above, no registration service shall delay submitting the fees with any documents available for the registration transaction to the department when such a delay would cause the fees to be subject to penalty by the department, except when specifically authorized by the client to delay submission, and provided that the authorized delay does not cause the submission to exceed seven departmental business days from the receipt of the fees.
(A) The registration service shall maintain in their records documentation of a client's authorization to delay submission of fees or documents.
(2) Fees and documents submitted by the service through the mail shall be considered received by the department by midnight of the postmark date.
(3) Fees and documents submitted in person during the business hours of the department shall be considered received the same day.
(4) Fees and documents left at a departmental office after the close of business and found upon start of business the next business day shall be considered received by the department by midnight of the previous business day.
(c) All transactions submitted to the department shall be submitted on the transaction authorization agreement form as described in Title 13, Section 330.42, California Code of Regulations, unless exempted as described in subsection (j), (k), (l), or (m) of Section 330.32.
(d) A registration service shall submit registration work only to an office the registration service has been assigned to by the department.
(e) Registration service employees shall present their state issued driver licenses and/or identification cards when requested by a department employee. The department employee shall verify, using the list provided by the registration service identified in Section 330.02, that the individual has been identified by the licensee as an employee of the registration service. A department office shall not process transactions submitted by an individual not specified by the licensee as an employee of the registration service or an individual who refuses to provide identification to a department employee as described in this section.
(f) A client check made payable directly to the department shall be submitted by the registration service to the department solely for the transaction(s) for which the check was written.
(g) Documents submitted with missing or incomplete information shall be returned to the registration service for completion.
(h) Except as provided under subdivision (c) of Vehicle Code Section 4466, a registration service shall not submit an application for substitute or duplicate license plates unless the transaction is processed for a dealer and contains a vehicle report of sale; or is submitted for a member of the International Registration Plan (IRP) or Permanent Fleet Registration (PFR).
(i) All transactions must be submitted on a transaction authorization agreement as described in Section 330.42, and completed and signed by the client and the owner or employee authorized to sign for the owner or management identified on the employee listing described in Section 330.02(b)(11)(E) and/or Section 330.20(b)(11). A registration service that is a participant in the Business Partner Automation Program and only submits registration transactions electronically to the department is excluded from this requirement. A registration service submitting a transaction for a vehicle registered in the International Registration Plan (IRP), Permanent Fleet Registration Program (PFR), or Permanent Trailer Identification Program, or a vehicle registered as special equipment is excluded from this requirement.
(j) An information request submitted on a Registration Information Request for Lien Sale, form INF 1126 (REV 1/99), is excluded from the requirements in subdivision (i) of this section.
(k) A request for authorization to conduct a lien sale submitted on an Application for Lien Sale Authorization and Lienholder's Certification, form REG 656 (REV 1/99), is excluded from the requirements in subdivision (i) of this section.
(l) A registration service who enters into a contractual agreement with a dealer or dismantler, vessel agent, or lessor-retailer using the Registration Transaction Authorization Agreement, Occupational Licensee/Vessel Agent, Form REG 600A (New 3/26/03), is excluded from the requirement identified in subdivision (i) of this section, provided the agreement is maintained in the records of the principle place of business and the transactions are submitted on the approved listing sheet as described in Title 13, Section 330.44, California Code of Regulations.
(m) Registration transaction of an identical transaction type submitted for an individual registered owner and/or transactions submitted for a financial institution identified as the legal owner on the certificate of title of the vehicle may be submitted on the Transmittal of Registration Applications, Form FO 247 (REV 5/97), provided each transmittal is accompanied by a completed Transaction Authorization Agreement, Form REG 600 (New 3/26/2003).
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 4466 and 11406, Vehicle Code.
s 330.34. Subcontracting and Responsibility.
(a) No person other than an owner or an employee of a registration service shall perform work on a registration service transaction.
(b) The registration service initially accepting the compensation paid by the client is responsible for all the work performed on each registration service transaction submitted to the department.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2 and 11406, Vehicle Code.
s 330.38. Withholding Documents or Operating Authority.
A registration service shall not claim ownership or withhold from any client anything issued to the client by the department through the efforts of the registration service.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11405, Vehicle Code.
s 330.40. Release of Information.
A registration service shall keep confidential pursuant to Sections 1808.21, 1808.45, 1808.46 and 1808.47 of the Vehicle Code any name and address information obtained from departmental documents or records.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.
s 330.42. Information for Clients.
(a) In addition to the requirements of Vehicle Code Section 11406, for every transaction a registration service shall complete a Registration Transaction Authorization Agreement, Form REG 600 (New 3/26/03), provided by the department.
(b) The authorization agreement shall include the following information:
(1) A statement that "THIS IS NOT AN OPERATING PERMIT" shall appear in capital letters.
(2) A unique preprinted number assigned by the department.
(3) The name and occupational license number of the registration service.
(4) The identity of each vehicle by the vehicle identification number, year, make, type, and license plate number.
(5) The type of registration transaction.
(6) The true full name and signature of the client.
(7) The residence address and daytime telephone number of the client.
(8) The driver license or identification card number and state of issue of the client.
(9) The signature of the registration service employee verifying the identity of the client.
(10) The estimated department fees collected.
(11) The service charge (fee), total DMV fees, and date collected by the registration service.
(12) The method of payment by the client.
(13) The printed name of the registration service employee who prepared the documents included in the transaction.
(14) The name, business address, business telephone number, and signature of the registration service owner or employee authorized to sign for the owner or management as described in Section 330.02(b)(11)(E) and 330.20(b)(9).
(15) The true full name and signature of the authorized registration service employee.
(16) A final statement of fees collected including: prior department fees collected, additional department fees collected, total department fees, department fees refunded, reason for refund (including dates for each), total service fee collected, and method of payment.
(c) The authorization agreement shall be used exclusively, in numerical sequence, by the registration service to whom it was issued. It shall not be transferred to another registration service.
(d) The agreement form shall be used by the registration service to record all transactions except those excluded by Title 13, Section 330.32, California Code of Regulations.
(e) The authorization agreement shall be prepared in triplicate for distribution as follows:
(1) The original shall be submitted with the registration documents to the assigned department office.
(2) The duplicate copy shall be provided to the client prior to submission of the original to the department.
(3) The triplicate copy shall remain with the firm's business records at the principal place of business.
(f) The registration service shall maintain a record in numerical order of each Registration Transaction Authorization Agreement, Form REG 600 (NEW 3/26/2003), issued, voided, or lost. For each agreement voided, the record shall indicate the date voided. For each agreement or group of agreements lost, the record shall indicate the date lost, and the series numbers of the agreement(s). The registration service shall notify the department in writing within 2 business days from the date of the discovery of the loss. A copy of the report of loss shall be retained with the record.
(g) Authorization agreements shall not be duplicated or reproduced for any purpose.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406, Vehicle Code.
s 330.44. Listing Sheet for Transmitting Registration Documents.
(a) Pursuant to Section 11406(b) of the Vehicle Code, the listing sheet approved by the department shall be the Transmittal of Registration Applications, Form FO 247 (REV 5/97) provided by the department. (continued)