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§ 345.02. Traffic Violator School Owner.

13 CA ADC § 345.02Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 1. Department of Motor Vehicles
Chapter 1. Department of Motor Vehicles
Article 4.7. Schools for Traffic Violators
Licenses and Approvals Required
13 CCR § 345.02
§ 345.02. Traffic Violator School Owner.
Currentness
(a) A traffic violator school owner shall be licensed by the department before engaging and/or continuing to engage in any traffic violator school instructional activities. To obtain an owner license an applicant shall:
(1) Meet all of the requirements of Vehicle Code section 11202.
(2) Meet all of the application requirements pursuant to this section.
(b) A traffic violator school owner may perform any of the operator duties described in Section 345.04(d), without a separate operator license, provided that the owner has met the requirements of Vehicle Code section 11202.5 and Section 345.04 of this Article and is designated as the operator for the school.
(c) A traffic violator school owner may perform any of the instructional services described in Section 345.06(d) without a separate instructor license, provided that the owner has met the requirements of Vehicle Code section 11206 and Section 345.06 of this article.
(d) Any individual, partnership, corporation, public school, limited liability company, association, or other public agency may apply to the department to be licensed as a traffic violator school by submitting a completed application to the department. A completed Application for Traffic Violator School (TVS) Owner License, form OL 713 (Rev. 3/2011), which is hereby incorporated by reference, shall be submitted to the headquarters office of the department with payment of the application fee, as specified in Section 345.00 of this Article. Additional documentation required to complete the application process shall include the following:
(1) A completed Request for DMV Approval of a Traffic Violator School Name, form OL 612 (REV 7/2011), which is hereby incorporated by reference.
(A) The department shall not approve a name that exceeds 35 characters including spaces. The name may contain one or more “doing business as” names, but the total spaces for the combined name shall not exceed 35 characters.
(B) The department shall not approve a proposed name that:
1. includes punctuation marks, symbols or letters which are not used in accordance with standard English practices,
2. are so similar to an existing school name so as to cause confusion to the public, courts or the department,
3. is misleading to the public, or
4. implies that the school offers inducements or premiums which derogate or distort the instruction intent of the traffic violator school program.
(C) The department shall notify the applicant of the approval or disapproval of the proposed name.
(D) An applicant may submit the form OL 612 prior to submission of the complete application. When the department approves a name prior to submission of the complete application, the name shall be reserved for the applicant for six months from the date of the name approval. If a completed application is not submitted within six months, the name will be available for use by another school.
(2) An Application For Occupational License (Part B) Personal History Questionnaire, form OL 29 (Rev 3/94), which is hereby incorporated by reference, completed pursuant to Section 345.68 of this Article by each individual applying for ownership or as an administrator on the application. For partnerships, this requirement extends to all general partners. For corporations, this requirement extends to all principal officers, board members and stockholders active in the management, direction or control of the corporation. Also for corporations, form OL 754 (Rev 8/91), Certificate For All Individuals Listed On Corporate Structure, shall accompany the Personal History Questionnaire and shall contain: the corporation name; the business name (DBA) of the traffic violator school; information that the individual is a corporate officer, a board member, or principal stockholder; and the individual's signature and the date of signature.
(3) One fingerprint card, completed pursuant to Section 345.72, for each individual who completed a Personal History Questionnaire.
(4) Payment of a fingerprint processing fee, as described in Vehicle Code section 1668(b), for each applicant.
(5) Evidence of an approved lesson plan, pursuant to Sections 345.30 through 345.34, or evidence of authorization to use a purchased approved lesson plan. The application shall not be considered complete without submission of approval/authorization to use the lesson plan. The application will not be approved until submission of the approval/authorization to use a lesson plan.
(A) The application will be considered complete without submission or approval of a lesson plan for an applicant that is a court approved traffic violator course provider, provided that the application is submitted prior to March 1, 2012, pursuant to Vehicle Code section 11202(c).
(6) A surety bond or alternate security as specified in Sections 345.65 or 345.66 of this Article, except as provided in Vehicle Code section 11202(c), regarding public schools or other public agencies.
(7) If the OL 713 does not designate the owner as the school operator, the applicant must complete one of the following:
(A) An Application for Traffic Violator School Operator and Instructor License, form OL 710 (Rev. 3/2011), which is hereby incorporated by reference, completed pursuant to Section 345.04 of this Article.
(B) An Application for Modifications to a Traffic Violator School Operator and Instructor License, form OL 711 (Rev. 2/2011), which is hereby incorporated by reference, completed pursuant to Section 345.22(b) of this Article. An owner's license shall not be issued until the department determines that the applicant for operator meets the requirements for licensure.
(8) A traffic violator school with more than one branch office location may designate a separate operator for each location but shall designate one of the operators as the primary contact for the department.
(9) A Traffic Violator School Branch Business Office/Classroom Application, form OL 712 (Rev 10/2011), which is hereby incorporated by reference, completed pursuant to Section 345.15 of this Article, for each proposed branch business office and each proposed classroom and payment of the application fee, as specified in Section 345.00 of this Article, for each branch business office and for each classroom.
(10) For any classroom which is located in a facility not owned by the applicant, a copy of the lease or rental agreement specific to the applicant school, but by DBA, shall accompany the application.
(11) If the OL 713 does not indicate that the owner will perform the duties of instructor, the applicant must complete one of the following:
(A) A completed application for at least one instructor filed in accordance with Section 345.06 or 345.13 of this Article, whichever is applicable.
(B) At least one completed Traffic Violator School Public School Instructor Certification/Deletion, form OL 609 (Rev 4/2007), which is hereby incorporated by reference, pursuant to Section 345.29, if the school is operated by a public school. An owner's license shall not be issued until the department determines that at least one applicant for instructor meets the requirements for licensure or until the department determines that one instructor for a public school meets the requirements of Section 345.29 of this Article.
(e) The application shall not be considered complete until the primary business site and, if the application indicates the school will provide classroom instruction, at least one classroom site have been approved by the department as specified in Section 345.74 of this Article.
(f) Upon completion of the application, the department may issue a temporary operating permit pursuant to Vehicle Code section 11210, pending completion of the department's evaluation of the background and qualifications of the applicant, provided there is no apparent reason for refusal of the license.
(g) When the department determines that the applicant meets all qualifications for issuance of a license, it shall issue initial owner and operator licenses each valid for one year from the date the temporary operating permit was issued, if issued, or one year from the date of issuance, if no temporary operating permit was issued.
(h) If the department determines that the applicant is not qualified pursuant to any applicable statute or code, the department shall notify the applicant in writing that the license is refused. The notice of refusal shall include:
(1) The reason or basis for refusal.
(2) Information regarding the applicant's right to a hearing pursuant to Vehicle Code section 11211(b).
(3) If a temporary permit has been issued, notification that the temporary permit is canceled, upon receipt of the notice.
(i) An original traffic violator school owner license shall be valid for a period of one year unless canceled, suspended or revoked by the department.

Credits

Note: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle Code. Reference: Sections 626, 626.2, 626.4, 626.6, 626.8, 1668(b), 1671, 11200, 11202, 11202.5, 11204, 11206, 11208, 11210 and 11211, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (e)(3) filed 3-7-2008; operative 4-6-2008 (Register 2008, No. 10).
3. Amendment of subsections (d) and (e)(4) filed 8-23-2011; operative 9-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 34).
4. Amendment filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 13, § 345.02, 13 CA ADC § 345.02
End of Document