11200. (a) The department shall license schools for traffic
violators for purposes of Section 42005 and to provide traffic safety
instruction to other persons who elect to attend. A person may not
own or operate a traffic violator school or, except as provided in
Section 11206, give instruction for compensation in a traffic
violator school without a currently valid license issued by the
department.
(b) (1) Any person who elects to attend a traffic violator school
shall receive from the traffic violator school and shall sign a copy
of the following consumer disclosure statement prior to the payment
of the school fee and attending the school:
"Course content is limited to traffic violator curricula approved by
the Department of Motor Vehicles. Students in the classroom include
traffic offenders, repeat traffic offenders, adults, and teenagers,
and those who have and those who have not been referred by a court.
Instructor training, business regulatory standards, and Vehicle Code
requirements of traffic violator schools are not equal to the
training, standards, and Vehicle Code requirements of licensed
driving schools (California Vehicle Code)."
(2) In the case of a minor who elects to attend a traffic violator
school, the minor's parent or guardian shall sign the consumer
disclosure statement.
(3) A copy of each signed disclosure statement shall be retained
by the traffic violator school for a minimum of 36 months.
(4) This subdivision does not apply to persons referred by courts
pursuant to Section 42005.
11202. (a) Except as provided in subdivision (c), a traffic
violator school owner shall meet all of the following criteria before
a license may be issued for the traffic violator school:
(1) Maintain an established place of business in this state which
is open to the public. No office or place of business of a traffic
violator school, including any traffic violator school branch or
classroom location, may be situated within 500 feet of any court of
law, unless the owner was established at the location on or before
July 1, 1984.
(2) Conform to standards established by regulation of the
department. In adopting the standards, the department shall consider
those practices and instructional programs which may reasonably
foster the knowledge, skills, and judgment necessary for compliance
with traffic laws. The standards may include, but are not limited
to, school personnel, equipment, curriculum, procedures for the
testing and evaluation of students, recordkeeping, and business
practices.
(3) Procure and file with the department a bond of two thousand
dollars ($2,000) executed by an admitted surety and conditioned upon
the applicant not practicing any fraud or making any fraudulent
representation which will cause a monetary loss to a person taking
instruction from the applicant or to the state or any local
authority.
(4) Have a classroom approved by the department and the proper
equipment necessary for giving instruction to traffic violators.
(5) Have a lesson plan approved by the department and provide not
less than the minimum instructional time specified in the plan. An
approved lesson plan shall provide a minimum of 400 minutes of
instruction, except that a lesson plan for instructing persons under
the age of 18 may provide a minimum of 600 minutes of instruction.
(6) (A) Execute and file with the department an instrument
designating the director as agent of the applicant for service of
process, as provided in this paragraph, in any action commenced
against the applicant arising out of any claim for damages suffered
by any person by the applicant's violation of any provision of this
code committed in relation to the specifications of the applicant's
traffic violator school or any condition of the bond required by
paragraph (3).
(B) The applicant shall stipulate in the instrument that any
process directed to the applicant, when personal service cannot be
made in this state after due diligence, may be served instead upon
the director or, in the director's absence from the department's
principal offices, upon any employee in charge of the office of the
director, and this substituted service is of the same effect as
personal service on the applicant. The instrument shall further
stipulate that the agency created by the designation shall continue
during the period covered by the license issued pursuant to this
section and so long thereafter as the applicant may be made to answer
in damages for a violation of this code for which the surety may be
made liable or any condition of the bond.
(C) The instrument designating the director as agent for service
of process shall be acknowledged by the applicant before a notary
public.
(D) If the director or an employee of the department, in lieu of
the director, is served with a summons and complaint on behalf of the
licensee, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento. A fee of five dollars ($5)
shall also be paid to the director or employee at the time of
service of the copy of the summons and complaint, or shall be
included with a summons and complaint served by mail.
(E) The service on the director or department employee pursuant to
this paragraph is sufficient service on the licensee if a notice of
the service and a copy of the summons and complaint is, on the same
day as the service or mailing of the summons and complaint, sent by
registered mail by the plaintiff or his or her attorney to the
licensee. A copy of the summons and complaint shall also be mailed
by the plaintiff or plaintiff's attorney to the surety on the
licensee's bond at the address of the surety given in the bond,
postpaid and registered with request for return receipt.
(F) The director shall keep a record of all processes served
pursuant to this paragraph showing the day and hour of service, and
shall retain the documents served in the department's files.
(G) If the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
licensee has 30 days after that service within which to answer any
complaint or other pleading filed in the cause. For purposes of
venue, if the licensee is served with process by service upon the
director or a department employee in lieu of the director, the
service is considered to have been made upon the licensee in the
county in which the licensee has or last had his or her established
place of business.
(7) Meet the requirements of Section 11202.5 and subdivision (b)
of Section 11208, relating to traffic violator school operators, if
the owner is also the operator of the traffic violator school. If the
owner is not the operator of the traffic violator school, the owner
shall designate an operator who shall meet the requirements of
Section 11202.5.
(8) Provide the department with a written assurance that the
school will comply with the applicable provisions of Subchapter II or
III of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101, et seq.), and any other federal and state laws prohibiting
discrimination against individuals with disabilities. Compliance may
include providing sign language interpreters or other accommodations
for students with disabilities.
(b) The qualifying requirements specified in subdivision (a) shall
be met within one year from the date of application for a license,
or a new application and fee is required.
(c) Paragraphs (3) and (6) of subdivision (a) do not apply to
public schools or other public agencies, which shall also not be
required to post a cash deposit pursuant to Section 11203.
(d) Paragraph (7) of subdivision (a) does not apply to public
schools or other public educational institutions.
(e) A notice approved by the department shall be posted in every
traffic violator school, branch, and classroom location stating that
any person involved in the offering of, or soliciting for, a
completion certificate for attendance at a traffic violator school
program in which the person does not attend or does not complete the
minimum amount of instruction time provided by subdivision (a) may be
guilty of violating Section 134 of the Penal Code.
11202.5. (a) The department shall license traffic violator school
operators. No person may act as a traffic violator school operator
without a currently valid license issued by the department. Every
person, in order to qualify as a traffic violator school operator,
shall meet all of the following criteria in order to be issued a
traffic violator school operator's license:
(1) Have not committed any act which, if the applicant were
licensed as a traffic violator school operator, would be grounds for
suspension or revocation of the license.
(2) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, teaching methods and techniques, traffic violator school
statutes and regulations, and office procedures and recordkeeping.
(3) Be 21 years of age or older.
(4) Have worked for an established California traffic violator
school, an established California driving school licensed under
Chapter 1 (commencing with Section 11100) of Division 5, or an
established commercial driving training and education program
operated by a bona fide labor organization as an instructor for a
period of not less than 500 hours of actual in-class instruction.
(b) Paragraph (4) of subdivision (a) does not apply to a traffic
violator school operator validly licensed prior to January 1, 1987.
(c) All the qualifying requirements specified in this section
shall be met within one year from the date of application for the
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the required fee.
11203. In lieu of the bond otherwise required by paragraph (3) of
subdivision (a) of Section 11202, the applicant may make a deposit
pursuant to Article 7 (commencing with Section 995.710) of Chapter 2
of Title 14 of Part 2 of the Code of Civil Procedure. The director
may order the deposit returned at the expiration of three years from
the date a traffic violator school licensee has ceased to do
business, or three years from the date a licensee has ceased to be
licensed, if the director is satisfied that there are no outstanding
claims against the deposit. A superior court may, upon petition,
order the return of the deposit prior to the expiration of three
years upon evidence satisfactory to the court that there are no
outstanding claims against the deposit. If either the director,
department, or state is a defendant in any civil action instituted to
recover all or any part of the deposit, or any civil action is
instituted by the director, department, or state to determine those
entitled to any part of the deposit, the director, department, or
state shall be paid reasonable attorney fees and costs from the
deposit. Costs shall include those administrative costs incurred in
processing claims against the licensee recoverable from the deposit.
11203.5. If the state or any of its political subdivisions suffers
any loss or damage by reason of any fraudulent practice or
representation or by reason of any violation of this division by a
traffic violator school owner, the department may bring a cause of
action against the traffic violator school owner and the surety upon
the owner's bond.
11204. The department shall issue a license certificate to each
traffic violator school owner and each traffic violator school
operator licensed pursuant to this chapter. The term of the license
shall be for a period of one year from the date of issue unless
canceled, suspended, or revoked by the department. The license shall
be renewed annually. The department shall require compliance with
Section 11202 for renewal of the license of a traffic violator school
owner. The department shall require compliance with Section 11202.5
for renewal of the license of a traffic violator school operator.
Where in its judgment the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the conduct of the
traffic violator school. The conditions to be attached to the
license shall be such as may, in the judgment of the department, be
in the public interest and suitable to the qualifications of the
applicant as disclosed by the application and investigation by the
department of the information contained therein. The conditions
shall not appear on the license certificate.
Upon notification of death of a traffic violator school licensee,
the department may issue a temporary license to the executor or
administrator of the estate of a deceased holder of a validly
outstanding license to conduct a traffic violator school, or if no
executor or administrator has been appointed and until a certified
copy of an order making such an appointment is filed with the
department, a temporary license may be issued to the surviving spouse
or other heir entitled to conduct the business of the deceased. The
temporary license shall permit the holder to conduct the traffic
violator school for a period of one year from and after the date of
the original licensee's death, and necessary one-year extensions may
be granted to permit disposal of the business and qualification for a
license of a purchaser of the business or the surviving spouse or
heir. The department may restrict or condition a temporary license
and attach to the exercise of the privilege thereunder any terms and
conditions that in the department's judgment are required for the
protection of the public.
11205. (a) The department shall publish a traffic violator school
referral list of all the approved locations of traffic violator
school classes, by school name, to be transmitted to each municipal
court in the state, and to each superior court in a county in which
there is no municipal court, in sufficient quantity to allow the
courts to provide a copy to each person referred to traffic violator
school. The list shall be revised at least twice annually and
transmitted to the courts by the first day of January and the first
day of July. It shall include all of the following:
(1) The name of each traffic violator school or, pursuant to
subdivision (d), the general term "traffic violator school" followed
by its traffic violator school license number.
(2) A phone number used for student information.
(3) The county and the judicial district.
(4) The cities where classes are available.
(b) Each traffic violator school owner shall be permitted one
school name in a judicial district.
(c) The list shall be organized alphabetically in sections for
each county and subsections for each judicial district within the
county. The order of the names within each judicial district shall
be random pursuant to a drawing or lottery conducted by the
department.
(d) On the list prepared by the department under subdivision (c),
each traffic violator school shall appear by name unless a court
determines, pursuant to subdivision (e), that a name is inappropriate
and directs the department to delete the name and instead list the
school by the term "traffic violator school" followed by its license
number. The deletion of the name of a school from the list for a
judicial district shall not affect whether that school appears by
name on the list for any other judicial district within the state.
In making a determination under this subdivision regarding the
deletion of a name from the list, the court shall use as its criteria
whether the name is misleading to the public, undignified, or
implies that the school offers inducements or premiums which derogate
or distort the instructional intent of the traffic safety program.
(e) When the department transmits any referral list pursuant to
subdivision (a), each court shall do all of the following:
(1) Within 30 days of receipt of the list, notify the school owner
of any school name that the court intends to remove from the
referral list.
(2) Within 60 days of receipt of the list, make every effort to
schedule, conduct, and complete a hearing for the school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion
of the hearing, pursuant to subdivision (h).
(3) Within 10 days of the completion of that hearing, notify the
department and school owner of any school names it intends to remove
from the referral list.
(f) In order for a court action to delete a school name from the
next referral list published by the department, the department shall
receive court notification no later than 90 days prior to publication
of the next referral list and, absent a direct order by the
appellate division of the superior court or a court of higher
jurisdiction, the department shall not fail to publish a referral
list on the grounds that there exists pending litigation or appeals
concerning the lists.
(g) Any court notifying the department of a school name it intends
to remove from the list, pursuant to this section, shall provide the
school owner with the name of the judge making those findings.
(h) When a court informs a school owner, pursuant to subdivision
(e), of its decision to delete the name of a traffic violator school
from that judicial district's subsection of the department's traffic
violator school referral list, the owner may, on a form approved by
the department, submit a substitute name to the court and request
approval of that name. The court shall, within 30 days of receipt of
the request for approval of the substitute name, inform the
department and the school owner, on a form approved by the
department, of its approval or rejection of the substitute name. The
school owner may continue this appeal process for approval of a
substitute name until the court determines that the name does not
violate the standard set forth in subdivision (d). A name approval
in a judicial district shall not affect the school's name or listing
in any other district in the state. The department shall not impose
any fee or license requirement under this subdivision.
(i) If a court fails to act within 30 days on a request of a
traffic violator school owner, pursuant to subdivision (h), the
proposed substitute name shall be deemed approved by the court for
the purposes of the traffic violator school referral list.
(j) (1) Every application filed with the department on and after
June 1, 1991, for an original license by a traffic school owner or
for approval to conduct classes in a judicial district not previously
approved, shall be accompanied by the approval of the court in each
judicial district proposed for those operations of the name of the
school, on a form approved by the department for that purpose. For
the approved name to be included in the traffic violator school
referral list, the form shall be received by the department no later
than 90 days prior to publication.
(2) When a court disapproves a school name pursuant to this
subdivision, the court shall notify the school owner within 30 days
of its disapproval and schedule a hearing for that school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion
of the hearing, pursuant to subdivision (h).
(3) The court shall make every effort to schedule, conduct, and
complete a hearing within 60 days of receipt of the school owner's
request for a school name approval. A name approval in a judicial
district shall not affect the school's name or listing in any other
district in the state. A change in physical location by a school
within a judicial district shall not require approval pursuant to
this subdivision.
(k) The department shall publish a list of the owners of traffic
violator schools. One copy shall be provided to each municipal court
in the state, and to each superior court in a county in which there
is no municipal court. This list shall be revised at least twice
annually and transmitted to the courts by the first day of January
and the first day of July. This list shall include all of the
following:
(1) The name of each school, grouped by owner.
(2) The business office address.
(3) The business office telephone number.
(4) The license number.
(5) The owner's name.
(6) The operator's name.
(l) Except as otherwise provided in subdivision (d) of Section
42005, the court shall use either the current list of traffic
violator schools published by the department when it orders a person
to complete a traffic violator school pursuant to subdivision (a) or
(b) of Section 42005 or, when a court utilizing a nonprofit agency
for traffic violator school administration and monitoring services in
which all traffic violator schools licensed by the department are
allowed the opportunity to participate, a statewide referral list may
be published by the nonprofit agency and distributed by the court.
The agency shall monitor each classroom location situated within the
judicial districts in which that agency provides services to the
courts and is represented on its referral list. The monitoring shall
occur at least once every 90 days with reports forwarded to the
department and the respective courts on a monthly basis.
(m) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(n) If any provision of subdivision (d) or (e), as added by
Section 4 of Assembly Bill 185 of the 1991-92 Regular Session, or the
application thereof to any person, is held to be unconstitutional,
this section is repealed on the date the decision of the court so
holding becomes final.
11205. (a) The department shall publish semiannually, or more often
as necessary to serve the purposes of this act, a list of all
traffic violator schools which are licensed pursuant to this section.
The list shall identify classroom facilities within a judicial
district that are at a different location from a licensed school's
principal facility. The department shall transmit the list to each
municipal court and to each superior court in a county in which there
is no municipal court, with a sufficient number of copies to allow
the courts to provide one copy to each person referred to a licensed
traffic violator school. The department shall, at least
semiannually, revise the list to ensure that each court has a current
list of all licensed traffic violator schools.
(b) Each licensed traffic violator school owner shall be permitted
one school name per judicial district.
(c) The referral list shall be organized alphabetically, in
sections for each county, and contain subsections for each judicial
district within the county. The order of the names within each
judicial district shall be random pursuant to a drawing or lottery
conducted by the department.
(d) Except as otherwise provided in subdivision (d) of Section
42005, the court shall use either the current referral list of
traffic violator schools published by the department when it orders a
person to complete a traffic violator school pursuant to subdivision
(a) or (b) of Section 42005 or, when a court utilizing a nonprofit
agency for traffic violator school administration and monitoring
services in which all traffic violator schools licensed by the
department are allowed the opportunity to participate, a statewide
referral list may be published by the nonprofit agency and
distributed by the court. The agency shall monitor each classroom
location situated within the judicial districts in which that agency
provides services to the courts and is represented on its referral
list. The monitoring shall occur at least once every 90 days with
reports forwarded to the department and the respective courts on a
monthly basis.
(e) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(f) If any provision of subdivision (d) or (e) of Section 11205,
as added by Section 4 of Assembly Bill 185 of the 1991-92 Regular
Session, or the application thereof to any person, is held to be
unconstitutional, that Section 11205 is repealed on the date the
decision of the court so holding becomes final, and on that date,
this section shall become operative.
11205.1. The fee authorized in subdivision (m) of Section 11205
shall be applicable only in those instances where a traffic violator
has agreed to attend or has been ordered to attend a traffic violator
school pursuant to Section 42005, a licensed driving school, or any
other court-approved program for driving instruction.
11206. (a) The department shall license traffic violator school
instructors. Except as exempted by this section, no person shall act
as a traffic violator school instructor without a currently valid
instructor's license issued by the department. Every person, in
order to qualify as a traffic violator school instructor, shall meet
all of the following requirements before an instructor's license may
be issued:
(1) Have a high school education.
(2) Within three attempts, pass an examination, as required by the
department, on traffic laws, safe driving practices, operation of
motor vehicles, and teaching methods and techniques.
(3) Hold a currently valid California driver's license, which is
not subject to probation pursuant to Section 14250 due to the
applicant being a negligent operator within the meaning of Section
12810 or 12810.5. The applicant's driving record shall not have any
outstanding notice for violating a written promise to appear in court
or for willfully failing to pay a lawfully imposed fine, as provided
in Section 40509.
(4) Be 18 years of age or older.
(b) All the qualifying requirements specified by this section
shall be met within one year from the date of application for a
license or the application shall lapse. However, the applicant may
thereafter submit a new application upon payment of the requisite
fee.
(c) A license issued pursuant to this section is not required to
provide instruction to traffic violators in a public school or other
public educational institution by a person holding a valid teaching
credential with satisfactory training or experience in the subject
area, as determined by the department. Persons exempt from licensure
under this section are not required to obtain a license certificate
pursuant to Section 11207.
11206.5. Each applicant for a license as a traffic violator school
owner, traffic violator school operator, or traffic violator school
instructor shall submit an application to the department on the forms
prescribed by the department. The applicant shall provide the
department with any information concerning the applicant's character,
honesty, integrity, and reputation which the department may consider
necessary.
11207. (a) The department shall issue a license certificate to each
traffic violator school instructor when it is satisfied that he or
she has met the qualifications required under this chapter. The
original instructor license and any license renewed pursuant to
subdivisions (b) and (c) shall be valid for a period of three years
from the date of issuance unless canceled, suspended, or revoked by
the department.
(b) Every application for the renewal of a traffic violator school
instructor license may be made by the licensee prior to the
expiration date of the license by presenting to the department a
completed application on a form provided by the department. In no
event shall a traffic violator school instructor renew the license
after the date of expiration.
(c) The department shall require all of the following for the
renewal of an instructor's license:
(1) Compliance with Section 11206, except subdivision (c) thereof.
(2) Satisfactory completion of an examination as provided in
Section 11206 at least once during each succeeding three-year period
after the initial issuance of the license. However, in lieu of
examination for renewal of the license, the department may accept
submission by the licensee of evidence of continuing professional
education.
(d) When, in its judgment, the public interest so requires, the
department may issue a probationary license subject to special
conditions to be observed by the licensee in the exercise of the
privilege granted. The conditions to be attached to the license
shall be such as may, in the judgment of the department, be in the
public interest and suitable to the qualifications of the applicant,
as disclosed by the application and investigation by the department
of the information contained therein.
11208. (a) Fees for issuance by the department of a license to a
traffic violator school owner shall be as follows:
(1) For the original license or an ownership change which requires
a new application, except as provided by Section 42231, a fee of one
hundred fifty dollars ($150), with an additional fee of seventy
dollars ($70) for each separate traffic violator school branch or
classroom location licensed. The fee prescribed by this subdivision
is nonrefundable.
(2) For annual renewal of the license for a traffic violator
school and for each branch or classroom location, a fee of fifty
dollars ($50).
(3) If alteration of an existing license is required by a firm
name change, a change in corporate officer structure, address change,
or the addition of a traffic violator school branch or classroom
location, a fee of seventy dollars ($70).
(4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
(b) Fees for the issuance by the department of a license for a
traffic violator school operator shall be as follows:
(1) For the original license, a nonrefundable fee of one hundred
dollars ($100).
(2) For annual renewal of the license, a fee of fifty dollars
($50).
(3) If alteration of an existing license is caused by a change in
the name or location of the established principal place of business
of the traffic violator school operated by the licensee, including a
transfer by a licensee from one traffic violator school to another, a
fee of fifteen dollars ($15).
(4) For replacement of the license certificate when the original
license is lost, stolen, or mutilated, a fee of fifteen dollars
($15).
(c) Fees for the issuance by the department of a license for a
traffic violator school instructor shall be as follows:
(1) For the original license, except as provided by Section 42231,
a nonrefundable fee of thirty dollars ($30).
(2) For the triennial renewal of a license, a fee of thirty
dollars ($30).
(3) If alteration of an existing license is required by a change
in the instructor's employing school's name or location, or transfer
of the instructor's license to another employing school, a fee of
fifteen dollars ($15).
(4) For replacement of the instructor's license certificate when
the original license is lost, stolen, or mutilated, a fee of fifteen
dollars ($15).
(d) The department shall charge a fee, not to exceed three dollars
($3), for each completion certificate issued by a traffic violator
school to each person referred by a court pursuant to Section 42005
and completing instruction at the traffic violator school. The
amount of the fee shall be determined by the department and shall be
a fee sufficient to defray the actual costs incurred by the
department for publication and distribution of lists of schools for
traffic violators pursuant to Section 11205, for monitoring
instruction, business practices, and records of schools for traffic
violators and for any other activities deemed necessary by the
department to assure high quality education for traffic violators.
Upon satisfactory completion of the instruction offered by a licensed
traffic violator school, the traffic violator school shall provide
the student referred by a court pursuant to Section 42005 with a
certificate of completion furnished by the department. A certificate
of completion shall not be issued to a person who elects to attend a
traffic violator school. A traffic violator school shall not charge
a fee in excess of the fee charged by the department pursuant to
this subdivision for furnishing a certificate of completion. A
traffic violator school may charge a fee not to exceed three dollars
($3), in addition to the fee charged by the department for the
issuance of a duplicate certificate of completion. A student
referred by a court pursuant to Section 42005 shall present this
certificate of completion to the court as proof of completion of
instruction, and no other proof of completion of instruction may be
accepted by the court.
(e) The department shall compile its actual costs incurred to
determine the fee prescribed in subdivision (d) and make available
its financial records used in the determination of the fee for
completion certificates. The fee shall be adjusted every
odd-numbered year based upon the costs incurred during the preceding
two fiscal years. The records described in this subdivision are
public records.
11209. Any traffic violator school owner, traffic violator school
operator, or traffic violator school instructor required to be
licensed under this chapter who fails to renew the license before the
expiration of the license may not renew that license, but may
reapply for an original license pursuant to this chapter. For
purposes of this section, a license that has been canceled may not be
renewed and a license that is suspended or revoked may not be
renewed, until reinstatement or reissuance by the department. If the
period of suspension or revocation extends beyond the expiration of
a license, it may not be renewed, but the person may apply for a new
license thereafter.
11210. Pending determination by the department that an applicant
for a license fully satisfies the requirements of this chapter, the
department may issue a temporary permit to the applicant. A
temporary permit may authorize the operation of a traffic violator
school or acting as a traffic violator school operator or traffic
violator school instructor for a period not to exceed 120 days while
the department is completing its investigation and determination of
all facts relative to the qualifications of the applicant for the
license.
The department may cancel a temporary permit when it has
determined or has reasonable cause to believe that the application is
incorrect or incomplete or the temporary permit was issued in error.
A temporary permit is invalid upon cancellation or once the
applicant has been issued or denied the license applied for.
11211. (a) The department may refuse to issue a license to any
applicant under this chapter when it finds and determines that any of
the following exist:
(1) The applicant was previously the holder of a license under
this chapter which was revoked or suspended.
(2) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(3) The applicant has done any act or series of acts which would
be a cause for suspension or revocation of licensure under Section
11215, regardless of whether the applicant was licensed under this
chapter at the time of the act or acts.
(4) If the applicant is a business, a business representative was
the holder of a previously issued license under this chapter that was
suspended or revoked or has done any act or series of acts which
would be a cause for suspension or revocation of a license under
Section 11215, regardless of whether the business representative was
licensed under this chapter at the time of the act or acts.
(5) By reason of the facts and circumstances relating to the
organization, control, and management of the business, it is likely
that both of the following will occur:
(A) The policy or operation of the business will be directed,
controlled, or managed by an individual who, by reason of an act,
series of acts, or conduct described in paragraph (3) or (4), would
be ineligible for a license.
(B) By licensing the business, the purposes of this division would
be defeated.
(6) The applicant has knowingly made a false statement or
knowingly concealed a material fact in applying for a license under
this chapter.
(7) The applicant, or a business representative if the applicant
is a business, has been convicted of a crime, or committed any act or
engaged in conduct involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity. A conviction after a plea of nolo contendere is a
conviction within the meaning of this section.
(b) Upon refusal of the department to issue a license under this
chapter, the applicant is entitled to a hearing upon demand in
writing submitted to the department within 60 days after notice of
refusal. The hearing shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code.
(c) A person whose license has been revoked or application for a
license has been refused may reapply for the license after a period
of not less than one year has elapsed from the effective date of the
decision revoking the license or refusing the application.
11212. (a) Every owner licensed under this chapter shall keep a
record at the traffic violator school's primary business location
showing all of the following for each student:
(1) The name and address and license number of the traffic
violator school providing instruction.
(2) The name and address of each person given instruction.
(3) The instruction permit number or driver's license number of
every person given instruction.
(4) The name and number of the license issued pursuant to Section
11207 of the traffic violator school instructor.
(5) The particular type of instruction given and the date or dates
of the instruction.
(6) A statement as to whether the approved lesson plan was
followed.
(7) The total number of hours of instruction.
(8) The total cost to the student of the instruction, which shall
not exceed the amount of the fee represented or advertised by the
traffic violator school at the time of the student's enrollment.
(9) The court docket number under which the student was referred
to a traffic violator school.
(10) The number of the completion certificate issued to the
student pursuant to subdivision (e) of Section 11208 and, if
different, the number of any copy thereof issued to the student.
(b) The records shall be retained for a minimum of three years and
shall be open to the inspection during business hours and at all
other reasonable times by the department, the court, a private entity
providing monitoring pursuant to Section 11222, the Legislative
Analyst, and the State Auditor or authorized employees thereof, but
shall be only for confidential use.
(c) Whenever a licensee suspends or terminates the licensed
activity, the licensee shall surrender the records specified in
subdivision (a) to the department for examination not later than the
end of the third day, excluding Saturdays, Sundays, and legal
holidays, after the date of suspension or termination. The
department may duplicate or make a record of any information
contained therein. All these records shall be returned to the
licensee not later than 30 days after the date of surrender.
(d) The address of any person kept pursuant to paragraph (2) of
subdivision (a) shall only be used by the school for school
administrative purposes.
11213. (a) Every traffic violator school owner licensed pursuant to
this chapter shall notify the department within 10 days of any
change in the ownership or corporate structure of the licensee.
(b) Every traffic violator school owner shall immediately notify
the department of the following activities:
(1) Change of the site or location of the school's established
principal place of business.
(2) Addition or deletion of a traffic violator school branch or
classroom location.
(c) Every traffic violator school operator and traffic violator
school instructor licensed pursuant to this chapter shall report to
the department every change of residence address within five days of
the change.
(d) The department may require persons licensed pursuant to this
chapter to submit additional reports as determined necessary by the
department to serve the purposes of this chapter.
11214. The department may monitor any school for traffic violators,
including any traffic violator school branch or classroom location,
without advance notice. The monitoring may include, but is not
limited to, the instruction provided, business practices, and
business records.
11215. The department, after notice and hearing, may suspend or
revoke any license issued under this chapter if any of the following
circumstances exist:
(a) The department finds and determines that the licensee ceases
to meet any requirement to obtain a license under this chapter.
(b) The holder fails to comply with, or otherwise violates, any
provision of this chapter or any regulation or requirement of the
department adopted pursuant to this chapter.
(c) The licensee engages in fraudulent practices with respect to
its activities licensed under this chapter or induces or fails to
promptly report to the department any known fraud or fraudulent
practices on the part of any employee of the traffic violator school.
(d) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or which would reasonably have the effect of leading
persons to believe that the licensee was in fact an employee or
representative of the department, or whenever the licensee
advertises, in any manner or means any statement which is untrue or
misleading and which is known, or which by the exercise of reasonable
care should be known, to be untrue or misleading.
(e) The licensee or any employee or agent of the licensee collects
fees for or preregisters any person in traffic violator school or
solicits traffic violator school instruction in an office of the
department or in any court or within 500 feet of any court.
(f) The licensee is convicted of violating Section 20001, 20002,
20003, 20004, 20006, 20008, 23103, 23104, 23152, or 23153 of this
code or Section 192 of the Penal Code. A conviction after a plea of
nolo contendere is a conviction within the meaning of this section.
(g) The traffic violator school owner teaches, or permits an
employee to teach, traffic safety instruction without a valid
instructor's license.
(h) The traffic violator school owner does not have in effect a
bond as provided in paragraph (3) of subdivision (a) of Section 11202
or a deposit in lieu of the bond, as specified in Section 11203.
11215.5. The department, after notice and hearing, may also suspend
or revoke any license issued under this chapter when any of the
following circumstances exist:
(a) If the main business office of the traffic violator school is
located in any county with a population of 400,000 or more in which
the traffic violator school conducts its instructional program, and
the main business office does not maintain office hours during the
time that the day courts in that county are open for business. This
subdivision shall not apply to public schools.
(b) If the licensee is found by the department to be selling, or
knowingly permitting the sale of, completion certificates.
(c) If the licensee is found by the department to be intentionally
cutting instructional time short.
(d) If the licensee is found by the department to be intentionally
diverting any student to a traffic school other than the school
initially contacted by that student, without disclosure to that
student, through the use of the department's list of licensed traffic
violator schools.
11215.7. Any of the causes specified in this chapter as a cause for
refusal to issue a license under this chapter is cause to suspend or
revoke a license under this chapter.
11216. Any license issued to a traffic violator school owner under
this chapter shall be automatically canceled upon the happening of
any of the following:
(a) The abandonment of the established place of business or the
change thereof without notice to the department pursuant to Section
11213.
(b) The failure to maintain an adequate bond or to procure and
file another bond, as required by Section 11202, prior to the
effective date of the termination by the surety of any existing bond.
(c) The voluntary or involuntary surrender of the license, except
that a surrender or cessation of business by the licensee, or the
suspension or revocation of the corporate status of the licensee,
does not preclude the department from filing an accusation for
revocation or suspension of the surrendered license, as provided in
Section 11215 or 11215.5, or affect the department's decision to
suspend or revoke the license.
(d) Notification to the department that the person designated as
the licensee has changed.
(e) Suspension or cancellation of the corporate status of the
licensee.
11216.2. (a) Any license issued to the owner or operator of a
traffic violator school under this chapter shall be automatically
suspended for 30 days by the department if the department has been
notified that more than one final determination has been made that
the traffic violator school has violated a student's rights under the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101, et seq.) or any other federal or state law prohibiting
discrimination against individuals with disabilities. The final
determination shall be made by a federal or state court of competent
jurisdiction or an appropriate federal or state administrative
agency, including, but not limited to, the Department of Fair
Employment and Housing, or any combination thereof.
For the purpose of this subdivision, "final determination" means
that no further appeal of a determination can be taken to any court
because the time period for the appeal has expired.
(b) If a traffic violator school subject to suspension under this
section is operated by a traffic school operator licensed pursuant to
Section 11202.5 who is operating other traffic schools, the licenses
of the owners of those traffic schools operated by that traffic
school operator also shall be suspended for the 30-day period.
11216.5. (a) The department, after notice and hearing, on an
interim basis, may refuse to issue or may suspend a license issued
under this chapter when the applicant or licensee, or a business
representative if the applicant or licensee is a business, has been
convicted of a crime involving moral turpitude which is substantially
related to the qualifications, functions, or duties of the licensed
activity, if an appeal of the conviction is pending or the conviction
has otherwise not become final. A conviction after a plea of nolo
contendere is a conviction within the meaning of this section.
(b) If a conviction, on which an interim refusal to issue or
suspension under subdivision (a) is based, is affirmed on appeal or
otherwise becomes final, the refusal to issue or the suspension shall
automatically take effect as a denial or revocation, as the case may
be, of the license. If the interim refusal to issue or suspension
was stayed under probationary terms and conditions, the subsequent
automatic denial or revocation shall also be stayed under the same
terms and conditions for a term not to exceed the original term of
probation for the interim refusal to issue or suspension.
(c) If a conviction, upon which an interim refusal to issue or
suspension under subdivision (a) is based, is reversed on appeal, the
refusal or suspension shall be set aside immediately by the
department.
11217. (a) Every licensee under this chapter is entitled to notice
and hearing prior to suspension or revocation of the license by the
department, except that the department shall immediately suspend the
license pursuant to subdivision (e) for any act of fraud specified in
subdivision (c) or (d) of Section 11215.
(b) Before reinstatement of any license suspended pursuant to
subdivision (a) of Section 11215, the licensee shall pay the
department a reinstatement fee of five dollars ($5).
(c) The notice and hearings provided for in this division shall be
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
(d) Any action of the department, in suspending, canceling,
revoking, or failing to renew a license issued pursuant to this
chapter, may be reviewed by any court of competent jurisdiction.
(e) The department may, pending a hearing, temporarily suspend the
license or permit of any traffic violator school owner, operator, or
instructor for a period of not more than 30 days if the director
finds that the public interest so requires. In that case, a hearing
shall be held and a decision issued within 30 days after issuance of
the notice of temporary suspension.
(f) The suspension, expiration, or cancellation of a license
issued pursuant to this chapter does not preclude the filing of an
accusation for the revocation or suspension of the suspended,
expired, or canceled license, and does not invalidate or otherwise
preclude a decision by the department to suspend or revoke the
license, and this determination may be considered by the department
in granting or refusing to grant any subsequent license under this
chapter to the same licensee or to any business representative of the
same licensee.
11217.5. Any owner licensed under this chapter who has closed his
or her established place of business or any operator or instructor
currently or previously licensed under this chapter who no longer
resides at the address last filed with the department, may be served
with process issued pursuant to Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code by
registered mail at that place of business, in the case of an owner,
or at that residence, in the case of an operator or instructor,
unless the person has notified the department in writing of another
address where service may be made.
11218. (a) After the filing of an accusation under this chapter,
the director may enter into a stipulated compromise settlement
agreement with the consent of the licensee on terms and conditions
mutually agreeable to the director, the respondent licensee, and the
accuser without further hearing or appeal. The agreement may
include, but is not limited to, a period of probation or monetary
penalties, or both. The monetary penalty shall not exceed one
thousand dollars ($1,000) per violation for a traffic violator school
owner or five hundred dollars ($500) per violation for traffic
violator school operators or instructors, and shall be based on the
nature of the violation and the effect of the violation on the
purposes of this chapter.
(b) A compromise settlement agreement may be entered before,
during, or after the hearing, but is valid only if executed and filed
pursuant to subdivision (d) before the proposed decision of the
hearing officer, if any, is adopted or the case is decided.
(c) The department shall adopt, by regulation, a schedule of
maximum and minimum amounts of monetary penalties, the payment of
which may be included as a term or condition of a compromise
settlement agreement entered under subdivision (a). Any monetary
penalty included in a compromise settlement agreement shall be within
the range of monetary penalties in that schedule.
(d) Any compromise settlement agreement entered under this section
shall be signed by the director, the respondent licensee, and the
accuser, or by their authorized representatives. The director shall
file, or cause to be filed, the agreement with the Office of
Administrative Hearings, together with the department's notice of
withdrawal of the accusation or statement of issues upon which the
action was initiated, unless that accusation or statement has not yet
been forwarded to the Office of Administrative Hearings.
(e) If the respondent licensee fails to perform all of the terms
and conditions of the compromise settlement agreement, the agreement
is void and the department may take any action authorized by law
notwithstanding the agreement, including, but not limited to,
refiling the accusation or imposing license sanctions.
11219. The director may prescribe rules and regulations for traffic
violator schools regarding the conduct of courses of education
including curriculum, facilities, and equipment. The curriculum
shall include, but is not limited to, the rights and duties of a
motorist as they pertain to pedestrians and the rights and duties of
a pedestrian as they relate to traffic laws and traffic safety. The
director may also prescribe rules and regulations for the conduct of
instructor training courses.
11219.3. The curriculum prescribed pursuant to Section 11219 shall
include, but is not limited to, the rights and duties of a motorist
as they pertain to pedestrians and the rights and duties of a
pedestrian as they relate to traffic laws and traffic safety.
11219.5. A traffic violator school shall issue a receipt for any
fee collected by the traffic violator school from any person who
registers for or attends, or both, the traffic violator school.
11220. The department may require any person licensed under this
chapter to submit to a reexamination of his or her qualifications
when there is reasonable cause to believe that the licensee does not
have the ability to give instruction. If the licensee refuses or
fails to submit to the reexamination, the department may, without a
hearing, temporarily suspend his or her license until such time as
the licensee submits to the reexamination. The suspension shall be
effective upon receipt of notice by the licensee.
11222. The department may contract with a nongovernmental entity to
administer any part of this chapter, subject to limitations in other
laws regarding contracting out for services. No contract shall
exceed three years' duration. The contracting entity, and any
affiliate or subsidiary thereof monitoring traffic violator schools,
shall conform to all of the following requirements:
(a) Engage in no other business activity with traffic violator
schools or any of the principals of the traffic violator schools,
including the provision of services or supplies.
(b) Provide reports in statistical form to the department and to
the Legislature as instructed by the department. These reports shall
be issued not less frequently than annually.
(c) Make its records available for inspection by authorized
representatives of the department, the Legislative Analyst, and the
State Auditor.
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