Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All applicants for a vehicle dealer
license subject to Vehicle Code Section 11704.5 shall provide evidence to the
department of having successfully completed an educational program as described
by Vehicle Code Section 11704.5(b) and this article.
(1) When a firm, corporation, association,
limited liability company, or a partnership submits a dealer license
application which is subject to Vehicle Code Section 11704.5, at least one
person who is part of the ownership structure and who is required to submit a
Personal History Statement, and who will have primary responsibility for
managing the day to day dealership business which is reliant on the subject
matter knowledge contained in the dealer examination shall be required to
provide evidence to the department of having successfully completed an
educational program as described by Vehicle Code Section 11704.5(b) and this
article.
(b) The
educational program completed by dealer license applicants subject to Vehicle
Code Section 11704.5 must be a program which is approved and certified by the
department.
(c) The educational
program completed by dealer license applicants subject to Vehicle Code Section
11704.5 shall adequately cover the subject areas specified in Vehicle Code
Section 11704.5(a) and the additional subjects specified in section
268.04(b) of this
article.
(d) The lesson plans for
all educational programs provided under this section shall be approved by the
department as complying with the program requirements described in this article
and in Vehicle Code Section 11704.5. All lesson plans approved by the
department shall also substantially comply with the department's Lesson Plan
Guideline for Used Vehicle Dealer Education Programs, OL 2000 (New. 8/97),
which the department hereby incorporates by reference.
(e) All dealer educational program providers
shall submit their fully developed lesson plans to the department for approval
prior to utilizing them in a program.
(1) All
lesson plans submitted for approval shall include a complete table of contents,
and the pages of the plan shall be consecutively numbered.
(2) All lesson plans submitted for approval
shall include samples of all workbooks, videos, tests, final exams, and other
teaching aids used in the program.
(3) All lesson plans submitted for approval
shall include a time schedule that specifies the time allotted to cover each
subject area, the time allotted for break periods, and the time allotted for
administrative activities.
(f) All educational program providers shall
be responsible for revising their approved lesson plans as necessary to ensure
that all required subject areas presented reflect substantial ongoing changes
in relevant statutes, regulations or other requirements.
(1) Any substantial change(s) to the lesson
plan of an approved program must be authorized in writing by the department
prior to presenting them in an approved program.
(g) All proposed program lesson plans and
proposed changes to approved lesson plans submitted by a program provider to
the department for approval shall receive a letter of approval or disapproval
within 30 working days of receipt by the department of a proposed lesson plan
or a proposed lesson plan change.
(1) The
department shall provide a written receipt within 10 working days of receiving
any proposed lesson plan and proposed change to an approved lesson plan
submitted by a program provider for the department's approval.
(A) The receipt provided by the department
shall inform the program provider that the proposed lesson plan or lesson plan
change is complete and accepted for consideration or is deficient and specify
what additional data or materials are necessary.
(2) All programs approved by the department
shall receive a written certification containing a unique certification number
issued by the department.
(3) An
educational program approved by the department shall remain certified only so
long as the program continues to meet all program requirements as described in
this article and in Vehicle Code Section 11704.5.
(4) Whenever a program fails to meet all
program requirements, the department shall notify the program provider in
writing of all program deficiencies and shall include specific instructions on
how the program can correct the identified deficiencies.
(A) The department will allow the program
provider 20 working days from the date of the deficiency notice to implement
the required changes in order to correct the identified program
deficiencies.
(5) In the
event a program provider fails to implement the required program corrections
for all identified program deficiencies within the specified period, the
department will decertify the program in writing which will specify the
effective date of the decertification.
(6) Any program completion certificates
issued for any period of instruction during which the issuing program was not
certified by the department will not be accepted as evidence of program
completion.
(h) All
educational programs provided under this section shall contain a comprehensive
final examination which tests for knowledge of all subjects which are required
to be covered in the program.
(1) A successful
passing score of 70% on the final program examination is required of all
program participants prior to the issuance of a completion certificate by the
program provider.
(i) All
persons who wish to be admitted as students to a certified dealer educational
program are required to present a current California DL or ID as personal
identification.
(1) All certified program
providers shall refuse to provide a program completion certificate to any
person who has not presented a current California DL or ID which verifies his
or her personal identity.
(j) Records of all classes given by a
certified program provider shall be compiled and retained by the provider for
not less than one (1) year and one (1) month from completion of the class.
(1) Records shall include complete student
rosters, course dates and times, and all final examinations and
scores.
(2) Records shall be made
available to department inspectors and investigators for official purposes
relating to inquiries of program sufficiency or program
fraud.
1. New
section filed 3-31-98; operative 3-31-98 pursuant to Government Code section
11343.4(d) (Register 98, No. 14).
Note: Authority cited: Section 1651, Vehicle Code.
Reference: Sections 470 and 11704.5, Vehicle
Code.
