Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The department shall investigate the
background of each applicant for a traffic violator school owner, operator or
instructor license pursuant to Chapter 1.5, Division 5 (commencing with Section
11200), to ensure that each applicant is fit to properly perform the duties of
the occupation to be licensed. No permanent license shall be issued pending
completion of this investigation; however, the department may issue a temporary
permit pursuant to Vehicle Code Section
11210.
(b) Each applicant shall be required to
complete an Application For Occupational Licensing (Part B) Personal History
Questionnaire, form OL 29 (Rev 3/94), provided by the department. Owner
applications shall include a Questionnaire completed by:
(1) The sole owner or
(2) All general partners or
(3) For a corporate owner all principle
corporate officers; all parties to a trust agreement; all corporate board
members; and any stockholders who are active in the management, direction or
control of the corporation or
(4)
The public administrator and
(5)
Any other parties who are active in the management, direction or control of the
business activities of the school.
(c) 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 social security number of the
applicant.
(5) The physical
description of the applicant including sex, color of hair, color of eyes,
height, weight and birthdate.
(6)
Whether or not the applicant holds a valid California driver license. When the
applicant is a holder of a valid California driver license, the license number
shall be provided.
(7) Any name or
names the applicant has been known by or used other than the name provided in
subdivision (c)(1).
(8) 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.
(9) For instructors
only, whether the applicant has attended and or completed high school or
college, the name and address of any high school or college attended, and the
date studies were completed.
(10)
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. When the applicant has previously
been or is currently licensed as described in subdivision (c)(10), each current
or previous occupational license number issued to the applicant shall be
provided.
(11) 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
licence was revoked, suspended or subject to other disciplinary action. When
the applicant answers yes to subdivision (c)(11), the occupational license
number, the type of license, the action and the date of the action taken by the
department shall be provided.
(12)
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. 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.
(13)
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. 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.
(14) 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. 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.
(15) 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, including traffic offenses, within the last ten years. 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, including traffic offenses, within the last ten years, each
offense shall be listed with the conviction date, the court of jurisdiction and
the disposition.
(16) 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.
(17) A
statement signed by the owner, operator or administrator of the traffic
violator school acknowledging the information provided on the personal history
questionnaire.
(d) 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 subdivision (c)(15).
1. New
section filed 10-26-94; operative 11-25-94 (Register 94, No.
43).
Note: Authority cited: Sections 1651, 11202(a)(2) and
11219. Reference: 42 U.S.C.
405; Section
11350.6,
Welfare and Institutions Code; and Sections
11202,
11202.5,
11206,
11211,
11215 and
11215.5,
Vehicle Code.
