California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 5 - Requesting Information from the Department
Section 350.28 - Nongovernmental Requester Code Holder's Request for Information
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A nongovernmental requester code holder's request, including an on-line access request, for information must include a requester code issued to the requester and, if acting on behalf of another, a requester code issued to the end user of the information. If the request is made by telephone or in person, the personal identification number of the requester code holder making the request may be required. The request must also include one or more of the following points of identification of the record:
(b) If the end user of information that includes a residence address is a financial institution, the financial institution must determine before submitting the request, either that it has obtained a written waiver of the right to confidentiality of residence address signed by the individual about whom the information is requested, or that such individual is presently obligated to the financial institution under an agreement that was executed prior to July 1, 1990.
(c) If the end user of information that includes a residence address is an insurance company, the insurance company must determine before submitting the request, that it obtained a written waiver of the right to confidentiality of residence address signed by the individual about whom the information is requested; that such individual is presently insured under a policy, and that a named insured under that policy signed such a written waiver; or that such individual was involved in an accident with a person who is insured by the end user.
(d) If the end user of information that includes a residence address is an attorney, the attorney must determine before submitting the request, that the request is pursuant to section 1808.22(c) of the Vehicle Code.
(e) If the end user of the information that includes a residence address is a vehicle manufacturer or a vehicle manufacturer's agent, the manufacturer or the agent must determine before submitting the request, that the request is pursuant to section 1808.23(a) of the Vehicle Code.
(f) If the end user of the information that includes a residence address is a vehicle dealer or a vehicle dealer's agent, the dealer or the agent must determine before submitting the request, that the request is pursuant to section 1808.23(b) of the Vehicle Code.
(g) If the end user of the information that includes a residence address is requesting the information as permitted under subdivision (h) of section 1798.24 of the Civil Code, the requester must determine before submitting the request, that no persons will be contacted by mail or otherwise at the address included with the information.
(h) If the end user of information that includes a residence address is not requesting the residence address information pursuant to section 1808.22 or 1808.23 of the Vehicle Code, the end user must cite a federal or state statute, regulation, or rule of court that specifically requires the department to release the residence address information from its records.
1. Change
without regulatory effect renumbering and amending former section
320.28 to section 350.28 filed
7-19-93 pursuant to title 1, section
100, California Code of
Regulations (Register 93, No. 30).
2. Amendment of subsections (b),
(c) and (h) filed 6-13-2001; operative 7-13-2001 (Register 2001, No.
24).
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.