Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The department may suspend or revoke a
requester code or an on-line access special permit, may refuse to issue a
requester code or on-line access special permit, or may refuse to approve
access to confidential address information, after notice and opportunity to be
heard, for any of the following reasons:
(1)
The application is incomplete.
(2)
The applicant requests access to residence address information when not
authorized such access pursuant to statute, regulation, or rule of
court.
(3) Based on the applicant's
stated purpose for requesting information, the department determines that the
public interest in withholding the information outweighs the public interest in
releasing the information.
(4) The
information on the application for a requester code is incorrect, false,
misleading, or identifies an intended misuse of the information
requested.
(5) The applicant, or a
representative of the applicant, was previously the holder or a managerial
employee of the holder of a requester code revoked for cause and never reissued
by the department, or suspended for cause and the terms of the suspension are
not fulfilled. For the purposes of this subdivision, a representative means a
proprietor, limited or general partner, a managerial employee, or a director or
officer active in the management, direction, or control of the business of the
requester code holder. A managerial employee is any person who exercises
managerial control over the business of a requester code holder.
(6) The holder, or any employee of the
holder, used information received from the department for a purpose other than
the purpose stated in the holder's application for a requester code.
(7) The bond required pursuant to section
350.24 is canceled and a
replacement bond is not filed with the department prior to the
cancellation.
(8) The holder
submitted a check, draft, or money order to the department, that was thereafter
dishonored when presented for payment.
(9) The holder sold or otherwise delivered
information obtained from the department to a person other than the requester
code holder for whom the information was obtained except as provided for in
section 350.18(b)(6).
(10) The holder failed to pay for information
received from the department.
(11)
The holder or any representative of the holder represented to any person that
the holder or such representative as an officer, agent or employee of the
department.
(12) The holder
published any false or misleading advertising related to the purchase of
information from the department.
(13) The holder used the DMV logogram in any
advertising or other materials used in the business of the holder. If the
holder uses the DMV logogram in any advertising, the advertising shall neither
state nor infer that there is any official connection between DMV and the
advertiser or that DMV has sanctioned or approved of either the advertisement
or the advertiser's services.
(14)
The holder violated any of the provisions contained in this
article.
(b) The notice
and hearing provided for in this section 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) This section
shall remain in effect only until October 1, 2000, and as of that date is
repealed.
(d) From October 1, 1998
through September 30, 2000, provisions of this section shall apply only to
requester codes issued or renewed on or before October 1, 1998.
1. Change
without regulatory effect renumbering and amending former section
320.52 to section 350.52 filed
7-19-93 pursuant to title 1, section
100, California Code of
Regulations (Register 93, No. 30).
2. New subsections (c) and (d)
filed 8-31-98; operative 9-30-98 (Register 98, No.
36).
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.
