California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 6.1 - Administrative Adjudication
Section 440.04 - Occupational Licensing and Disciplinary Guidelines
In reaching a decision on a licensing or disciplinary action under Division 5 of the Vehicle Code and the Administrative Procedure Act (Government Code section 11400, et seq.), the Director of Motor Vehicles or his or her designee shall consider the guidelines entitled "Occupational Licensing and Disciplinary Guidelines" (Rev. 4/2010), which are hereby incorporated by reference, and any and all other sanctions provided by relevant statutes and regulations. Deviation from these guidelines and orders, including standard terms of probation, is appropriate where the Director or his or her designee, in his or her sole discretion, determines that the facts of the particular case warrant such a deviation, for example, the presence of mitigating factors, the age of the case, and evidentiary problems.
1. New
section filed 6-27-97; operative 6-27-97 (Register 97, No. 26). This interim
regulation is exempt from most of the procedural requirements of the
Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
3.5, Division 3, Title 2, Government Code) and from review by the Office of
Administrative Law pursuant to Government Code sections
11400.20
and 11400.21 and will expire on December 31, 1998, unless earlier terminated or
replaced by, or readopted as, permanent following the procedures of the
Administrative Procedure Act.
2. Permanent section transmitted to
OAL 8-20-98 pursuant to Government Code section 11400.21 and filed 10-1-98;
operative 10-1-98 (Register 98, No. 40). Government Code section 11400.21
exempts this regulation from OAL review for Necessity.
3. Amendment
filed 7-15-2008; operative 8-14-2008 (Register 2008, No. 29).
4.
Change without regulatory effect amending the document, "Occupational Licensing
and Disciplinary Guidelines" (incorporated by reference) and amending section
filed 6-14-2010 pursuant to section
100, title 1, California Code of
Regulations (Register 2010, No. 25).
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 11340.5 and 11425.50(e), Government Code; and Sections 11100 through 11909, Vehicle Code.
