reglab/statecodes huggingface dataset:
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 100.91 - Certification of Ignition Interlock Device [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 2.4 (sections
						100.91-100.95) and section filed
						9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Editorial
						correction of subsection (a)(3) (Register 99, No. 9).
3. Renumbering
						of former article 2.4 to new article 2.55 and renumbering of former section
						100.91 to section
						125.02 filed 6-22-2001; operative
						7-22-2001 (Register 2001, No. 25).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Sections
						  1652 and
						  23235,
						  Vehicle Code; and Sections
						  15374-
						  15378,
						  Government Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 100.92 - Refusal, Suspension or Revocation of Device Certification [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2.
						Renumbering of former section
						100.92 to section
						125.08 filed 6-22-2001; operative
						7-22-2001 (Register 2001, No. 25).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Section
						  23235,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 100.93 - Modification of Certified Device [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2.
						Renumbering of former section
						100.93 to section
						125.04 filed 6-22-2001; operative
						7-22-2001 (Register 2001, No. 25).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Section
						  23235,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 100.94 - Referral to an Authorized Installer [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2.
						Renumbering of former section
						100.94 to section
						125.10 filed 6-22-2001; operative
						7-22-2001 (Register 2001, No. 25).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Sections
						  23235 and
						  23246(f),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 100.95 - Facilities and Records [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2.
						Renumbering of former section
						100.95 to section
						125.14 filed 6-22-2001; operative
						7-22-2001 (Register 2001, No. 25).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Section
						  23235,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.05 - Business Hours [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						article 2.5 (sections
						101.05-101.50, not consecutive)
						filed 2-22-85 as an emergency; effective upon filing (Register 85, No. 10). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 6-24-85.
2. Order of Repeal
						of article 2.5 (sections
						101.05-101.50, not consecutive)
						filed 7-22-85 by OAL pursuant to Government Code section
						11349.6
						(Register 85, No. 30).
3. New article 2.5 (sections
						101.05-101.50, not consecutive)
						filed 7-24-85 as an emergency; effective upon filing (Register 85, No. 30). A
						Certificate of Compliance must be transmitted to OAL within 120 days or
						emergency language will be repealed on 11-21-85.
4. Certificate of
						Compliance transmitted to OAL 11-21-85 and filed 12-27-85 (Register 85, No.
						52).
5. Change without regulatory effect renumbering former section
						101.05 to section
						345.05 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651 and
						  11202(a)(3),
						  Vehicle Code. Reference: Sections
						  320,
						  11202(a)(2),
						  11208(a)(3),
						  11212(b),
						  11213(b)
						  and
						  11214,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.10 - Authorized Signatures [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.10 to section
						345.10 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651 and
						  11202(a)(3),
						  Vehicle Code. Reference: Section
						  11213,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.15 - Curriculum Content [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.15 to section
						345.15 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651,
						  11202(a)(3)
						  and
						  11219,
						  Vehicle Code. Reference: Section
						  11202,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.20 - Course Structure [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.20 to section
						345.20 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651,
						  11202(a)(3)
						  and
						  11219,
						  Vehicle Code. Reference: Section
						  11202,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.25 - Instructors [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.25 to section
						345.25 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651,
						  11202(a)(3)
						  and
						  11219,
						  Vehicle Code. Reference: Section
						  11207(c)(2),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.30 - Fingerprinting of Applicants [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.30 to section
						345.30 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651 and
						  11202(a)(3),
						  Vehicle Code. Reference: Sections
						  11202(a)(1)
						  and
						  11206(a),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.35 - Completion Certificates [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.35 to section
						345.35 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651 and
						  11202(a)(3),
						  Vehicle Code. Reference: Section
						  11208(c),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.40 - Lost or Stolen Completion Certificates [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.40 to section
						345.40 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Sections
						  1651 and
						  11202(a)(3),
						  Vehicle Code. Reference: Section
						  11208(c),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.45 - Alcoholic Beverage on School Premises [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.45 to section
						345.45 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Section
						  11202(a)(3),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › STUDENT LICENSES › Section 101.50 - Separate Telephone Numbers [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
						without regulatory effect renumbering former section
						101.50 to section
						345.50 filed 7-19-93 pursuant to
						title 1, section
						100, California Code of
						Regulations (Register 93, No. 30).
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Section
						  11202(a)(3),
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 110.01 - Factors Considered in Lapse of Consciousness Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The department may suspend or revoke the driving
						privilege of any individual that the department determines has a disorder
						characterized by lapses of consciousness or episodes of marked confusion, as
						defined in Title 17, Division 1, Chapter 4, Sections
						2800 through
						2808 of the California Code of
						Regulations, which affects the individual's ability to drive safely and/or to
						have reasonable control of a motor vehicle. In making this determination, the
						department may consider:
(a) The
					 effect(s) of the disorder on the physical and mental abilities necessary to
					 drive safely and to exercise reasonable control of a motor vehicle.
(b) The individual's testimony regarding the
					 disorder and his/her ability to drive safely.
(c) Testimony from other individuals who have
					 knowledge of the individual's disorder and his/her ability to drive
					 safely.
(d) Whether the disorder is
					 under control with or without medication.
(e) The individual's reliability regarding
					 compliance with any prescribed medical regimen.
(f) Other medical conditions which may affect
					 the lapse of consciousness disorder.
(g) The individual's driving
					 record.
(h) Any other relevant
					 evidence and/or factors which may affect the individual's ability to drive
					 safely.
(i) A current medical
					 evaluation of the individual provided by the individual's physician, as
					 authorized by the individual, which provides information regarding:
(1) The diagnosis of the disorder.
(2) The date of onset of the
					 disorder.
(3) The date of the last
					 episode and the frequency of episodes.
(4) The stability of the condition.
(5) Any manifestations or impairments
					 associated with the condition.
(6)
					 The medical regimen prescribed and patient compliance with the prescribed
					 regimen.
(5) The physician's
					 prognosis.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 110.02 - Department Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the department determines that an individual has a
						disorder characterized by lapses of consciousness or episodes of marked
						confusion, as defined in Title 17, Division 1, Chapter 4, Sections
						2800 through
						2808 of the California Code of
						Regulations, but also determines upon evaluation of competent medical evidence
						and all relevant factors that the individual is able to drive safely and
						maintain reasonable control of a motor vehicle, the department may
(a) Take no action against the individual's
					 driving privilege.
(b) Place the
					 individual on medical probation to monitor the individual's condition to ensure
					 that the individual continues to be capable of driving safely. An individual
					 placed on medical probation shall be required to:
(1) Authorize his/her physician to provide
					 the department with medical evaluations on a regular basis, the frequency of
					 which shall be determined by the department, or
(2) Report to the department in writing on
					 the status of his/her disorder and
(3) Comply with any additional restrictions
					 of the individual's privilege which the department deems
					 necessary.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.00 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Sections 115.00 through 115.15 of this article are
						applicable to hearings conducted before the department pursuant to Article 3
						(commencing with Section 14100) of Chapter 3 of Division 6, and Chapter 1 of
						Division 7 of the Vehicle Code.
Note: Authority cited: Section
						  1651, Vehicle
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  12508,
						  12517,
						  12517.2,
						  12517.3,
						  12517.4,
						  12519,
						  12520,
						  12523,
						  12523.5,
						  12523.6,
						  12524,
						  12527,
						  12800,
						  12803,
						  12804.2,
						  12804.6,
						  12804.9,
						  12804.12,
						  12804.14,
						  12805,
						  12806,
						  12806.5,
						  12807,
						  12808,
						  12809,
						  12810,
						  12810.2,
						  12810.4,
						  12810.5,
						  12812,
						  12813,
						  12814,
						  12814.6,
						  12818,
						  12819,
						  13007.5,
						  13100,
						  13101,
						  13102,
						  13103,
						  13207,
						  13353,
						  13353.1,
						  13353.2,
						  13353.3,
						  13353.4,
						  13353.5,
						  13353.6,
						  13353.8,
						  13359,
						  13360,
						  13361,
						  13362,
						  13363,
						  13367,
						  13368,
						  13369,
						  13370,
						  13371,
						  13372,
						  13373,
						  13374,
						  13375,
						  13376,
						  13377,
						  13378,
						  13555,
						  13556,
						  13557,
						  13558,
						  13559,
						  13800,
						  13801,
						  13802,
						  13950,
						  13951,
						  13952,
						  13953,
						  13954,
						  14100,
						  14100.1,
						  14101,
						  14103,
						  14104,
						  14104.2,
						  14105.5,
						  14104.7,
						  14105,
						  14105.5,
						  14106,
						  14112,
						  14250,
						  14250.5,
						  14251,
						  14252,
						  14253,
						  15250,
						  15250.3,
						  15250.5,
						  15250.6,
						  15275,
						  15278,
						  16000,
						  16000.1,
						  16020,
						  16020.3,
						  16021,
						  16050,
						  16070,
						  16075,
						  16076,
						  16077,
						  16371,
						  16484 and
						  40807,
						  Vehicle Code; and Section
						  103900,
						  Health and Safety Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.01 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this
						Article:
(a) "Driver" means the person
					 whose driver's license or driving privilege is at issue in the
					 hearing.
(b) "Hearing Officer"
					 means the following:
(1) The hearing officer
					 or hearing board is not an advocate for the Department but is a neutral
					 decision-maker and determines whether a license or privilege should be issued,
					 renewed, denied, revoked, or suspended under the applicable statutes and
					 regulations.
(2) The hearing
					 officer may investigate, gather evidence, and subpoena witnesses as necessary
					 to make an accurate determination and obtain complete information regarding the
					 case.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.02 - Public Observation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 hearings shall be open to public observation pursuant to Government Code
					 section 11425.20.
(b) The hearing
					 officer may:
(1) Exclude persons whose conduct
					 impedes the orderly conduct of the hearing;
(2) Restrict attendance because of any of the
					 following:
(A) the physical limitations of the
					 hearing facility; or
(B) to ensure
					 a fair hearing in the circumstances of the particular case; or
(C) the technical limitations of hearings
					 held virtually by telephone, videoconference, or other electronic
					 means;
(3) Take other
					 action to promote due process and the orderly conduct of the hearing;
					 or
(4) Exclude persons or take
					 actions necessary to protect the privacy or personal information of parties,
					 witnesses, or other persons necessary to the hearing.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.03 - Interpreters and Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition
					 to the notice required by Government Code section 11435.60, the department
					 shall notify each party of the right to an interpreter at the time they are
					 notified of their right to a hearing.
(b) In any hearing where a party, a party's
					 representative, or a party's expected witness requires an interpreter for any
					 language, including sign language, that party shall be responsible for
					 notifying the department as soon as the requirement is known.
(c) A request for an interpreter or other
					 accommodation pursuant to this section does not stay the action by the
					 department for which the notice is given.
(d) In lieu of a written request, a party's
					 request for an interpreter may, with the approval of the department, be made by
					 telephone or in person.
(e) Any
					 interpreter who assists with the testimony or evidence at a hearing shall first
					 declare, by oath or affirmation, that they will perform their duties truthfully
					 as follows:
"Do you swear or affirm that you will make a true
						interpretation of the questions asked and the answers given and that you will
						make a true translation of any documents which require translation, into the
						English language, to the best of your skill and judgment?"
(f)
(1) In
					 any hearing where a party, a party's representative, or a party's expected
					 witness has a disability requiring accommodation at the hearing, that party
					 shall be responsible for notifying the department as soon as the requirement is
					 known, in order to provide reasonable accommodation.
(2) In any hearing where a party, a party's
					 representative, or a party's expected witness is hearing impaired and requires
					 electronic amplification equipment, that party shall be responsible for
					 notifying the department as soon as the requirement is known.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.04 - Hearing Requests and Late Hearing Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any request
					 for hearing pursuant to Vehicle Code section
					 14100 shall
					 be made in writing, by telephone, or electronically through the department's
					 online portal.
(1) Any request for hearing
					 shall contain all of the following information:
(A) The name, birth date, driver's license
					 number, current address, email, and current telephone number of the
					 driver;
(B) The date of the arrest,
					 detention, or incident at issue in the hearing, if applicable;
(C) The name of the agency responsible for
					 arresting, detaining, citing, contacting, and/or providing notice of an order
					 of suspension to the person requesting the hearing, if applicable;
(D) The name, address, e-mail, and telephone
					 number of the subject driver's attorney or representative, if applicable;
					 and
(E) An indication as to whether
					 the driver and their representative, if any, consents to electronic service
					 pursuant to Section
					 115.06 of this article.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.05 - Discovery Requests. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section
						  1651, Vehicle
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections 16070 and 16075, and Articles 1-4
						  (commencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and
						  Sections
						  11507.6
						  and
						  11507.7,
						  Government Code.
Note: Authority cited: Section
						  1651, Vehicle
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  16070 and
						  16075, and Articles 1-4
						  (commencing with Section
						  13800) of Chapter 3 of Division 6,
						  Vehicle Code; and Sections
						  11507.6
						  and
						  11507.7,
						  Government Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.06 - Electronic Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the person requesting the hearing or their
						representative consents to electronic service, all notices, discovery, and
						communications between the department and the person requesting the hearing or
						their representative may be made through email or other electronic means, as
						consented to by the person requesting electronic service.
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Sections
						  29 and
						  1801.2,
						  Vehicle Code; and Section
						  11440.20,
						  Government Code.
Note: Authority cited: Section
						  1651, Vehicle
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  13558(b),
						  14104 and
						  16075(e),
						  Vehicle Code; and Section
						  11508,
						  Government Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.07 - Notice of Representation and Withdrawal of Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 attorney or other representative who has assumed representation of a party
					 shall give written notice to the department, including the representative's
					 name, address, telephone number, e-mail, fax number (if applicable), and the
					 name of the represented party, within ten days after assuming
					 representation.
(b) Any attorney or
					 other representative may withdraw as counsel or representative of record by
					 giving written notice to the department.
(c) Withdrawal or change of attorney or other
					 representative does not alone constitute grounds for continuance of any
					 previously scheduled proceeding.
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Section
						  11440.60,
						  Government Code.
Note: Authority cited: Section
						  1651, Vehicle
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  13558,
						  16070 and
						  16075, and Article 3 (commencing
						  with Section
						  14100) of Chapter 3 of Division 6,
						  Vehicle Code; and Section
						  11440.30,
						  Government Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.08 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the provisions of Section
						11507.6 of
						the Government Code, and in order to conform to the time constraints for
						hearings under Chapters 2 and 3 of Division 6 of the Vehicle Code:
(a) Upon written request, including
					 electronic communication as outlined in section
					 115.06, by a party within 20 days
					 of a hearing being requested or 10 or more business days before the date set
					 for the commencement of the hearing, whichever is earlier, each party shall
					 provide the other party with the following:
(1) The names of witnesses to the extent
					 known to the other party, including those intended to be called to testify at
					 the hearing, and
(2) A true copy of
					 any document, writing, or thing which is in the possession or custody or under
					 the control of the party and which may be relevant and admissible in evidence.
(A) All digital photographs, video,
					 documents, or other digital-media shall be provided in a format reasonably
					 accessible to the other party.
(B)
					 The hearing officer may order a party to provide the digital photographs,
					 video, documents, or other digital-media in an alternate format.
(C) If the digital-media cannot be accessed
					 or viewed by the hearing officer it shall not be admitted.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.09 - Change of Venue for In-Person Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In-person
					 hearings will be scheduled by the department at an office of the department, or
					 another location designated by the department, except as otherwise provided by
					 the Vehicle Code.
(b) The parties,
					 by agreement, may select any other place within the state for the
					 hearing.
(c) A motion for a change
					 in the place of the hearing may be made either orally or in writing.
(d) A motion shall be made within 10 days of
					 the service of the notice of action.
Note: Authority cited: Section
						  1651, Vehicle
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  13558(b),
						  14104 and
						  16075(e),
						  Vehicle Code; and Section
						  11508,
						  Government Code.
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Sections
						  14104,
						  14104.2 and
						  14112,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.10 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Hearings
					 may be conducted in-person or virtually by telephone, videoconference or other
					 electronic means.
(1) Any hearing conducted
					 all or in part virtually by telephone, videoconference, or other electronic
					 means must be sufficiently audible that it can be clearly recorded and made
					 part of the official record of the hearing. The hearing officer will grant a
					 continuance of the hearing if at any time the audibility is such that it cannot
					 be clearly recorded.
(2) If a
					 hearing is held virtually by telephone, videoconference, or other electronic
					 means, each party shall ensure that all witnesses called by that party:
(A) Have access to appropriate equipment to
					 participate in the hearing,
(B)
					 Have all information necessary to log in, connect, or otherwise participate in
					 the hearing, including, web links, passwords, or telephone numbers,
(C) Have in their possession a copy of all
					 exhibits and discovery. Exhibits and discovery shall be provided to the witness
					 ten or more business days before the date set for the commencement of the
					 hearing.
(D) Failure to follow the
					 provisions of this section shall result in exclusion of the evidence and/or
					 witness.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.11 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
					 motions, including a motion pursuant to Sections 115.11, 115.12, or 115.13 of
					 this article and Section
					 11450.30
					 of the Government Code, for a protective order or a motion to quash relating to
					 a subpoena, may be made orally, in writing, or electronically, if the parties
					 have agreed to electronic service pursuant to Section
					 115.06 of this article.
(b) Any motion shall state in plain language
					 the relief sought and the facts and circumstances the moving party contends
					 support the motion and shall be supported by legal authority.
(c) All motions shall be made either orally
					 on the record or in writing. Motions made in writing shall be served on the
					 hearing officer either in person, by mail, or electronically in accordance with
					 Section 115.06 if the person requesting
					 the hearing has consented to electronic service.
(1) Any motion not made in accordance with
					 subsection (c) shall not be accepted for filing and the motion will not be
					 considered.
(2) A motion made
					 orally on the record may be made in person or virtually by telephone,
					 videoconference or other electronic means at the discretion of the hearing
					 officer.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.12 - Motion to Seal Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 person who receives a Subpoena Duces Tecum may file a motion to seal the
					 evidence subpoenaed.
(1) The motion shall
					 state the reason for the motion, including, the information or items that need
					 to be sealed and the harm that would result if the evidence is not
					 sealed.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.13 - Motion for a Continuance of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 motion for a continuance shall be made pursuant to Government Code section
					 11524.
(b) No motion for a
					 continuance shall be granted absent a showing of good cause.
(c) Any motion for a continuance shall
					 contain sufficient facts and information to establish good cause including the
					 following:
(1) The nature of the conflict,
					 event, or occurrence which establishes the good cause for the
					 continuance;
(2) The date the
					 conflict, event, or occurrence arose or was discovered; and
(3) The steps or actions taken by the
					 requesting party to avoid the conflict.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.14 - Hearing Officer Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
					 hearing officer shall voluntarily disqualify themself and withdraw from any
					 case in which there are clear grounds for disqualification, including
					 disqualification for bias, prejudice, or interest in the proceeding by the
					 assigned hearing officer.
(b) It is
					 not alone or in itself grounds for disqualification, without further evidence
					 of bias, prejudice, or interest, that the hearing officer:
(1) Is or is not a member of a racial,
					 ethnic, religious, sexual, or similar group and the proceeding involves the
					 rights of that group.
(2) Has
					 experience, technical competence, or specialized knowledge of, or has in any
					 capacity expressed a view on, a legal, factual, or policy issue presented in
					 the proceeding.
(3) Has, as a
					 lawyer or public official, participated in the drafting of laws or regulations
					 or in the effort to pass or defeat laws or regulations, the meaning, effect, or
					 application of which is in issue in the proceeding.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.4 - Driver Safety › Lapses of Consciousness › Section 115.15 - Request for the Disqualification of a Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 party may request the disqualification of any hearing officer by filing an
					 affidavit, stating with particularity the grounds upon which it is claimed that
					 the hearing officer is disqualified. The only grounds which will be considered
					 in support of a disqualification request are those which clearly demonstrate
					 the hearing officer's bias, prejudice, or interest in the proceeding.
(b) If notification of the hearing officer
					 assignment has been made to the party ten days prior to the commencement of the
					 scheduled hearing, the affidavit requesting the disqualification must be
					 submitted to the driver safety office where the hearing is scheduled to be
					 conducted at least four business days prior to the scheduled hearing. A written
					 determination will be made on the hearing officer disqualification request,
					 prior to the commencement of the notice hearing, by a person designated by the
					 department. The written determination will be delivered to the requesting party
					 at the noticed hearing prior to the taking of any evidence at the noticed
					 hearing and shall be noted on the record.
(c) If notification of the hearing officer
					 assignment has not been made to the party at least ten days prior to the
					 commencement of the scheduled hearing, the request for disqualification must be
					 made on the record, while the requesting party is under oath, and prior to the
					 taking of any evidence at the noticed hearing. An oral determination on the
					 request for a hearing officer disqualification shall be made on the record
					 prior to the taking of any evidence by the person designated by the
					 department.
(d) The person
					 designated by the department to make the determination in response to a request
					 for a hearing officer disqualification, shall not be the hearing officer who is
					 the subject of the disqualification request.
Note: Authority cited: Section
						  1651, Vehicle
						  Code. Reference: Sections
						  14104,
						  14104.2 and
						  14112,
						  Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.5 - Driving Under the Influence Program › Section 120.00 - Purchase and Use of Notice of Completion Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Driving Under the Influence (DUI)
				  Program provider shall use Notice of Completion Certificates, DL 101 (REV
				  1/2007), purchased from the department only for submission to the department
				  for participants who have satisfactorily completed the course of instruction
				  offered by the provider. Except as required by subdivision (g), a DUI Program
				  provider shall not issue, sell, loan, or transfer the certificates to the
				  program participant, any other DUI Program provider, person, or
				  entity.
(b) The department shall
				  charge a fee of $3.00 per Notice of Completion Certificate.
(c) A DUI Program provider may purchase
				  Notice of Completion Certificates in books of fifty (50) from the department's
				  headquarters office. Requests to purchase completion certificates shall be
				  mailed to:
DEPARTMENT OF MOTOR VEHICLES
FORMS AND ACCOUNTABLE ITEMS SECTION - MS G202
PO BOX 932382
SACRAMENTO, CALIFORNIA 94232-3820
(1) The request to purchase completion
				  certificates shall be on a Request for DUI Program Forms, DL 101R (Rev.
				  12/2010), which shall be completed in full and shall contain the printed name
				  and original signature of the program director or any employee authorized by
				  the program director to order completion certificates. The DL 101R, is herein
				  incorporated by reference.
(A) A DUI Program
				  Director may authorize only one employee per licensed location to purchase or
				  order DUI certificates and only two employees per licensed location to sign
				  completed certificates by submitting a DUI Program Signatory Authority, DL 101S
				  (Rev. 12/2010), which shall be completed in full and include the printed name
				  and title of the employee, the effective date of the authorization, the
				  employee's signature, and the DUI Program Director's printed name and
				  signature. The DL 101S is herein incorporated by reference.
(B) A DUI Program Director may delete the
				  authorization of an employee to purchase or order DUI certificates or to sign
				  completed certificates by submitting, a DL 101S, which shall be completed in
				  full and include the name of the deleted employee, the effective date of the
				  deletion, and the printed name and signature of the DUI Program
				  Director.
(C) The DL 101S must be
				  submitted at least five (5) days prior to the effective date of the employee
				  authorization or deletion.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.5 - Driving Under the Influence Program › Section 120.01 - Acquisition and Use of Proof of Enrollment Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Driving Under the Influence (DUI)
				  Program provider shall use a Proof of Enrollment Certificate, DL 107 (Rev.
				  7/2006), obtained from the department only for submission to the department,
				  for participants who are enrolled in a course of instruction offered by the DUI
				  Program provider. Except as required by subdivision (d), a Program provider
				  shall not issue, sell, loan, or transfer the enrollment certificates to any
				  other DUI Program provider, program participant, person, or entity. The Proof
				  of Enrollment Certificate, DL 107 (Rev. 7/2006), is herein incorporated by
				  reference.
(b) A DUI Program
				  provider may obtain enrollment certificates in packages of fifty (50) from the
				  department's headquarters office. Requests for enrollment certificates shall be
				  mailed to:
DEPARTMENT OF MOTOR VEHICLES
FORMS AND ACCOUNTABLE ITEMS SECTION, M/S G202
P. O. BOX 932382
SACRAMENTO, CA 94232-3820.
(1) The request to obtain enrollment
				  certificates shall be made on a Request for DUI Program Forms, DL 101R (Rev.
				  12/2010), which shall be completed in full and shall include the name, license
				  number, and address of the DUI Program, the printed name and original signature
				  of the program director or any employee authorized by the DUI Program Director,
				  and the quantity of enrollment certificates requested.
(2) The department shall mail the enrollment
				  certificates only to the address of record for the DUI Program
				  provider.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.5 - Driving Under the Influence Program › Section 120.02 - Lost or Stolen Notice of Completion Certificates or Proof of Enrollment Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Driving Under the Influence (DUI) Program director
					 shall report in writing to the department's Forms and Accountable Items Section
					 any lost or stolen Notice of Completion Certificates, DL 101 (Rev 1/2007), or
					 Proof of Enrollment Certificates, DL 107 (Rev 7/2006), not later than close of
					 the business day following discovery of the loss or theft. The DUI Program
					 Director shall report any lost or stolen completion or enrollment certificates
					 to local police authorities and shall, in addition to retaining a copy in the
					 DUI Program provider's business records, forward to the department's Forms and
					 Accountable Items Section a copy of the police report within thirty (30) days
					 of the discovery of the loss or theft.
1. New
					 section filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2.
					 Amendment of section heading, section and NOTE filed 12-2-2004; operative
					 1-1-2005 (Register 2004, No. 49).
3. Amendment of section and NOTE
					 filed 4-28-2008; operative 5-28-2008 (Register 2008, No.
					 18).
Note: Authority cited: Sections
						1651 and
						13353.45,
						Vehicle Code. Reference: Sections
						13352,
						13352.1,
						13352.5,
						13353.7 and
						13353.45,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.5 - Driving Under the Influence Program › Section 120.03 - Notice of Non-Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Driving Under the Influence (DUI) Program provider shall
					 submit to the department a Notice of Non-Compliance, form DL 101A (Rev.
					 10/1999), which is hereby incorporated by reference, for participants who have
					 failed to comply with the program requirements as specified in Section
					 9886 of Title 9, California Code of
					 Regulations.
1. New
					 section filed 5-21-2019; operative 5-21-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 21).
Note: Authority cited: Section
						1651, Vehicle
						Code. Reference: Sections
						1801,
						1801.1,
						13352,
						13352.1,
						13352.4,
						13352.5,
						13353.6,
						13353.7 and
						13353.75,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.5 - Driving Under the Influence Program › Section 120.04 - Certificates Required for First Conviction of Driving Under the Influence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-26-95; operative 11-25-95 (Register 95, No. 43).
2.
					 Amendment of section and NOTE filed 12-2-2004; operative 1-1-2005 (Register
					 2004, No. 49).
3. Repealer filed 4-28-2008; operative 5-28-2008
					 (Register 2008, No. 18).
Note: Authority cited: Sections
						1651 and
						13353.45,
						Vehicle Code. Reference: Section
						13352.4,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 2.5 - Driving Under the Influence Program › Section 124.90 - Alcohol Programs Pursuant to Section 23190(e) of the Vehicle Code. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-18-94; operative 11-17-94 (Register 94, No. 42).
2.
					 Repealer filed 6-16-97; operative 7-16-97 (Register 97, No.
					 25).
Note: Authority cited: Section
						1651, Vehicle
						Code. Reference: Section
						23190,
						Vehicle Code.