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 3.55 - Private Carriers of Passengers › Section 223.08 - Financial Responsibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Acceptable proof of financial
				  responsibility, pursuant to Vehicle Code section
				  34687, shall
				  be submitted to the department in the form of a Certificate of Insurance, form
				  DMV REG 1323 (NEW 7/2018), pursuant to Vehicle Code section
				  34687(a);
				  or a Private Carrier of Passengers Liability Bond form DMV REG 1327 (NEW
				  7/2018), pursuant to Vehicle Code Section
				  34687(a)
				  pursuant to Vehicle Code Section
				  34687(a),
				  which are hereby incorporated by reference.
(1) The form DMV REG 1323 shall be submitted
				  to the department by the private carrier of passengers insurance
				  provider.
(2) Proof of financial
				  responsibility pursuant to Division 7, Vehicle Code section
				  16000 et
				  seq., shall not be substituted for the proof required for a Private Carrier of
				  Passengers Certificate.
(3) The
				  name of the private carrier of passengers on the Certificate of Insurance,
				  surety bond shall match the name of the private carrier of passengers entered
				  on the form DMV REG 1300.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.55 - Private Carriers of Passengers › Section 223.10 - Reinstatement Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
There shall be one reinstatement fee, pursuant to Vehicle
					 Code section
					 34691
					 subsection (b), due after a single, overlapping or concurrent suspension
					 period. Payment may be made upon receipt of the notice of suspension. Checks or
					 money orders shall be made payable to the Department of Motor Vehicles and
					 mailed to the following address: Department of Motor Vehicles, Private Carrier
					 of Passengers Program, Mail Station H875, P.O. Box 932370, Sacramento, CA
					 94232-3700.
1. New
					 section filed 7-23-2018; operative 7-23-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 30).
Note: Authority cited: Section
						1651, Vehicle
						Code. Reference: Section
						34691,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.55 - Private Carriers of Passengers › Section 223.12 - Voluntary Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A private carrier of passengers, who wishes to cease operations as a private
				  carrier of passengers, prior to canceling or terminating their liability
				  insurance, shall submit a written request on a Request for Voluntary Withdrawal
				  Private Carrier of Passengers Certificate, form DMV REG 1308 (NEW 7/2018),
				  which is hereby incorporated by reference.
(b) A refund of the fees for the next
				  certificate term shall only be issued when the vehicle(s) will not be operated
				  in California during the next certificate term, and the term of the certificate
				  has not yet begun.
1. New
					 section filed 7-23-2018; operative 7-23-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 30).
Note: Authority cited: Section
						1651, Vehicle
						Code. Reference: Section
						34687,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.55 - Private Carriers of Passengers › Section 223.14 - Private Carrier of Passengers Certificate Suspension Hearing Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To request a hearing under Vehicle Code section
					 34691(d),
					 a suspended private carrier of passengers certificate holder shall submit the
					 following in writing to the Department of Motor Vehicles, Legal Affairs
					 Division, 2415 First Avenue, MS C-128, Sacramento, CA 95818, or by facsimile to
					 (916) 657-6243:
(a) The private
				  carriers of passengers name, address and phone number;
(b) The private carriers of passengers
				  certificate number that is the subject of an order of suspension;
(c) A statement indicating petitioner
				  requests a hearing to protest the order of suspension; and
(d) If the private carriers of passengers is
				  represented by an attorney at the hearing, the name, address and telephone
				  number of the attorney.
1. New
					 section filed 7-23-2018; operative 7-23-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 30).
Note: Authority cited: Sections
						1651,
						34681 and
						34691,
						Vehicle Code. Reference: Section
						34687,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.55 - Private Carriers of Passengers › Section 223.16 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapters 4.5 and 5 of Part 1, Title 2 of Division 3 of the
					 Government Code apply to the conduct of a private carrier of passengers
					 certificate suspension hearing except for the following:
(a) A hearing shall be set no later than 21
				  days after the department receives a complete request for hearing;
(b) Neither the department nor the
				  administrative law judge may grant a stay of the suspension order before the
				  hearing is concluded unless directed to do so by the superior court;
(c) The administrative law judge shall
				  prepare the proposed decision in Government Code section
				  11517(c)(1)
				  within 10 days after the case is submitted to the judge;
(d) The department shall act pursuant to
				  Government Code section
				  11517(c)(2)
				  within 10 days of receipt of the administrative law judge's decision. If the
				  department fails to act within 10 days, the proposed decision of the
				  administrative law judge is the final decision of the department; and
(e) Notwithstanding Government Code section
				  11506(a),
				  a private carrier of passengers may request a hearing within 90 days of the
				  commencement of the suspension period.
1. New
					 section filed 7-23-2018; operative 7-23-2018 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 30).
Note: Authority cited: Sections
						1651,
						34681 and
						34691,
						Vehicle Code. Reference: Section
						34687,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.00 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall apply to this
					 article.
(a) "BPA" means the Business
				  Partner Automation Program.
(b)
				  "BPA contract" means an agreement between the State and a qualified private
				  industry first-line business partner or first-line service provide as
				  authorized under Vehicle Code section
				  1685.
(c) "BPA permit" or "permit" means the
				  document the department issues to an approved business partner applicant
				  bearing the applicant's name, date of issuance, expiration date, the signature
				  of the authorized department representative, the word "permit", and any other
				  relevant information.
(d)
				  "Accountable inventory" means inventory identified by a unique serial number
				  that is assigned by the department. These items are the department issued
				  license plates, year stickers, vessel stickers, and salvage and nonrepairable
				  vehicle certificates. These items are at all times the property of the
				  department.
(e) "Business partner"
				  means a qualified private industry partner as set forth in Vehicle Code section
				  1685.
(1) A business partner that acts as a
				  registration service is subject to Chapter 2.5, Division 5 of the Vehicle Code
				  unless otherwise exempt.
(2) A
				  business partner that acts as a vessel agent is subject to Chapter 2, Division
				  3.5 of the Vehicle Code unless otherwise exempt.
(3) A business partner that acts as a dealer
				  is subject to Chapter 4, Division 5 of the Vehicle Code unless otherwise
				  exempt.
(4) A business partner that
				  acts as an automobile dismantler is subject to Chapter 3, Division 5 of the
				  Vehicle Code unless otherwise exempt.
(5) A business partner that acts as a salvage
				  pool is subject to Chapter 3, Division 5 of the Vehicle Code unless otherwise
				  exempt.
(6) A business partner that
				  acts as a rental/leasing company.
(7) A second-line business partner must
				  retain the services of a first-line service provider with an existing, valid
				  BPA contract.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.03 - Application Requirements for all Business Partners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A business partner applicant shall complete all
					 requirements and submit to the BPA Program Administrator the following:
(a) A business partner applicant shall
				  complete, sign and submit an application form for the appropriate type of
				  business.
(1) The application form for a
				  first-line business partner is a Business Partner Automation Application
				  First-Line Business Partner form, REG 4024 (REV. 11/2011).
(2) The application form for a first-line
				  service provider is a Business Partner Automation Application First-Line
				  Service Provider form, REG 4023 (REV. 11/2011).
(3) The application form for a second-line
				  business partner is a Business Partner Automation Application Second-Line
				  Business Partner form, REG 4025 (REV. 11/2011).
(4) The application forms identified in
				  Section 225.03(a)(1) through
				  (3) of these regulations are hereby
				  incorporated by reference.
(5) Each
				  business partner owner shall be identified on the application form submitted
				  pursuant to Section
				  225.03(a)(1) through
				  (3) of these regulations.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.06 - Fingerprints. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section with amendment of subsection (a) refiled
					 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A
					 Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 3-3-2003 as an emergency; operative
					 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be
					 transmitted to OAL by 7-1-2003 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register
					 2003, No. 33).
5. Amendment of subsections (a)(1)(B) and (b)(1)(F)
					 filed 5-22-2009; operative 6-21-2009 (Register 2009, No. 21).
6.
					 Repealer filed 6-29-2012; operative 7-1-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 26).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.09 - Financial Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every applicant for issuance or renewal
				  of a first-line business partner or first-line service provider permit shall
				  submit the bond required by Vehicle Code section
				  1685(b)(2)(C)
				  to the department on a Business Partner Automation Surety Bond (Vehicle Code
				  Section
				  1685) form,
				  REG 866 (Rev. 11/2008), which is hereby incorporated by reference. The
				  conditions of the bond shall be incorporated in the REG 866 form.
(1) A deposit as provided in Code of Civil
				  Procedure section
				  995.710
				  shall be acceptable in lieu of the surety bond.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.12 - First-Line Business Partner or First-Line Service Provider Business Partner Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  first-line business partner or first-line service provider applicant shall sign
				  the BPA contract prepared on a State of California, Standard Agreement form,
				  STD213, and executed in accordance with the Department of General Services
				  requirements and the State Contracting Manual.
(b) A BPA contract shall be in effect for 36
				  months. A renewal application and new BPA contract shall be required for each
				  subsequent permit issued to each first-line business partner or first-line
				  service provider. The renewal application process may be started 120 days
				  before the BPA contract and permit expire.
(c) Should any provision of the BPA contract,
				  statute or regulations be deemed illegal or unenforceable, all remaining
				  provisions of the BPA contract, statutes, and regulations shall remain in
				  effect.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section with amendment of subsections (b) and (c)
					 refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45).
					 A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 3-3-2003 as an emergency; operative
					 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be
					 transmitted to OAL by 7-1-2003 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register
					 2003, No. 33).
5. Amendment of subsection (b) filed 2-22-2006;
					 operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of section
					 heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government
					 Code section
					 11343.4
					 (Register 2012, No. 26).
7. Amendment of subsection (a) filed
					 11-13-2017; operative 1-1-2018 (Register 2017, No.
					 46).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Sections
						1653 and
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.15 - BPA Permit Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  No person shall act as a first-line business partner or first-line service
				  provider that is not a party to a currently valid BPA contract and
				  permit.
(b) Upon the execution of
				  the first-line business partner or first-line service provider BPA contract,
				  the department will issue a BPA permit for each site location that the
				  department has determined meets the permit qualifications of Section
				  225.03, and has not been
				  disqualified pursuant to Section
				  225.18 or Section
				  225.73. The BPA permit shall
				  identify the business as an authorized business partner.
(c) A BPA permit may be issued to each
				  first-line business partner, first-line service provider and second-line
				  business partner for each site location that the department has determined
				  meets the permit qualifications. If otherwise eligible, upon the execution of
				  the BPA contract, the department may issue a BPA permit. The BPA permit shall
				  identify the business as an authorized business partner.
(d) A permit for the principal place of
				  business is valid for 36 months. A permit shall be displayed during the period
				  of validity within view of the business partner's customers. A permit for a
				  site location expires when the principal place of business permit
				  expires.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section with amendment of subsection (c) refiled
					 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A
					 Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 3-3-2003 as an emergency; operative
					 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be
					 transmitted to OAL by 7-1-2003 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register
					 2003, No. 33).
5. Amendment of section heading and section filed
					 6-29-2012; operative 7-1-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 26).
6. Amendment of subsection (d) and NOTE
					 filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).
7.
					 Amendment filed 12-15-2020; operative 4-1-2021 (Register 2020, No.
					 51).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Sections
						1652,
						1653 and
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.21 - Review of Criminal History Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In reaching a decision on approval or
				  disapproval of a business partner owner or employee to participate in the BPA,
				  the BPA Program Administrator or a designee may review and consider the
				  criminal history information provided by the California Attorney General
				  pursuant to Penal Code section
				  11105(b)(10).
				  This information may be used as part of the department's process in reaching a
				  decision as it relates to Sections
				  225.00 et seq. of these
				  regulations. The BPA Administrator or designee will consider the "Occupational
				  Licensing and Disciplinary Guidelines" (Rev. 4/2010) incorporated by reference
				  in Section
				  440.04, Article 6.1, Chapter 1,
				  Division 1, Title 13, of the California Code of Regulations in reaching a
				  decision.
(1) Deviation from the Guidelines is
				  appropriate when the Director or designee, in his or her sole discretion,
				  determines that the facts warrant such a deviation, for example, the presence
				  of mitigating factors, how long ago the conduct, action, or offense occurred,
				  evidentiary problems and customer complaints.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.24 - Failure to Meet Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The failure of an applicant or a business partner to comply
					 with the information security requirements identified in Section
					 225.51 shall be good cause for the
					 department to cancel, suspend, revoke, or refuse to enter into a BPA contract
					 and/or BPA permit with such business partner applicant.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 11-4-2002 as an emergency; operative
					 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be
					 transmitted to OAL by 3-4-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-3-2003 order transmitted
					 to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5.
					 Amendment filed 6-29-2012; operative 7-1-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 26).
6. Amendment filed 12-15-2020; operative
					 4-1-2021 (Register 2020, No. 51).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.27 - Transaction Access

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  processing of vehicle registration and titling transactions and issuing of
				  vehicle registration indicia and documents by a business partner requires
				  access to the department's data communication system and the vehicle
				  registration and BPA inventory databases through a network approved by the
				  department.
(b) A business
				  partner's interface access shall be compatible with the department's interface.
				  Equipment and software to access and interface with the department's databases
				  shall be the responsibility of the business partner.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 11-4-2002 as an emergency; operative
					 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be
					 transmitted to OAL by 3-4-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-3-2003 order transmitted
					 to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No.
					 33).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Sections
						1653 and
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.30 - Electronic Fund Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  business partner shall execute and comply with all terms and conditions of the
				  Electronic Fund Transfer Authorization Agreement for Preauthorized Payments,
				  REG 4051 (REV. 12/2011) (EFT contract) that provides for payment to the
				  department of the fees collected by the business partner and due to the
				  department.
(1) The first-line business
				  partner shall authorize the department to initiate debit entries into the
				  account identified in the EFT contract for payment of all fees collected for
				  and due to the department.
(2) The
				  first-line service provider shall authorize the department to initiate debit
				  entries into the account identified in the EFT contract for payment of all fees
				  collected by its second-line business partners for payment of all fees
				  collected for and due to the department.
(3) When the department is notified by the
				  financial institution of insufficient funds or closed account status, the
				  department shall suspend interface access until payment of all fees and
				  charges. Applicable bank service charges, in addition to a thirty dollar ($30)
				  (returned item) charge, shall be paid to the department.
(4) When the business partner is notified by
				  the department of its insufficient funds or closed account status, the business
				  partner shall make a same-day reimbursement by wire transfer. The reimbursement
				  shall include the exact amount of the electronic billing, the thirty dollar
				  ($30) (returned item) charge, wire transfer processing fee charged to the
				  department by the depository, and any applicable bank service
				  charges.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.33 - Use and Retention of Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A business partner shall not use any
				  information received from a customer or the department for any purpose other
				  than the purposes authorized by this article.
(b) All information shall be treated as
				  confidential or restricted information and shall retain the protections
				  provided by Vehicle Code sections
				  1808.21,
				  1808.45,
				  1808.46 and
				  1808.47.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section refiled 11-4-2002 as an emergency; operative
					 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be
					 transmitted to OAL by 3-4-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. New section refiled
					 3-3-2003 as an emergency; operative 3-3-2003 (Register 2003, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-3-2003 order transmitted
					 to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No.
					 33).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1798.26, Civil
						Code; and Sections
						1685,
						1808.21,
						1808.45,
						1808.46,
						1808.47,
						1810,
						1810.7 and
						1811, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.35 - Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A business
				  partner renewal applicant shall complete and submit the following to the BPA
				  Program Administrator prior to the expiration of the contract and/or permit
				  term:
(1) A completed and signed Business
				  Partner Automation Renewal Application form, REG 5056 (REV. 11/2011), which is
				  hereby incorporated by reference.
(2) A completed and signed Information
				  Security and Disclosure Statement Firm form, EXEC 201X (REV. 3/2003).
(3) A copy of the business partner's valid
				  Occupational License if applicable.
(4) A non-refundable renewal application fee
				  of $144 for a principal place of business and $134 for each site. Checks shall
				  be made payable to the Department of Motor Vehicles.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.36 - Change of First-Line Service Provider

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a second-line business partner
				  requests to change its first-line service provider, the second-line business
				  partner shall complete and submit to the BPA Program Administrator a request
				  for a change on the Business Partner Automation Program Service Provider Change
				  Form, REG 4022 (Rev. 4/2010), which is hereby incorporated by
				  reference.
(b) The request shall be
				  completed, signed and submitted to the BPA Program Administrator no less than
				  20 days prior to any change of first-line service provider.
(c) The second-line business partner shall
				  remain with their current service provider for a minimum of 30 days prior to
				  requesting a service provider change.
(d) The department will process the requested
				  change if the proposed first-line service provider is currently authorized by
				  the department to act as a first-line service provider and the requirements of
				  Section 225.36(a) of
				  these regulations are met.
(e) A
				  second-line business partner and its first-line service provider shall comply
				  with the following procedures when changing first-line service providers.
(1) The second-line business partner shall
				  collect all unassigned accountable and controlled inventory and return the
				  inventory to the first-line service provider within seven days of changing
				  first-line service providers.
(A) The
				  first-line service provider that ordered or shipped the inventory at the time
				  of ordering shall be the first-line service provider that receives the
				  inventory from the second-line business partner.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.38 - First-Line Business Partner and First-Line Service Provider Obligations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A first-line
				  business partner or first-line service provider shall hold the State of
				  California and any political subdivision thereof or any of its officers,
				  agents, or employees harmless for monetary losses caused by the first-line
				  business partner's or first-line service provider's and/or that provider's
				  second-line business partner's misuse of the information obtained from the
				  department or obtained from customers for transactions processed by the
				  first-line business partner or first-line service provider and secured under
				  the bond required by Section
				  225.09.
(b) A first-line business partner or
				  first-line service provider shall pay to the department monies collected by the
				  first-line business partner or first-line service provider and due to the
				  department, including any transaction fee imposed in regulation or statute by
				  the State under Vehicle Code section
				  1685.
(c) A first-line business partner or
				  first-line service provider shall reimburse the State of California, or any
				  political subdivision thereof, for any loss or damage that the State of
				  California, or any political subdivision thereof, may suffer by reason of any
				  act of the first-line business partner or first-line service provider, its
				  agents or employees or that provider's second-line business partners arising
				  out of or related to the first-line business partner's or first-line service
				  provider's duties, functions or obligations as a first-line business partneror
				  first-line service provider, in any amount up to the maximum amount secured
				  under the bond required by Section
				  225.09, when any of the following
				  conditions occur:
(1) Information obtained
				  from the department or customers by false or misleading representations while
				  performing the duties, functions and obligations of a first-line business
				  partner or first-line service provider and/or that provider's second-line
				  business partner.
(2) Information
				  obtained from the department and customers and used for any purpose other than
				  specified in the regulations or first-line business partner or first-line
				  service provider BPA contract.
(3)
				  Any other act resulting in monetary losses being suffered by the State of
				  California, any political subdivision of the State of California, or any of its
				  officers, agents or employees arising out of or related to the duties,
				  functions and obligations of a first-line business partner or first-line
				  service provider and/or a provider's second-line business
				  partner.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.39 - Business Partner Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A first-line service provider shall be
				  responsible for the following:
(1) Provide
				  oversight to ensure second-line business partners comply with the terms and
				  conditions of their BPA contracts.
(2) Ensure prospective second-line business
				  partners submit all application requirements pursuant to Section
				  225.03 of these
				  regulations.
(3) Order and
				  distribute inventory for their second-line business partners.
(4) Establish and use an automated inventory
				  tracking and assignment system to track accountable and controlled inventory
				  shipped to the first-line service provider and their second-line business
				  partner. The automated inventory tracking and assignment system shall be
				  capable of recording the date received, status, and location of all accountable
				  inventory.
(5) Ensure each
				  second-line business partner has no more than a three (3) month supply of
				  inventory.
(6) Submit comprehensive
				  quarterly physical inventory reports for their second-line business partners on
				  a "Physical Inventory Non-DMV Entities" form, ADM 175A (Rev. 2/2000).
(7) Establish, implement and maintain
				  security awareness and education programs and measures to ensure that all of
				  their second-line business partners are aware of the first-line service
				  provider's procedures for protecting the confidentiality of records.
(8) Ensure all of their second-line business
				  partners implement and maintain the physical security required in this article
				  and by the BPA contract to prevent and discourage inadvertent or deliberate
				  alteration, disclosure, destruction, loss, misuse, or theft of DMV records,
				  proprietary assets, and accountable and controlled items in their
				  possession.
(9) Control access to
				  the department's vehicle registration and titling and inventory databases by
				  use of an authentication credentialing system that shall identify, authenticate
				  and authorize access for each individual user.
(10) Train second-line business partners to
				  accurately process registration and titling transactions.
(11) Audit and reconcile transactions
				  processed by their second-line business partners.
(12) Submit all transactions to the
				  department within twenty (20) days of the date the transaction was
				  processed.
(13) Ensure that all of
				  their second-line business partners comply with the advertising requirements
				  identified in any agreement with the department.
(14) Submit all fees collected for and due to
				  the department.
(15) Ensure their
				  second-line business partners only process the types of vehicle transactions
				  authorized for each second-line business partner.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.45 - Customer Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  business partner shall complete a Business Partner Automation Disclaimer form,
				  REG 4020 (Rev. 7/2010), which is hereby incorporated by reference, for each DMV
				  transaction when a customer fee is charged.
EXCEPTIONS: (1) A business partner completing a conditional
					 sales contract or lease agreement pursuant to Civil Code section
					 2982,
					 2982.5 or
					 2985.8 may
					 disclose the amount of any optional Business Partnership Automation program fee
					 to process transactions identified in Section
					 225.45(b)(1) through
					 (3) of these regulations using the sales
					 contract or lease agreement in place of the Business Partner Automation
					 Disclaimer form. (2) A business partner acting as a salvage pool, as specified
					 in Vehicle Code section
					 543, shall be
					 exempt from completing the form. (3) A business partner acting as a licensed
					 registration service, as specified in Vehicle Code section
					 505.2, may
					 disclose the amount of any optional Business Partnership Automation program fee
					 to process transactions using the methods required under Section
					 330.30, of Title 13 in the
					 California Code of Regulations in place of the Business Partner Automation
					 Disclaimer form.
(1) The business
				  partner shall obtain the customer's signature on the form after the business
				  partner enters on the form the fee amount that the business partner is charging
				  to process the transaction.
(2) The
				  business partner shall provide the completed original of the Business Partner
				  Automation Disclaimer form to the customer, shall keep a completed copy, and
				  shall send a copy to the department with the transaction documents. Voided
				  copies of the form shall be retained with the completed copies kept by the
				  business partner pursuant to Section
				  225.60 of these
				  regulations.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.48 - Transaction Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  first-line business partner and a first-line service provider shall pay a
				  transaction fee to the department, pursuant to subdivision (d) of Vehicle Code
				  section
				  1685, in the
				  amount provided and on the date specified in Article 6.0, Section
				  423.00, of Title 13, in the
				  California Code of Regulations for each transaction processed through to
				  completion. The transaction fee may be charged to the customer in addition to
				  the customer fees authorized in Section
				  225.45 of these regulations.
EXCEPTION: Payment of a transaction fee for vehicle license
					 fee refund transactions shall not be required.
(b) The transaction fee shall be paid to the
				  department by the due date designated on the billing notice. The payment of the
				  fee based on the billing notice shall be sent by trackable US mail or private
				  carrier to: Department of Motor Vehicles, BPA Program Administrator, 2415 1st
				  Avenue, MS-C383, Sacramento, CA 95818.
(c) Upon notification of insufficient funds
				  or closed account status for the payment of transaction fees or failure to pay
				  by the due date designated on the billing notice, the department shall suspend
				  interface access until payment for all fees and charges is received.
1. New
					 section filed 12-23-2003; operative 1-1-2004 pursuant to Government Code
					 section
					 11343.4
					 (Register 2003, No. 52).
2. Amendment of subsections (a) and (b)
					 filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
3.
					 Amendment of subsections (a) and (b) filed 5-22-2009; operative 6-21-2009
					 (Register 2009, No. 21).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.51 - Information Security Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A business partner, its owners and
				  employees shall comply with the department's
IT Security Guidelines for
				  Use in BPA Program
(January 2004), which is hereby incorporated by
				  reference, when processing transactions through the American Association of
				  Motor Vehicle Administrators AAMVAnet conduit. A business partner, its owners
				  and employees shall comply with the department's
California DMV
				  Security Requirements for the Internet--Business Partners
(Revised
				  November 2004), which is hereby incorporated by reference, when processing
				  transactions through the Internet.
(b) A business partner, its owners and
				  employees shall comply with the Information Practices Act of 1977 (Section
				  1798 et seq. of the Civil Code),
				  the Public Records Act (Section
				  6250 of
				  the Government Code), Sections
				  1808.21 and
				  1808.47 of
				  the Vehicle Code, Sections
				  11015.5
				  and
				  11019.9 of
				  the Government Code, and any and all related statutes pertaining to information
				  security.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section with amendment of subsection (a) refiled
					 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A
					 Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
3. New section refiled 3-3-2003 as an emergency, including
					 amendment of subsection (a); operative 3-3-2003 (Register 2003, No. 10). A
					 Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-3-2003 order transmitted
					 to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5.
					 Amendment of subsection (a) filed 7-15-2004; operative 8-14-2004 (Register
					 2004, No. 29).
6. Amendment of subsection (a) filed 2-22-2006;
					 operative 3-24-2006 (Register 2006, No. 8).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1798.19, Civil
						Code, Sections
						6250,
						11015.5,
						11019.9,
						Government Code; and Sections
						1685,
						1808.21 and
						1808.47,
						Vehicle Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.54 - Transaction Procedures and Inventory Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A business partner shall process transactions and control
					 inventory according to the
BPA Transaction Procedures and Inventory
					 Requirements Handbook
(Revised November 2011), which is hereby
					 incorporated by reference.
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section with repealer and new section refiled 11-4-2002
					 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of
					 Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be
					 repealed by operation of law on the following day.
3. New section
					 refiled 3-3-2003 as an emergency, including amendments; operative 3-3-2003
					 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL
					 by 7-1-2003 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 3-3-2003 order,
					 including further amendment of section, transmitted to OAL 6-27-2003 and filed
					 8-11-2003 (Register 2003, No. 33).
5. Amendment filed 7-15-2004;
					 operative 8-14-2004 (Register 2004, No. 29).
6. Amendment filed
					 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
7. Amendment
					 filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
8.
					 Amendment filed 5-22-2009; operative 6-21-2009 (Register 2009, No.
					 21).
9. Amendment filed 6-29-2012; operative 7-1-2012 pursuant to
					 Government Code section
					 11343.4
					 (Register 2012, No. 26).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1685, Vehicle
						Code.
California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.57 - Inventory

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No.
					 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or
					 emergency language will be repealed by operation of law on the following
					 day.
2. New section with amendment of section heading and repealer
					 and reservation of section number refiled 11-4-2002 as an emergency; operative
					 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be
					 transmitted to OAL by 3-4-2003 or emergency language will be repealed by
					 operation of law on the following day.
3. Repealer and reservation
					 of section number refiled 3-3-2003 as an emergency; operative 3-3-2003
					 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL
					 by 7-1-2003 or emergency language will be repealed by operation of law on the
					 following day.
4. Certificate of Compliance as to 3-3-2003 order
					 transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No.
					 33).
Note: Authority cited: Sections
						1651 and
						1685, Vehicle
						Code. Reference: Section
						1685, Vehicle
						Code.