Section 272.02 - Location of Business Records(a) A dealer shall maintain all original paper business records at its principal place of business or branch location for at least 90 days after the purchase, sale, rental, or lease of a vehicle.(1) After the initial 90-day record retention period required pursuant to subdivision (a), a dealer may maintain the original paper business records at an offsite storage location within California, provided that the original paper business records are retrievable and available for inspection by the department upon three business days' notice and the original paper business records are stored in a manner that meets any applicable safeguard requirements pursuant to 15 U.S.C. section 6801(b).(2) A dealer may create an electronic copy of an original paper business record at any time. After the initial 90-day record retention period required pursuant to subdivision (a), an electronic copy of an original paper business record shall satisfy the record retention requirements of Section 272.00(b), Title 13, California Code of Regulations, for the remainder of the three-year record retention period, provided the electronic record requirements in subdivision (b)(1) through (b)(5) of this Section are satisfied. (A) A dealer that makes an electronic copy of an original paper business record that meets the requirements of subdivision (b)(1) through (b)(5) of this Section may dispose of the original paper business record, provided that the original paper business record is disposed of in a manner that meets the requirements of Civil Code section 1798.81.(b) A dealer may create an original electronic business record provided all of the following requirements are satisfied:(1) The electronic record is created in a non-alterable format;(2) The electronic record is retained in a format that permits the electronic record to be readily accessible and retrievable;(3) The electronic record is legible, complete and accurate;(4) The electronic record is retained in a manner that permits the electronic record to be retrieved and made available to the department for inspection upon three business days' notice;(5) Any access device, server, network device, or any internal or external storage medium used for storing the electronic record has access controls and physical security measures to protect the records from unauthorized access, viewing or alteration.(c) Use of a third party to physically or electronically store business records shall not reduce a dealer's responsibility to produce a business record when required.(d) If a dealer has a branch location, original paper business records relating to transactions that take place at that branch location may be maintained either at the branch location or at the principal place of business.Cal. Code Regs. Tit. 13, § 272.02
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 1801.1, 4456, 5753, 11709, 11712 and 11714, Vehicle Code.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 1801.1, 4456, 5753, 11709, 11712 and 11714, Vehicle Code.
1. Change without regulatory effect renumbering former section 410.01 to section 272.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer and new section and amendment of Note filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7).
3. Amendment filed 8-25-2020; operative 10/1/2020 (Register 2020, No. 35).
4. Amendment filed 2-5-2024; operative 4/1/2024 (Register 2024, No. 6).