Section 345.40 - Classroom Course SchedulesApproval for conducting traffic violator education classroom courses shall be contingent upon the school meeting and maintaining specific scheduling requirements:
(a) A minimum of 15 days prior to any class being conducted by any new school or at any new classroom location being used by any school, a school shall either: (1) Post a schedule of all classes on the school web site; or(2) Complete and retain an Official Classroom Location Schedule, form OL 854 (Rev. 9/2011), which is hereby incorporated by reference, as part of the school records. The traffic violator school shall fax any Official Classroom Location Schedule to the department or its agent within 24 hours of a request for the schedule.(b) A schedule of all classes shall be filed in the traffic violator school records or posted on the website a minimum of 15 days prior to the beginning of each calendar month after a school begins operation. (1) A school shall declare its reporting method for a class schedule when beginning or changing the manner of reporting a class schedule on a Notification of Class Schedules, form OL 854E (Rev. 9/2011), which is hereby incorporated by reference, fifteen (15) business days prior to beginning instruction or changing the reporting method.(c) If the school fails to post or retain schedules, the school's name shall be removed from the department's Occupational Licensing Lookup (OLL) for six months. If the school fails to post or retain schedules a second time within any 12 month period, the school's name shall be removed from the OLL for 12 months and until the department approves a new classroom application.(d) A school shall schedule and offer to conduct classes in each approved classroom location, listed on the OLL, at least once every quarter. (1) For the purposes of this section "schedule and offer to conduct" means that a school shall schedule a class pursuant to the scheduling requirements of this section, shall offer to enroll prospective students in the class, and does not cancel the class except in accordance with the provisions of subdivision (b) or (c) of Section 345.41. If a school cancels a class pursuant to subdivision (a) of Section 345.41, the school did not "offer to conduct" for the purposes of this section.(2) If the department determines, upon investigation, that a school is not scheduling and offering to conduct classes in an approved classroom pursuant to subdivision (e), that classroom location shall be removed from the OLL for six months and until the department approves a new classroom application pursuant to Vehicle Code section 11205(a).(3) If a school has five city locations removed or if a single location is removed for a second time from the OLL within any 12 month period, the school's name shall be removed from the OLL for six months and until the department approves a new owner application.(e) A school shall not offer to register a student for a class, nor conduct a class, that has not been included and submitted to the department on the Official Classroom Location Schedule, form OL 854 (Rev. 9/2011), or posted on the school's website.(f) The department may waive the requirements of subdivision (a), (b), or (d) of this section for a traffic violator school if a school is unable to schedule or conduct classes due to a natural disaster such as fire, flood, earthquake, or a civil disturbance. (1) As soon as circumstances allow, the school shall notify the department that it is unable to schedule or conduct classes, and shall specify whether the entire school operation is disrupted or which specific classroom locations/judicial districts are affected.(2) The department shall determine whether to waive the requirements, and the duration of the waiver, based on the specific circumstances, and shall notify the school(s) of the decision.Cal. Code Regs. Tit. 13, § 345.40
Note: Authority cited: Sections 1651, 11202 and 11219, Vehicle Code. Reference: Sections 11205, 11213 and 11219, Vehicle Code.
Note: Authority cited: Sections 1651, 11202 and 11219, Vehicle Code. Reference: Sections 11205, 11213 and 11219, Vehicle Code.
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).
2. Renumbering of former section 345.40 to new section 345.47 filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
3. New section filed 1-5-95; operative 2-6-95 (Register 95, No. 1).
4. Amendment of subsections (a), (b), (d), (e) and (e)(2)-(3) filed 6-14-2010; operative 7-14-2010 (Register 2010, No. 25).
5. Amendment of section heading, section and Note filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16). For prior history of section 345.35, see Register 94, No. 43.
6. Change without regulatory effect amending subsections (c)-(d) and (d)(2)-(3) filed 6-3-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 23).