Section 350.52 - Refusal, Suspension or Revocation of Requester Codes(a) The department may suspend or revoke a requester code or an on-line access special permit, may refuse to issue a requester code or on-line access special permit, or may refuse to approve access to confidential address information, after notice and opportunity to be heard, for any of the following reasons: (1) The application is incomplete.(2) The applicant requests access to residence address information when not authorized such access pursuant to statute, regulation, or rule of court.(3) Based on the applicant's stated purpose for requesting information, the department determines that the public interest in withholding the information outweighs the public interest in releasing the information.(4) The information on the application for a requester code is incorrect, false, misleading, or identifies an intended misuse of the information requested.(5) The applicant, or a representative of the applicant, was previously the holder or a managerial employee of the holder of a requester code revoked for cause and never reissued by the department, or suspended for cause and the terms of the suspension are not fulfilled. For the purposes of this subdivision, a representative means a proprietor, limited or general partner, a managerial employee, or a director or officer active in the management, direction, or control of the business of the requester code holder. A managerial employee is any person who exercises managerial control over the business of a requester code holder.(6) The holder, or any employee of the holder, used information received from the department for a purpose other than the purpose stated in the holder's application for a requester code.(7) The bond required pursuant to section 350.24 is canceled and a replacement bond is not filed with the department prior to the cancellation.(8) The holder submitted a check, draft, or money order to the department, that was thereafter dishonored when presented for payment.(9) The holder sold or otherwise delivered information obtained from the department to a person other than the requester code holder for whom the information was obtained except as provided for in section 350.18(b)(6).(10) The holder failed to pay for information received from the department.(11) The holder or any representative of the holder represented to any person that the holder or such representative as an officer, agent or employee of the department.(12) The holder published any false or misleading advertising related to the purchase of information from the department.(13) The holder used the DMV logogram in any advertising or other materials used in the business of the holder. If the holder uses the DMV logogram in any advertising, the advertising shall neither state nor infer that there is any official connection between DMV and the advertiser or that DMV has sanctioned or approved of either the advertisement or the advertiser's services.(14) The holder violated any of the provisions contained in this article.(b) The notice and hearing provided for in this section shall be conducted pursuant to chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code.(c) This section shall remain in effect only until October 1, 2000, and as of that date is repealed.(d) From October 1, 1998 through September 30, 2000, provisions of this section shall apply only to requester codes issued or renewed on or before October 1, 1998.Cal. Code Regs. Tit. 13, § 350.52
1. Change without regulatory effect renumbering and amending former section 320.52 to section 350.52 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. New subsections (c) and (d) filed 8-31-98; operative 9-30-98 (Register 98, No. 36). Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
1. Change without regulatory effect renumbering and amending former section 320.52 to section 350.52 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. New subsections (c) and (d) filed 8-31-98; operative 9-30-98 (Register 98, No. 36).