26 CA ADC § 13-100.05


      26 CCR s 13-100.05

      Cal. Admin. Code tit. 26, s 13-100.05


      CALIFORNIA CODE OF REGULATIONS
      TITLE 26. TOXICS
      DIVISION 5.1. DEPARTMENT OF MOTOR VEHICLES (TITLE 13)
      This database is current through 05/05/06, Register 2006, No. 18.

      s 13-100.05. Refusal, Revocation, and Hearing.

      (a) The department may refuse to issue a certificate to any applicant 
      under this article when the department is satisfied that any of the 
      following exist:

      (1) The applicant does not satisfy the requirements of Section 100.02, or 
      California Vehicle Code Sections 12804.1 or 12804.3.

      (2) As a result of the applicant's driving record, the applicant would be 
      deemed to be a "Negligent Operator" under the provisions of Vehicle Code 
      Section 12810.5(a).

      (3) The applicant previously held a certificate issued under this article 
      which has been revoked or suspended for cause and the cause for such 
      suspension or revocation still exists.

      (4) The applicant's driving record would be cause for suspension or 
      revocation of the certificate and/or driving privilege under the 
      provisions of the California Vehicle Code.

      (5) The department has grounds for refusing to issue any license to the 
      applicant under California Vehicle Code Sections 12805, 12807, or 12809, 
      or would have cause for such refusal if the driver were otherwise required 
      to be licensed under the provisions of the California Vehicle Code.

      (6) The applicant would not currently qualify for a medical certificate 
      approved by the Federal Highway Administration.

      (b) The department may suspend or revoke a certificate issued under this 
      article when the operator poses a risk to public health or safety or for 
      any other cause which exists under these regulations, or the laws of 
      California, regardless of when such cause arises which would either permit 
      or require the department to refuse to issue such a certificate.

      (c) The department may suspend or revoke the driving privilege of a 
      non-California driver subject to the provisions of California Vehicle Code 
      Section 3100 and these regulations, when the driver does not or no longer 
      meets the requirements set forth in Section 100.02.

      (d) The following provisions apply to a driver's right to a hearing:

      (1) Whenever the department determines upon investigation or reexamination 
      that the driver does not meet the qualifications for a certificate under 
      this article and proposes to suspend or revoke the certificate privilege, 
      notice and an opportunity to be heard shall be provided to the driver 
      before such action is taken. Notice shall be given in accordance with 
      procedures set forth in Vehicle Code Sections 13950, 13951, and 13952.

      (2) The department may suspend or revoke the certificate privilege in 
      accordance with the procedure set forth in Vehicle Code Section 13953 when 
      such action is required for the safety of the driver or other persons upon 
      the highway.

      (e) Procedures pertaining to hearing requests and the conduct of hearings 
      shall be governed by the provisions of Division 6, Chapter 3, of the 
      California Vehicle Code.


      Note: Authority cited: Section 3100, Vehicle Code. Reference: 3100, 
      12804.1, 12804.3, 12805, 12807, 12809, 12810.5 and 13950 through 14112, 
      Vehicle Code. 


       HISTORY 
         
      1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). 
For
      prior history, see Register 87, No. 2.
      26 CA ADC s 13-100.05

      END OF DOCUMENT

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