Header:
CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 1. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1. DEPARTMENT OF MOTOR VEHICLES
ARTICLE 4.7. SCHOOLS FOR TRAFFIC VIOLATORS
CLASSROOM STANDARDS AND CONDUCT
Date:
08/31/2009
Document:
ยง 345.40. Class Schedules
Approval for conducting traffic violator education courses shall be contingent upon the school meeting and maintaining the following scheduling requirements:
(a) A schedule of all classes shall be filed with the department 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 schedule shall be submitted through U.S. mail or posted on the school website.
(b) A schedule of all classes shall be filed with the department a minimum of 15 days prior to the beginning of each calendar month after a school begins operation. A schedule shall be submitted through U.S. mail or posted on the school website.
(c) Schools shall use the Official School And Class Location(s) Schedule, form OL 854 (Rev 7/93), when submitting schedules to the department. The form shall contain:
(1) The DBA name of the school, the TVS license number, and the date the form is prepared.
(2) The signature of the owner, operator, administrator if a public school or agency, or designated representative.
(3) The business address and telephone number of the school.
(4) The address of each classroom location to be used.
(5) The scheduled dates and hours for each classroom to be used during the scheduled period.
(6) Identification of the instructional language to be used for each scheduled class.
(d) A school that fails to submit schedules pursuant to this section shall result in the school name being removed from all judicial districts on the next TVS Classroom Location List published by the department pursuant to Vehicle Code section 11205(a). If the school fails to submit schedules a second time within any 12 month period, the school's name shall be removed from the next two TVS Classroom Location Lists.
(e) A school shall schedule and offer to conduct classes in an approved classroom location, in each city listed on the TVS Classroom Location List, at least once every other month.
(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 a city pursuant to subdivision (e), that city location shall be removed from the next TVS Classroom Location List published by the department pursuant toVehicle Code section 11205(a).
(3) If a school has 5 city locations removed from the TVS Classroom Location List within any 12 month period, the school's name shall be removed from all judicial districts on the next publication of the TVS Classroom Location List.
(f) 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 School And Class Location(s) Schedule, Form OL 854.
(g) The department may waive the requirements of subdivision (a), (b), or (e) of this section for a traffic violator school if a school is unable to schedule or conduct classes due to a normal disaster such as, fire, flood, or 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 immediately.
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