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(3) The applicant previously held a certificate issued under this article which has been revoked or suspended for cause and the cause for such suspension or revocation still exists.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

HISTORY

1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior history, see Register 87, No. 2.

Note

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