Section 221.12 - Termination of Assignment(a) A request for termination submitted on a Request to Terminate Self Insurance form [DMV 132 MCP (REV. 3/2001)] shall be deemed a termination of the assignment of the cash deposit(s) or savings account(s) and self-insurance status. The termination shall be processed at no charge.(b) The Director shall release the money held by the assignment to the assignor seven years after the termination of the Motor Carrier Permit; or when acceptable proof of financial responsibility pursuant to Vehicle Code section 34630 is submitted to the department in the form of a Certificate of Insurance, [DMV 65 MCP (REV. 7/2002)] or a surety bond, [DMV 55 MCP (REV. 10/2003)]; or receipt of an incomplete Application for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)] with no further activity. The Director may utilize his/her discretion and release the assignment before the seven-year period is complete when he/she is satisfied that there are no outstanding claims and unsatisfied final judgments against the motor carrier or former motor carrier. A judge of a superior court may order the return of the money held by the assignment prior to the expiration upon evidence satisfactory to the judge that there are no outstanding claims against the money held by the assignment.(c) The assignment shall be released when the Director orders the assigned account(s) returned.Cal. Code Regs. Tit. 13, § 221.12
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section heading and section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (b) filed 2-22-2005; operative 3-24-2005 (Register 2005, No. 8). Note: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Section 34630, Vehicle Code.
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98, No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section heading and section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (b) filed 2-22-2005; operative 3-24-2005 (Register 2005, No. 8).