Cal. Code Regs. tit. 13 § 350.02

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 350.02 - Definitions

As used in this article the following definitions shall apply;

(a) Agent. As authorized by the department, a person or entity who is authorized by its preapproved requester to access, receive, or use departmental record information on behalf of its preapproved requester.

(b) Business Use. Use for any approved governmental or commercial purpose. This includes both nonprofit and charitable purposes.

(c) Casual Requester. Any person who is requesting information from the department's files and is not a preapproved requester.

(d) Commercial Requester Account. An account opened to assure timely billing and payment due the department for the sale of information and identified by a unique number.

(e) Commercial Requester Account Agreement. An agreement entered into between the department and a nongovernmental entity applying for preapproved status to request information from the files of the department. The signing of the agreement by both the nongovernmental entity and a representative of the department constitutes the basis to establish a Commercial Requester Account and becomes part of the Commercial Requester Account Application required in section 350.16.

(f) Direct Requester. A requester code holder who makes information requests directly to the department, and is billed directly by the department through a Commercial Requester Account.

(g) End User. Any requester code holder for whose use information is requested from the department's records. An end user may be either the person requesting the information or another person on whose behalf the information is requested.

(h) Governmental Entity. The United States Government or any subdivision, department, court or agency thereof; the state or any subdivision, department, court or agency thereof, including special districts, school districts, the Board of Regents of the University of California; and any city, county, city and county or any agency or subdivision thereof.

(i) Indirect Requester. A requester code holder making requests for department information from another requester code holder.

(j) Mailing Address. An address, reported separately from the residence address, reported to the department as the address where mail is to be delivered to the addressee. A mailing address is mandatory only when mail cannot be delivered to the reporting individual's residence address. Otherwise a mailing address is optional.

(k) On-Line Access. Direct access to the department's electronic data base through computerized equipment and communications lines furnished and maintained at no cost to the department.

(l) Person. A natural person, governmental entity, partnership, corporation, association, or the fictitious name under which one of the aforementioned does business.

(m) Personal Identification Number. A unique configuration of numbers and letters assigned by the department to requester code holders for use in conjunction with a requester code whenever the department in its sole discretion wishes to validate the identity of a direct requester when information is requested by telephone or in person. Personal identification numbers may be changed at the request of the person to whom issued or at the sole discretion of the department.

(n) Preapproved Requester. Any person issued a requester code pursuant to sections 350.08 or 350.26.

(o) Public. All natural persons, partnerships, corporations or associations. The public does not include governmental entities, preapproved requesters, natural persons requesting information concerning themselves or their spouses or minor children, and partnerships, corporations or associations requesting information concerning vehicles registered to the partnership, corporation or association.

(p) Requester Code. A unique configuration of numbers or letters and numbers assigned by the department to identify a requester.

(q) Residence Address. A residence address is the address reported to the department by an individual as the place where that individual resides.

(r) Special Permit. A signed agreement between the department and a Commercial Requester Account holder authorized on-line access to the department's electronic data base.

(s) Vehicle Dealer's Agent. A person certified by a vehicle dealer, licensed to do business in California, as its agent for the purpose of obtaining information directly from the department as a preapproved requester, pursuant to section 1808.23, subdivision (b), of the Vehicle Code.

(t) Vehicle Manufacturer's Agent. A person certified by a vehicle manufacturer, licensed to do business in California, as its agent for the purpose of obtaining information directly from the department, either as a preapproved requester or a nonpreapproved requester, pursuant to section 1808.23(a) of the Vehicle Code.

Cal. Code Regs. Tit. 13, § 350.02

1. Change without regulatory effect renumbering and amending former section 320.02 to section 350.02 and amending and repositioning article 5 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a), new subsection (c), subsection relettering, repealer of subsection (j) and amendment of subsections (p) and (s) filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).

Note: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section 1798.26, Civil Code. Reference: Sections 470, 1808.21, 1808.22, 1808.23, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798, Civil Code.