Section 350.28 - Nongovernmental Requester Code Holder's Request for Information(a) A nongovernmental requester code holder's request, including an on-line access request, for information must include a requester code issued to the requester and, if acting on behalf of another, a requester code issued to the end user of the information. If the request is made by telephone or in person, the personal identification number of the requester code holder making the request may be required. The request must also include one or more of the following points of identification of the record: (1) For vehicle registration information the points of identification include the license plate number, or the vehicle identification number or the owner's name and full address. If the request is made in conjunction with a vehicle lien sale the points of identification shall include the vehicle identification number, make, and year model of the vehicle being sold.(2) For vessel registration information the points of identification include the vessel registration number or hull number.(3) For driver's license or identification card information the points of identification include either the full name and date of birth, or the full name and driver's license or identification card number.(4) For financial responsibility information the points of identification include the date, time and location of accident; the full name of either driver involved; the driver's license number of either driver; the license plate number of a vehicle involved; the financial responsibility number assigned by the department; or any combination thereof.(5) For occupational licensing information the points of identification include the full name of the licensee, the name under which the licensee does business, or the occupational license number.(b) If the end user of information that includes a residence address is a financial institution, the financial institution must determine before submitting the request, either that it has obtained a written waiver of the right to confidentiality of residence address signed by the individual about whom the information is requested, or that such individual is presently obligated to the financial institution under an agreement that was executed prior to July 1, 1990.(c) If the end user of information that includes a residence address is an insurance company, the insurance company must determine before submitting the request, that it obtained a written waiver of the right to confidentiality of residence address signed by the individual about whom the information is requested; that such individual is presently insured under a policy, and that a named insured under that policy signed such a written waiver; or that such individual was involved in an accident with a person who is insured by the end user.(d) If the end user of information that includes a residence address is an attorney, the attorney must determine before submitting the request, that the request is pursuant to section 1808.22(c) of the Vehicle Code.(e) If the end user of the information that includes a residence address is a vehicle manufacturer or a vehicle manufacturer's agent, the manufacturer or the agent must determine before submitting the request, that the request is pursuant to section 1808.23(a) of the Vehicle Code.(f) If the end user of the information that includes a residence address is a vehicle dealer or a vehicle dealer's agent, the dealer or the agent must determine before submitting the request, that the request is pursuant to section 1808.23(b) of the Vehicle Code.(g) If the end user of the information that includes a residence address is requesting the information as permitted under subdivision (h) of section 1798.24 of the Civil Code, the requester must determine before submitting the request, that no persons will be contacted by mail or otherwise at the address included with the information.(h) If the end user of information that includes a residence address is not requesting the residence address information pursuant to section 1808.22 or 1808.23 of the Vehicle Code, the end user must cite a federal or state statute, regulation, or rule of court that specifically requires the department to release the residence address information from its records.Cal. Code Regs. Tit. 13, § 350.28
1. Change without regulatory effect renumbering and amending former section 320.28 to section 350.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (b), (c) and (h) 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 1808.21, 1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
1. Change without regulatory effect renumbering and amending former section 320.28 to section 350.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (b), (c) and (h) filed 6-13-2001; operative 7-13-2001 (Register 2001, No. 24).