Section 225.18 - Cause for Refusal to Enter into a Contract and/or Issue a Permit(a) The failure of an applicant to establish its honesty, integrity, good character and reputation to the satisfaction of the department is good cause for the department to refuse to enter into a first-line business partner or first-line service provider BPA contract with and/or permit with such applicant.(b) The failure of an applicant to establish the honesty, integrity, good character and reputation of any of its owners or employees to the satisfaction of the department is good cause for the department to refuse to enter into a first-line business partner and/or first-line service provider BPA contract with and/or permit with such applicant.(c) The information provided on a Statement of Personal History Pre-Implementation Screening Process Business Partner Automation Program Privacy Statement and Instructions to Applicant form, REG 4019 (Rev. 11/2002), the message(s) from DOJ in response to a fingerprint check and/or other information obtained by the department may be the basis for approval or disapproval of a business partner, business partner owner(s) or employee(s) in meeting the standards stated in Vehicle Code Section 1685(b)(2)(B) to participate in the BPA.(d) There is good cause for the department to refuse to enter into a BPA contract and/or permit with a business partner applicant if the applicant, one of its owners or employees: (1) Has been convicted of a felony or a crime, or committed an act or engaged in conduct involving moral turpitude that is substantially related to the function of a BPA business partner.(2) Is or has been the holder of an occupational license issued by the department that has been suspended or revoked.(3) Is or has been a managerial employee of an occupational licensee licensed by the department that has been suspended or revoked.(4) Is or has been a commercial requestor or one of its owners that has been suspended or revoked.(5) Has failed to comply with Article 3.6, Business Partner Automation (BPA) Program regulations.(6) Has used a false name, made any false statement, or concealed any material fact in any BPA application or statement of personal history.(7) Has displayed, caused or permitted a sign, mark or advertisement, or used a "Doing Business As" (DBA) in violation of Vehicle Code section 25.(8) Has permitted or engaged in fraudulent practices or acts, with reference to clients, members of the public or the department.(9) Has committed or was responsible for any other act, occurrence, or event in California or any foreign jurisdiction that provides cause for refusal to issue a permit.(10) Has failed to comply with Vehicle Code section 1685; Division 5, (commencing with Section 11100) of the Vehicle Code, has violated Article 3, commencing with Section 1800, Chapter 1, Division 2 of the Vehicle Code or any regulation adopted under these statutes.(11) Was a departmental employee dismissed by the department for cause related to honesty, integrity, good character and reputation of the person dismissed by the department within the last ten years.Cal. Code Regs. Tit. 13, § 225.18
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsections (c) and (d)(10) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsections (c) and (d)(11); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (c) and (d)(10) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of subsection (c)(11) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
7. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26). Note: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sections 1653 and 1685, Vehicle Code.
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2002 or emergency language will be repealed by operation of law on the following day.
2. New section with amendment of subsections (c) and (d)(10) refiled 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-4-2003 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of subsections (c) and (d)(11); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (c) and (d)(10) filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
6. Amendment of subsection (c)(11) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
7. Amendment of section heading and section filed 6-29-2012; operative 7-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 26).