1. (a) Approval for conducting traffic violator education classroom courses shall be contingent upon the traffic violator school meeting and maintaining the following standard requirements:

   1. (1) Classroom shall provide a minimum of 15 square feet of space per student if the facility has lecture/assembly type seating or 20 square feet of space per student if the facility has standard classroom seating with tables or desks.
   2. (2) Classroom shall provide seating and writing surfaces for all students. Writing surfaces shall be tables, desks, the equivalent, or portable writing surfaces. Portable writing surfaces shall be made of a rigid material at least a ⅛ inch thick and shall measure at least 8 ½ by 11 inches.
   3. (3) Classroom attendance shall be limited to a maximum of 40 students.
   4. (4) Classrooms shall provide an educational atmosphere which is conducive to learning. To be conducive to learning, the classroom atmosphere shall be influenced as follows: appropriately cooled and heated to overcome normal summer and winter outside temperatures; appropriately lit for reading; and be free from interruptions including but not limited to noise, business activities, foot traffic, and machinery.
   5. (5) Classrooms shall not be located in or accessed through bars, restaurant lounges, or any other rooms which serve alcohol, allow alcohol consumption, or advertise or promote alcohol or its consumption.
   6. (6) Classrooms shall comply with all applicable local ordinances, including health and safety ordinances.

2. (b) Approval for conducting traffic violator home study and internet education courses shall be contingent upon the traffic violator school maintaining the availability of the course:

   1. (1) A traffic violator school that offers a home study or internet course shall notify the department of the initial date the course is available to the public.
   2. (2) If the course becomes unavailable for five or more business days for any reason after that date, the school shall notify the department of the change in status within ten days.
   3. (3) Before offering a course to the public that has been reported as “unavailable,” the school must notify the department 15 business days prior to offering the course.
   4. (4) A home study or internet course shall provide a prospective student with a specific time when the course shall be available or refer the person to the Occupational Licensing Lookup (OLL) when the course is not available. OLL can be accessed through the department's website address at www.dmv.ca.gov.
   5. (5) A home study or internet program which is not available for 25 percent of the time in a quarter, with exception to a cause determined to be beyond the school's control, shall be notified and removed from the OLL for a period of six months. If the program is unavailable more than 25 percent of the time for a second quarter within two years, the course shall be removed from OLL until the department approves a request from the school to have the course returned to the OLL. The school's name will remain on OLL; however, OLL will reflect that a course of the modality affected is not available.
   6. (6) A home study or internet school shall respond to a course inquiry within five business days by providing the home study course materials or the information necessary to commence an internet course. If the school is unable to respond within five days, it shall provide the requester with the date the course will be offered again or refer the student to the OLL so the student can choose another school.
   7. (7) If internet course instruction has been interrupted, the traffic violator school shall refund the course fee if the course will not be available for completion within five business days.

Note: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code. Reference: Section 11202, Vehicle Code.

History

1. Renumbering of former section 345.38 to new section 345.35, including amendment of section heading and section, filed 4-19-2012; operative 5-19-2012 (Register 2012, No. 16). For prior history of section 345.35, see Register 94, No. 43.

2. Change without regulatory effect amending subsections (b)(4)-(6) filed 6-3-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 23).