Section 11107 Of Chapter 1. Driving Schools And Driving Instructors From California Vehicle Code >> Division 5. >> Chapter 1.
11107
. (a) The department may refuse to issue a license certificate
under this chapter to any applicant to own or operate a school or to
any instructor when it finds and determines any of the following to
exist:
(1) The applicant has not met the qualifications required under
this chapter.
(2) The applicant was previously the holder of a license under
this chapter which was revoked or suspended, which was never reissued
by the department after revocation, or which was never reinstated
after suspension.
(3) The applicant was previously the holder of an occupational
license issued by another state, authorizing the same or similar
activities of a license issued under this division; and that license
was revoked or suspended for cause and was never reissued, or was
suspended for cause, and the terms of suspension have not been
fulfilled.
(4) The applicant has done any act or series of acts which would
be a cause for suspension or revocation under Section 11110.
(5) If the applicant is a business, a business representative was
the holder of a revoked or suspended license previously issued under
this chapter which was never reissued after revocation or which was
never reinstated after suspension, or a business representative,
though not previously the holder of a license, has done any act or
series of acts which would be a cause for revocation or suspension
under Section 11110.
(6) By reason of the facts and circumstances relating to the
organization, control, and management of the business, it is likely
that the policy or operation of the business will be directed,
controlled, or managed by a business representative who, by reason of
any act, series of acts, or conduct described in paragraph (4) or
(5), would be ineligible for a license and that, by licensing the
business, the purposes of this division would be defeated.
(7) The applicant has knowingly made a false statement or
knowingly concealed a material fact in applying for a license.
(8) The applicant, or one of the business representatives if the
applicant is a business, has been convicted of a crime, or has
committed any act or engaged in conduct involving moral turpitude,
which is substantially related to the qualifications, functions, or
duties of the licensed activity. A conviction after a plea of nolo
contendere is a conviction within the meaning of this section.
(b) Upon refusal of the department to issue a license, the
applicant may demand, in writing, a hearing before the director or
the director's representative within 60 days after notice of refusal.
The hearing shall be conducted pursuant to Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code.
(c) A person whose license has been revoked, or whose application
for a license has been refused, may reapply for the license after a
period of not less than one year has elapsed from the effective date
of the decision revoking the license or refusing the application.