California Vehicle
Code VC 13376 - Denial, Revocation, Add or Suspension of Driver Certificates.13376.
(a) ( )1 This section applies to the following
certificates: - Schoolbus.
- School pupil activity bus.
- Youth
bus.
- General public paratransit vehicle.
- Vehicle used for the
transportation of developmentally disabled persons.
(b) (1) The department
shall revoke a certificate listed in subdivision (a), ( )2 for
three years if the certificate holder refuses to submit to a test for, fails to
comply with the testing requirements for, or receives a positive test for
a controlled substance, as specified in Part 382 (commencing with Section 382.101)
of Title 49 of the Code of Federal Regulations and Section 34520. However, the
department shall not revoke a certificate under this paragraph if the certificate
holder is in compliance with any rehabilitation or return to duty program that
is imposed by the employer that meets the controlled substances and alcohol use
and testing requirements set forth in Part 382 (commencing with Section 382.101)
of Title 49 of the Code of Federal Regulations. The driver
shall be allowed to participate in a rehabilitation or return to duty program
only once within a three-year period. The employer or program shall report any
subsequent positive test result or drop from the program to the department on
a form approved by the department. (2) If an applicant refuses
to submit to a test for, fails to comply with the testing requirements for, or
receives a positive test ( )3 for a controlled
substance, the department shall ( )4 refuse
the application for a certificate listed in subdivision (a) for three years from
the date of the confirmed positive test result. (3) The carrier that requested
the test shall report the refusal, failure to comply, or
positive test result to the department not later than five days after receiving
notification of the test result on a form approved by the department. (4)
The department shall maintain a record of any action taken
for a refusal, failure to comply, or positive test result ( )5
in the driving record of the applicant or certificate holder for three years from
the date of the ( )6 refusal, failure to comply,
or positive test result. (c) (1) The department may temporarily suspend
a schoolbus, school pupil activity bus, youth bus, or general public paratransit
driver certificate, or temporarily withhold issuance of a certificate to an applicant,
if the holder or applicant is arrested for or charged with any sex offense, as
defined in Section 44010 of the Education Code. (2) Upon receipt of a notice
of temporary suspension, or of the department's intent to withhold issuance, of
a certificate, the certificate holder or applicant may request a hearing within
10 days of the effective date of the department's action. (3) The department
shall, upon request of the holder of, or applicant for, a certificate, within
10 working days of the receipt of the request, conduct a hearing on whether the
public interest requires suspension or withholding of the certificate pursuant
to paragraph (1). (4) If the charge is dismissed or results in a finding
of not guilty, the department shall immediately terminate the suspension or resume
the application process, and shall expunge the suspension action taken pursuant
to this subdivision from the record of the applicant or certificate holder. (d)
An applicant or holder of a certificate may reapply for a certificate whenever
a felony or misdemeanor conviction is reversed or dismissed. A termination of
probation and dismissal of charges pursuant to Section 1203.4 of the Penal Code
or a dismissal of charges pursuant to Section 1203.4a of the Penal Code is not
a dismissal for purposes of this section. (e) The determination of the facts
pursuant to this section is a civil matter which is independent of the determination
of the person's guilt or innocence, has no collateral estoppel effect on a subsequent
criminal prosecution, and does not preclude the litigation of the same or similar
facts in a criminal proceeding. Amended Sec. 2, Ch. 738, Stats. 1997. Effective
January 1, 1998.
Amended Sec. 7, Ch. 66, Stats. 2005. Effective January 1,
2006.
The 2005 amendment added the italicized material, and at the point(s)
indicated, deleted the following: - “The department shall revoke a
schoolbus, school pupil activity bus, youth bus, or general public paratransit
driver certificate, and shall deny an application for that certificate, for any
of the following causes:
- The applicant or certificate holder
has been convicted of any sex offense as defined in Section 44010 of the Education
Code.
- The applicant has, within the three years preceding the application
date, either been convicted of a violation of Section 20001, 23103, 23104, 23152,
or 23153, or has his or her driving privilege suspended, revoked, or placed on
probation by the department for a cause involving the safe operation of a motor
vehicle.
- The applicant has, within the two years preceding the application
date, been convicted of any offense specified in Section 11361.5 of the Health
and Safety Code.
- The applicant has failed to meet the prescribed testing
requirements for issuance of the certificate.”
- “following
an opportunity to challenge the validity of the testing described in this paragraph,
for three years if the certificate holder has received a positive test result”
- “result
and has been provided an opportunity to challenge the validity of the test”
- “deny”
- “reported
under paragraph (3)”
- “department receives the report”
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