Section 115.04 - Hearing Requests and Late Hearing Requests(a) Any request for hearing pursuant to Vehicle Code section 14100 shall be made in writing, by telephone, or electronically through the department's online portal. (1) Any request for hearing shall contain all of the following information: (A) The name, birth date, driver's license number, current address, email, and current telephone number of the driver;(B) The date of the arrest, detention, or incident at issue in the hearing, if applicable;(C) The name of the agency responsible for arresting, detaining, citing, contacting, and/or providing notice of an order of suspension to the person requesting the hearing, if applicable;(D) The name, address, e-mail, and telephone number of the subject driver's attorney or representative, if applicable; and(E) An indication as to whether the driver and their representative, if any, consents to electronic service pursuant to Section 115.06 of this article.(2) Any request for hearing that does not contain all the information specified in subsection (a)(1) will not be considered a valid request for a hearing pursuant to Vehicle Code section 14100.(3) The person requesting the hearing or their representative must inform the department of any change in the information provided in subsection (a)(1) within five days of the change.(b) If the driver fails to request a hearing within ten days, as required by Vehicle Code section 14100, the department may still grant a hearing if the driver provides information establishing all of the following: (1) The driver or their representative was not responsible for the delay in requesting a hearing; and(2) The driver or their representative could not reasonably have made a timely request.Cal. Code Regs. Tit. 13, § 115.04
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505 and 11506, Government Code.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505 and 11506, Government Code.
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment filed 10-23-2014; operative 1/1/2015 (Register 2014, No. 43).
5. Amendment filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).