Cal. Code Regs. Tit. 13, § 272.02 - Location of Business Records

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) A dealer shall maintain all original business records at its principal place of business or branch location for at least 90 days after the purchase, sale, rental, or lease of a vehicle.

(b) If a dealer has a branch location, business records relating to transactions that take place at that branch location may be maintained either at the branch location or at the principal place of business.

(c) After the initial 90-day record retention period required pursuant to subdivision (a), a dealer may maintain the original business records at an offsite storage location within California, provided that the original business records are retrievable and available for inspection by the department upon three business days notice and the business records are stored in a manner that meets any applicable safeguard requirements pursuant to 15 U.S.C. section 6801(b).

(d)

(1) A dealer may create an electronic copy of an original business record at any time. After the initial 90-day record retention period required pursuant to subdivision (a), an electronic copy of an original business record shall satisfy the record retention requirements of subdivision (a) of this Section and the record retention requirements of subdivision (b) of Section 272.00 for the remainder of the three-year record retention period provided all of the following requirements are satisfied:

(A) The electronic copy is created in a non-alterable format;

(B) The electronic copy is retained in a format that permits the document to be readily accessible and retrievable;

(C) The electronic copy is a legible, complete and accurate reproduction of the original business record;

(D) The electronic copy is retained at an on-site or off-site location in a manner that permits the business record to be retrieved and made available to the department for inspection upon three business days notice;

(E) Any access device, server, network device, or any internal or external storage medium used for storing the electronic copy or back-up copy has access controls and physical security measures to protect the records from unauthorized access, viewing or alteration.

(2) A dealer that makes an electronic copy of an original business record that meets the requirements of this subdivision (d) may dispose of the original business record, provided that the original business record is disposed of in a manner that meets the requirements of Civil Code section 1798.81.

(e) Use of a third party to physically or electronically store business records shall not reduce a dealer's responsibility to produce a business record when required.

Notes

Cal. Code Regs. Tit. 13, § 272.02

Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 1801.1, 4456, 5753, 11709, 11712 and 11714, Vehicle Code.

1. Change without regulatory effect renumbering former section 410.01 to section 272.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).
2. Repealer and new section and amendment of Note filed 2-15-2011; operative 3-17-2011 (Register 2011, No. 7).
3. Amendment filed 8-25-2020; operative 10-1-2020 (Register 2020, No. 35).