reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19160.

19160. The premises, delivery equipment, machinery, appliances and devices of all persons licensed under this chapter shall at all times be kept free from refuse, dirt contamination, insects or vermin.
(Added by Stats. 1941, Ch. 46.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19161.

19161. (a) All mattresses and mattress sets manufactured for sale in this state shall be fire retardant. “Fire retardant,” as used in this section, means a product that meets the standards for resistance to open-flame test adopted by the United States Consumer Product Safety Commission and set forth in Section 1633 and following of Title 16 of the Code of Federal Regulations. The bureau may adopt regulations it deems necessary to implement those standards.
(b) All other bedding products that the bureau determines contribute to mattress bedding fires shall comply with regulations adopted by the bureau specifying that those products be resistant to open-flame ignition.
(c) All seating furniture sold or offered for sale by an importer, manufacturer, or wholesaler for use in this state, including any seating furniture sold to or offered for sale for use in a hotel, motel, or other place of public accommodation in this state, and reupholstered furniture to which filling materials are added, shall be fire retardant and shall be labeled in a manner specified by the bureau. This does not include furniture used exclusively for the purpose of physical fitness and exercise.
(d) Regulations adopted by the bureau for other bedding products shall not apply to any hotel, motel, bed and breakfast, inn, or similar transient lodging establishment that has an automatic fire extinguishing system that conforms to the specifications established in Section 904.1 of Title 24 of the California Code of Regulations.
(Amended by Stats. 2021, Ch. 188, Sec. 22. (SB 826) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19161.3.

19161.3. All flexible polyurethane foam in the form of slabs, blocks, or sheets, or which is shredded (loose or packaged), except polyurethane foam sold for use as carpet underlayment and polyurethane foam which cannot reasonably be expected to be used in or as an article of furniture or a mattress, that is offered for sale to the general public at retail outlets in this state for noncommercial or nonmanufacturing purposes, shall be fire retardant. “Fire retardant” as used in this section, means a product that meets the regulations adopted by the bureau.
(Repealed and added by Stats. 1984, Ch. 983, Sec. 4. Effective September 10, 1984.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19161.5.

19161.5. The chief of the bureau, subject to the approval of the Director of Consumer Affairs, may in his or her discretion exempt items of upholstered furniture which are deemed not to pose a serious fire hazard from the fire retardant requirements of Section 19161.
(Amended by Stats. 1987, Ch. 925, Sec. 11. Effective September 22, 1987.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19162.

19162. A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, “materials” includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.
(Amended by Stats. 2018, Ch. 578, Sec. 31. (SB 1483) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19163.

19163. All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, “materials” includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.
(Amended by Stats. 2018, Ch. 578, Sec. 32. (SB 1483) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19164.

19164. The bureau may, by regulation, establish insulation material standards governing the quality of all insulation material sold or installed within this state, including those properties that affect the safety and thermal performance of insulation material during application and in the use intended. The standards shall specify the initial performance of the insulation material and the performance expected during the design life of the insulation material. Until the bureau has adopted these regulations, the regulations of the State Energy Resources Conservation and Development Commission in effect on the effective date of this section relating to those standards shall remain in full force and effect. However, wherever those regulations specify that the commission shall perform an act, the bureau instead shall perform the act.
Prior to establishing the standards and procedures required by this chapter, the bureau shall conduct at least two public hearings, and shall invite the State Energy Resources Conservation and Development Commission, the State Fire Marshal, manufacturers, distributors, and licensed installers of insulation materials, and appropriate members of the public to participate in the hearings. Immediately upon adoption of the standards and procedures, the bureau shall provide a copy of the standards to the State Energy Resources Conservation and Development Commission, and the Contractors State License Board. Within 30 days after receipt of the bureau’s standards, the Contractors State License Board shall notify all state licensed contractors who install insulation of the standards.
Insulation standards adopted by the bureau, pursuant to this section, and by the State Energy Resources Conservation and Development Commission, pursuant to Section 25402 of the Public Resources Code, which are building standards, as defined in Section 25488.5 of the Public Resources Code, shall be submitted to the California Building Standards Commission for approval pursuant to, and are governed by, the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). The building standards adopted by the bureau and published in the California Building Standards Code shall comply with, and be enforced as provided in, this section.
(Amended by Stats. 2020, Ch. 312, Sec. 97. (SB 1474) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 7 - Regulations › Section 19165.

19165. Insulation material may only be sold or installed in the state which has been certified by the manufacturer to have been tested in accordance with standards adopted by the bureau and which bears a visible bureau approved statement by the manufacturer certifying that the insulation material meets those standards and has been tested and approved by an approved testing laboratory. The testing criteria shall be designed to determine whether insulation materials have met or exceeded minimum established standards. The bureau shall publish and periodically update a directory of certified insulation, including the R-value. The bureau shall charge a fee of fifty dollars ($50) annually, for each certified product listed in the directory up to a maximum of five thousand dollars ($5,000) per manufacturer.
Within 180 days after the date of adoption of those standards, each manufacturer of insulation material shall develop and implement a quality assurance program. Each manufacturer shall keep a record of any testing performed pursuant to the program for a period of three years after it is performed.
(Added by Stats. 1984, Ch. 1456, Sec. 9.5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19170.

19170. (a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table:
Maximum
fee
Minimum
fee
Importer’s license ........................
$940
$120
Furniture and bedding manufacturer’s
license ........................
940
120
Wholesale furniture and bedding
dealer’s license ........................
675
120
Supply dealer’s license ........................
675
120
Custom upholsterer’s license ........................
450
80
Sanitizer’s license ........................
450
80
Retail furniture and bedding dealer’s license ........................
300
40
Retail furniture dealer’s license ........................
150
20
Retail bedding dealer’s license ........................
150
20
(b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter.
(c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter.
(d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a).
(e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.
(Amended by Stats. 2015, Ch. 187, Sec. 3. (AB 1175) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19170.3.

19170.3. The annual fee for an insulation manufacturing license shall be fixed by the bureau in an amount not less than one thousand eight hundred fifty dollars ($1,850) but not more than two thousand five hundred dollars ($2,500).
(Added by renumbering Section 19170 (as added by Stats. 1984, Ch. 1456) by Stats. 1986, Ch. 248, Sec. 9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19170.5.

19170.5. (a) Except as provided in Section 19170.3, licenses issued under this chapter expire two years from the date of issuance. To renew his or her license, a licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the chief, and pay the fees prescribed by Sections 19170 and 19213.1. If a licensee fails to renew his or her license before its expiration, a delinquency fee of 20 percent, but not more than one hundred dollars ($100), notwithstanding the provisions of Section 163.5, shall be added to the renewal fee. If the renewal fee and delinquency fee are not paid within 90 days after expiration of a license, the licensee shall be assessed an additional penalty fee of 30 percent of the renewal fee.
(b) Except as otherwise provided in this chapter, a licensee may renew an expired license within six years after expiration of the license by filing an application for renewal on a form prescribed by the bureau, and paying all accrued renewal, delinquent, and penalty fees.
(c) A license that is not renewed within six years of its expiration shall not be renewed, restored, reinstated, or reissued, but the holder of the license may apply for and obtain a new license if both of the following requirements are satisfied:
(1) No fact, circumstance, or condition exists which would justify denial of licensure under Section 480.
(2) The licensee pays all renewal, delinquency, and penalty fees that have accrued since the date on which the license was last renewed.
(d) The bureau may impose conditions on any license issued pursuant to subdivision (c).
(Amended by Stats. 2007, Ch. 354, Sec. 69. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19172.

19172. A person may not obtain a new license of the same class as the license held during the last preceding license period, but may renew the license previously held by him or her on payment of the renewal fee and delinquency fee in effect on the last regular renewal date before the date on which he or she applies for renewal provided the license has not been canceled in accordance with Section 19170.5.
(Amended by Stats. 1993, Ch. 1264, Sec. 87. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19173.5.

19173.5. Section 11002 of the Government Code authorizes the use of the United States postal cancellation on the envelope in which the fee is mailed, as the date of payment.
(Amended by Stats. 1978, Ch. 1161.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19174.

19174. All fees collected under this chapter shall be reported to the Controller and paid to the Treasurer and credited to the Household Goods and Services Fund, to be expended only for the purposes of the bureau and in carrying out this chapter.
(Amended by Stats. 2023, Ch. 508, Sec. 36. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 8 - Fees › Section 19174.5.

19174.5. (a) All moneys in the Home Furnishings and Thermal Insulation Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Home Furnishing and Thermal Insulation Fund shall be abolished.
(b) This section shall remain in effect only until December 31, 2026, and as of that date is repealed.
(Added by Stats. 2023, Ch. 508, Sec. 37. (SB 814) Effective January 1, 2024. Repealed as of December 31, 2026, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19200.

19200. The chief or any inspector shall have access to the premises, equipment, materials, partly finished and finished articles and records of any person subject to the provisions of this chapter.
(Amended by Stats. 1949, Ch. 787.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19200.5.

19200.5. (a) The chief or any inspector may open any articles of upholstered furniture or bedding, including pillows or cushions belonging to or forming a part thereof, or insulation for the purpose of inspecting concealed filling material and may take either the entire article or samples of filling material or insulation in such quantities as may be necessary for analysis.
(b) The bureau shall reimburse the manufacturer, distributor, or retailer for the actual cost of any article or sample of filling material or insulation taken for analysis under subdivision (a) unless the article or sample is found to be in violation of this chapter or any regulation adopted by the bureau.
(Amended by Stats. 2012, Ch. 90, Sec. 1. (AB 1443) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19201.

19201. The chief or any inspector may determine the fitness of any secondhand or damaged article of bedding or filling material, for sanitization and sale.
(Amended by Stats. 1988, Ch. 1448, Sec. 27.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19202.

19202. The bureau may condemn, withhold from sale, seize, or destroy any upholstered furniture or bedding or any filling material or insulation which is found to be in violation of this chapter.
(Amended by Stats. 1984, Ch. 1456, Sec. 12.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19203.

19203. The tag to be affixed to any article of condemned upholstered furniture or bedding, or any material or insulation, by an inspector shall be a red tag and shall contain such information as may be required by the chief.
(Amended by Stats. 1984, Ch. 1456, Sec. 13.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19204.

19204. Every person who removes, or causes to be removed, any tag or device placed upon any upholstered furniture or bedding or any material or insulation, by an inspector is guilty of a violation of this chapter.
(Amended by Stats. 1984, Ch. 1456, Sec. 14.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19205.

19205. The failure of any person to produce upon demand of an inspector any article that has been condemned and ordered held on a notice of violation signed by such person, or a notice of violation that the person has refused to sign, is a violation of this chapter.
(Amended by Stats. 1993, Ch. 1264, Sec. 89. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19206.

19206. No person shall interfere with, obstruct or otherwise hinder any inspector of the bureau or of the department’s Division of Investigation in the performance of his or her duties.
(Amended by Stats. 1993, Ch. 1264, Sec. 90. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19208.

19208. The chief or his or her authorized designee may cite any person licensed under and subject to the provisions of this chapter to participate in an office conference before the chief to show cause why he or she should not be subject to any or a range of disciplinary actions or to prosecution for any violation of this chapter.
(Amended by Stats. 2002, Ch. 405, Sec. 52. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19209.

19209. Except as otherwise required to comply with the provisions of Article 9.5 of this chapter, the proceedings in any hearing or disciplinary action under this chapter shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1955, Ch. 1045.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19210.

19210. After a hearing, a license may be suspended, revoked, reprimanded, or placed on probation for a violation of any of the provisions of this chapter or of the rules and regulations of the bureau, or for a violation of Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false or misleading advertising; provided, however, that the license of a wholesaler or retailer shall not be suspended in the absence of a finding that the wholesaler or retailer knowingly offered for sale or sold articles not conforming to the requirements of this chapter or the rules and regulations of the bureau.
In any order of suspension or revocation, the bureau may impose conditions relative to the disposition of articles not conforming to the requirements of this chapter or the rules and regulations of the bureau, or may impose conditions relative to the completion or fulfillment of any orders or contracts entered into prior to the date of the hearing.
(Amended by Stats. 1987, Ch. 850, Sec. 22.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19211.

19211. Any person who has been denied a license, or who has had their license revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension, or any person who has been a member of any limited liability company or of any partnership, or an officer or director of any corporation, or an officer or person acting in a managerial capacity of any firm or association, whose license has been revoked, or whose license is under suspension, or who has failed to renew a license while it was under suspension, and while acting as a member, officer, director, or person acting in a managerial capacity, participated in any of the prohibited acts for which the license was suspended, or revoked, shall be prohibited from serving as a member of any licensed limited liability company or of any licensed partnership, or as an officer or director of any licensed corporation, or as an officer or person acting in a managerial capacity of any licensed firm or association, and the employment, election, or association of a person in this capacity by a licensee shall constitute grounds for disciplinary action against the licensee.
(Amended by Stats. 2023, Ch. 508, Sec. 38. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19212.

19212. The performance by any partnership, limited liability company, corporation, firm, or association of any act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against any licensee who is a member of that partnership or limited liability company, or an officer or director of that corporation, or an officer or person acting in a managerial capacity of that firm or association, if the licensee participated in the prohibited act or omission.
(Amended by Stats. 2023, Ch. 508, Sec. 39. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19213.

19213. The bureau may monitor compliance with all insulation standards, including those adopted by the Energy Resources Conservation and Development Commission, pursuant to Section 25402 of the Public Resources Code, by conducting periodic inspections with its own personnel, or by requiring inspections conducted by an approved independent third party laboratory, of manufacturers, distributors, or retailers of insulation material sold within the state in order to determine their compliance with this article. The bureau shall annually test all categories of insulation products for which standards have been adopted. The bureau may require those manufacturers, distributors, or retailers that are inspected and found not in compliance with this article, or any regulation implementing it, to pay such reasonable fees as are necessary to cover the costs of inspections and testing necessary to investigate and enforce compliance by those manufacturers, distributors, and retailers. Fees shall be fixed in an amount not more than the cost of testing and inspection with a minimum fee of two hundred dollars ($200) for each test or inspection. The bureau may also conduct, or contract with approved independent third party laboratories to conduct, independent performance tests of insulation materials sold in the state, in order to determine compliance with its adopted standards. Where a fee is not paid, the full amount of the assessed fee shall be added to the fee for the renewal of a license. A license shall not be renewed without payment of the renewal fee and all fees for testing and inspection.
(Amended by Stats. 1993, Ch. 1264, Sec. 92. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19213.1.

19213.1. The bureau may require a licensee who sells or manufactures furniture and bedding products that are inspected and found not to be in compliance with this chapter, or any regulation implementing it, to pay those reasonable fees as are necessary to cover the costs of inspections and testing necessary to investigate and enforce compliance by those licenses. Fees shall be fixed in an amount not more than the cost of testing and inspection except that the minimum fee shall be two hundred dollars ($200) for each test or inspection. The range of fees for testing or inspection shall be fixed by the bureau in an amount not less than two hundred dollars ($200) and not more than five hundred dollars ($500) for each test or inspection. Where a fee is not paid, the full amount of the assessed fee shall be added to the fee for the renewal of a license. A license shall not be renewed without payment of the renewal fee and all fees for testing and inspection.
(Amended by Stats. 1993, Ch. 1264, Sec. 93. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9 - Enforcement › Section 19214.

19214. Any person who violates or proposes to violate any provision of this chapter relating to insulation standards may be enjoined by any court of competent jurisdiction. The court may make those orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice which violates any provision of this chapter.
Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own motion or upon the complaint of any board, officer, person, corporation, association, partnership, limited liability company, or by any person acting for the interests of itself, its members, or the general public.
(a) A person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, city attorney, or city prosecutor in any court of competent jurisdiction. The unit for a separate and distinct offense regarding insulation in violation of this chapter is each and every bag, bale, package, roll, or other container sold, offered for sale, or possessed with intent to sell or install contrary to the provisions of this chapter.
(b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city.
(c) If the action is brought at the request of the bureau, the court shall determine the reasonable expenses incurred by the bureau in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (b), the amount of the reasonable expenses incurred by the bureau shall be paid to the Treasurer.
(Amended by Stats. 2023, Ch. 508, Sec. 40. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.

19215. As used in this article, unless otherwise indicated, “director” means the Director of the Office of Administrative Hearings.
(Amended by Stats. 1978, Ch. 1161.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.1.

19215.1. The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her engaging within this state, either personally or through an agent or employee, in a business subject to license under this chapter, is equivalent to the appointment by the licensee of the director as his or her true and lawful attorney upon whom may be served all lawful process in any disciplinary proceeding conducted against him or her under this chapter.
(Amended by Stats. 2002, Ch. 405, Sec. 54. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.2.

19215.2. The acceptance of such rights and privileges as so evidenced shall signify the agreement of the licensee that any such process which is served against him or her in the manner provided in this article shall be of the same legal force and validity as if served upon him or her personally in this state.
(Amended by Stats. 2002, Ch. 405, Sec. 55. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.3.

19215.3. Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of two dollars ($2) for each licensee to be served, in the hands of the director or in his or her office in Sacramento. This service shall be sufficient service on the licensee subject to compliance with Section 19215.4 of this code.
(Amended by Stats. 2002, Ch. 405, Sec. 56. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.4.

19215.4. A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered mail by the director to the licensee at his or her last known address as furnished by the bureau. Personal service of this notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee wherever found outside this state shall be the equivalent of this mailing.
(Amended by Stats. 2002, Ch. 405, Sec. 57. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.5.

19215.5. Proof of compliance with Section 19215.4 shall be made in the event of service by mail by affidavit of the director or his or her authorized employee showing this service by mailing, together with the return receipt of the United States post office bearing the signature of the licensee or his or her agent. The affidavit and receipt shall be appended to the original accusation on file with the bureau. In the event of personal service outside this state, compliance may be proved by the return of any duly constituted public officer qualified to serve process in civil actions in the state or jurisdiction where the licensee is found, showing such service to have been made. This return shall be appended to the original accusation on file with the bureau.
(Amended by Stats. 2002, Ch. 405, Sec. 58. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.6.

19215.6. The bureau, or if the proceeding has been assigned to a hearing officer of the Office of Administrative Hearings, the hearing officer, may order postponements or continuances and grant extensions of time that may be necessary to afford the licensee reasonable opportunity to defend the proceeding. In no event shall the licensee have less than 30 days after the date of mailing or delivery to him or her of the copy of the accusation in which to file a notice of defense, nor shall the notice of hearing provided for in Section 11509 of the Government Code or the notice and copy of affidavit referred to in Section 11514 of the Government Code be mailed or delivered less than 20 days prior to the date of hearing, and the time for making a request to cross-examine under Section 11514 of the Government Code shall be not less than 15 days.
(Amended by Stats. 2002, Ch. 405, Sec. 59. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.7.

19215.7. The director shall keep a record of all process served upon him or her pursuant to this article that shall show the day and hour of service.
(Amended by Stats. 2002, Ch. 405, Sec. 60. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 9.5 - Disciplinary Proceedings Against Nonresidents › Section 19215.8.

19215.8. As used in this article “nonresident” means a person who is not a resident of this State at the time he or she engages in business in the State as described in Section 19215.1.
(Amended by Stats. 2002, Ch. 405, Sec. 61. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 10 - Penalties › Section 19220.

19220. Every person who violates any of the provisions of this chapter is guilty of a misdemeanor and punishable for each offense by a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) or by imprisonment for not less than three nor more than six months or by both such fine and imprisonment.
(Amended by Stats. 1993, Ch. 1264, Sec. 94. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3 - Home Furnishings › ARTICLE 10 - Penalties › Section 19221.

19221. The unit for a separate and distinct offense in violation of this chapter is each and every article of improperly labeled, or not labeled, upholstered furniture or bedding or filling material made, repaired, recovered, renovated, sanitized, sold, exposed or offered for sale, delivered, consigned, rented, or possessed with intent to sell contrary to the provisions of this chapter.
(Amended by Stats. 1988, Ch. 1448, Sec. 28.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19225.

19225. This chapter may be cited as the “Household Movers Act.”
(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19225.5.

19225.5. For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:
(a) “Broker” means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.
(b) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.
(c) “Chief” refers to the chief of the bureau.
(d) “Corporation” includes a corporation, a company, a limited liability company, an association, and a joint stock association.
(e) “Department” refers to the Department of Consumer Affairs.
(f) “Director” refers to the Director of Consumer Affairs.
(g) “Fund” means the Household Goods and Services Fund established pursuant to Section 9870.
(h) “Household mover” includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends “household mover” to have the same meaning as “household goods carrier” in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018.
(i) “Inspector” refers to an inspector either employed by, or under contract to, the bureau.
(j) “Motor vehicle” means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.
(k) “Owner,” with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.
(l) “Person” includes an individual, a firm, or a partnership.
(m) “Public highway” includes every public street, road, or highway in this state.
(Amended by Stats. 2023, Ch. 508, Sec. 41. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19225.7.

19225.7. In construing and enforcing the provisions of this chapter relating to citations and discipline, the act, omission, or failure of any officer, agent, or employee of any person or corporation, acting within the scope of his or her official duties or employment, is the act, omission, or failure of the employing person or corporation.
(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19225.9.

19225.9. Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.
(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19226.

19226. The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state shall be exclusively as provided in this chapter. Any provision of the Public Utilities Code in conflict with the provisions of this chapter does not apply to a household mover.
(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19227.

19227. The transportation of used household goods and personal effects in any truck or trailer for compensation over any public highway in this state is a highly specialized type of truck transportation. This chapter is enacted for the limited purpose of providing necessary regulation for this specialized type of truck transportation only, and is not to be construed for any purpose as a precedent for the extension of that regulation to any other type of truck transportation not presently so restricted.
(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19228.

19228. (a) Notwithstanding any other law, and until the time the director adopts regulations implementing this chapter, powers granted to, or duties imposed on, the Public Utilities Commission pursuant to the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code are transferred to, and may be exercised by, the director in administering this chapter.
(b) All rules, regulations, general orders, forms, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, adopted, administered, or enforced by the Public Utilities Commission for purposes of implementing and administering the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code, that are in effect immediately preceding July 1, 2018, shall remain in effect and shall be administered and enforced by the director, until the operative date of regulations adopted by the director to implement this chapter.
(c) Until the operative date of regulations implementing this chapter, household movers shall observe the rules, regulations, general orders, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, that are administered and enforced by the director pursuant to this chapter. A violation of those rules, regulations, general orders, or tariff may be grounds for discipline.
(Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 3.1 - Household Movers Act › ARTICLE 1 - General Provisions and Definitions › Section 19229.

19229. (a) Moneys in the fund shall be used, upon appropriation by the Legislature, by the bureau for the administration of this chapter.
(b) Except as otherwise provided in this chapter, all moneys, including fines or penalties imposed under this chapter, collected pursuant to this chapter shall be deposited into the fund.
(Amended by Stats. 2023, Ch. 508, Sec. 42. (SB 814) Effective January 1, 2024.)