reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9849.

9849. (a) The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 81) by Stats. 2023, Ch. 508, Sec. 12. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 13 of Stats. 2023, Ch. 508.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9849.

9849. (a) The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 82) by Stats. 2023, Ch. 508, Sec. 13. (SB 814) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9850.

9850. Any person who fails to comply with the provisions of this chapter or of the regulations made pursuant to this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding six months, or by both such fine and imprisonment.
(Amended by Stats. 1993, Ch. 1264, Sec. 46. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9851.

9851. (a) The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b) The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 83) by Stats. 2023, Ch. 508, Sec. 14. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 15 of Stats. 2023, Ch. 508.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9851.

9851. (a) The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b) The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 84) by Stats. 2023, Ch. 508, Sec. 15. (SB 814) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9852.

9852. No person required to have a valid registration under the provisions of this chapter shall have the benefit of any lien for labor or materials or the right to sue on a contract for repairs or installation done by such individual, unless he or she has such a valid registration.
(Amended by Stats. 1986, Ch. 207, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9853.

9853. (a) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 85) by Stats. 2023, Ch. 508, Sec. 16. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 17 of Stats. 2023, Ch. 508.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4 - Offenses Against the Chapter › Section 9853.

9853. (a) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b) This section shall become operative January 1, 2028.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 86) by Stats. 2023, Ch. 508, Sec. 17. (SB 814) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.05.

9855.05. On and after January 1, 2000, for the purposes of this chapter, “service contract” also includes a service contract as described in subdivision (e) of Section 12741 of the Insurance Code.
(Added by Stats. 1998, Ch. 1075, Sec. 1. Effective January 1, 1999. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.1.

9855.1. (a) It shall be unlawful for any person to act as a service contractor in this state unless that person first registers with the bureau in accordance with the provisions of this chapter and maintains a valid registration.
(b) Except as expressly provided in this chapter, service contractors registered in accordance with the provisions of this chapter shall be exempt from all provisions of the Insurance Code.
(Amended by Stats. 2010, Ch. 543, Sec. 2. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.15.

9855.15. A service contract administrator who is an obligor on a service contract and is registered as a service contract administrator may perform all the functions permitted by a seller and shall not be required to register separately as a seller.
(Added by Stats. 2010, Ch. 543, Sec. 3. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.2.

9855.2. (a) A service contract seller shall not issue, sell, or offer for sale a service contract unless the obligor under the service contract has complied with one of the following requirements:
(1) Files with the director one of the following:
(A) The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(B) The most recent audited financial statement reflecting a net worth of not less than one hundred million dollars ($100,000,000). The financial statement shall be certified by a certified public accountant who is licensed in the state where the service contract seller maintains its principal place of business or the seller’s state of domestic incorporation.
(2) Obtains a service contract reimbursement insurance policy.
(3) Sells service contracts that are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the seller’s service contracts.
(4) Maintains and annually verifies to the director a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
(b) A service contract administrator shall not administer service contracts sold in this state unless a service contract reimbursement insurance policy covering these service contracts has been obtained.
(Amended by Stats. 2010, Ch. 543, Sec. 4. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.3.

9855.3. (a) (1) The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use.
(2) The term “documents incorporated by reference” shall mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts.
(3) Each service contract form shall be identified by a unique form number and date of last revision.
(4) Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director.
(b) Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy.
(c) Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following:
(1) The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K.
(2) A service contract reimbursement insurance policy.
(3) Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the seller’s service contracts.
(4) Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force.
(Amended by Stats. 2018, Ch. 578, Sec. 20. (SB 1483) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.4.

9855.4. (a) The service contract reimbursement insurance policy shall cover the obligations of the service contract seller under the service contracts sold during the period of time that the service contract reimbursement insurance policy was in force. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California.
(b) A service contract reimbursement insurance policy shall contain a provision under which the insurer shall notify the bureau in writing of the termination or nonrenewal of the service contract reimbursement insurance policy.
(c) Upon the effective date of the termination or cancellation of a service contractor’s service contract reimbursement insurance policy, the registration of the service contractors whose service contracts are covered thereby shall be automatically suspended, unless the affected service contractors have filed with the director, prior to the date of the termination or cancellation of the service contract reimbursement insurance policy, a new service contract reimbursement insurance policy or otherwise meet one of the requirements of Section 9855.2. Upon receipt of a written request from the service contractor, the director may delay the suspension of a service contractor’s registration for no more than 60 days. Following the automatic suspension, an administrative hearing shall be provided upon written request to the director in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1993, Ch. 1265, Sec. 7. Effective January 1, 1994. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.5.

9855.5. A service contractor shall comply with the provisions of Sections 1794.4 and 1794.41 of the Civil Code.
(Added by Stats. 1993, Ch. 1265, Sec. 7. Effective January 1, 1994. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.6.

9855.6. Where a service contractholder cancels a service contract in accordance with Section 1794.41 of the Civil Code and the refund due is not paid to the service contractholder or credited to his or her account within 30 days after the service contractor receives written notice of cancellation, the amount of the required refund or credit shall bear interest, payable to the service contractholder, at the rate of 10 percent per annum for each additional 30 days or fraction thereof.
(Amended by Stats. 2006, Ch. 538, Sec. 18. Effective January 1, 2007. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.7.

9855.7. The director may deny, or may suspend, revoke, or place on probation the registration of a service contractor for any act, omission, or crime that is committed by the service contractor or any employee, partner, officer, or agent of the service contractor for any of the following reasons:
(a) Any conduct that constitutes fraud or dishonest dealing.
(b) Conviction of a crime that has a substantial relationship to the qualifications, functions and duties of a registrant under this chapter, in which event the record of conviction shall be conclusive evidence thereof.
(c) Assisting in or abetting the violation of, or conspiring to violate, any provision of this article, or of regulations adopted under this article.
(Amended by Stats. 2007, Ch. 354, Sec. 55. Effective January 1, 2008. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.85.

9855.85. Unless otherwise lawfully transacting the business of insurance pursuant to a certificate of authority issued pursuant to Section 700 of the Insurance Code for the appropriate class, a service contract administrator or third-party seller acting as an obligor on a service contract without having a service contract reimbursement insurance policy covering all service contracts under which the service contract administrator or third-party seller is obligated shall be deemed to be unlawfully transacting the business of insurance and shall be subject to subdivision (b) of Section 700 and Section 12921.8 of the Insurance Code.
(Added by Stats. 2010, Ch. 543, Sec. 5. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 4.5 - Service Contractors › Section 9855.9.

9855.9. This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 508, Sec. 19. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 9855.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9860.

9860. (a) The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 88) by Stats. 2023, Ch. 508, Sec. 20. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 21 of Stats. 2023, Ch. 508.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9860.

9860. (a) The director shall establish procedures for accepting complaints from the public against any service dealer.
(b) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 89) by Stats. 2023, Ch. 508, Sec. 21. (SB 814) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9861.

9861. If the complaint does not appear to state any violations of this chapter or of the regulations made pursuant to this chapter, the director shall so advise the complainant and take no further action.
(Added by Stats. 1963, Ch. 1492.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9862.

9862. If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service dealer of the contents of the complaint and, if the service dealer is so advised, the director shall make a summary investigation of the facts after the service dealer has had reasonable opportunity to reply thereto.
(Amended by Stats. 1994, Ch. 1275, Sec. 52. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9862.5.

9862.5. (a) If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 508, Sec. 22. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9863.

9863. (a) If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the director’s judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer or service contractor accepts the director’s suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer or service contractor declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 91) by Stats. 2023, Ch. 508, Sec. 23. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 24 of Stats. 2023, Ch. 508.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 5 - Informal Adjustment of Complaints › Section 9863.

9863. (a) If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest measures that in the director’s judgment would compensate the complainant for the damages they suffered as a result of the alleged violation. If the service dealer accepts the director’s suggestions and performs accordingly, the director shall give that fact due consideration in any subsequent disciplinary proceeding. If the service dealer declines to abide by the suggestions of the director, the director may investigate further and may institute disciplinary proceedings in accordance with the provisions of this chapter.
(b) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 92) by Stats. 2023, Ch. 508, Sec. 24. (SB 814) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 6 - Revenue › Section 9870.

9870. All fees collected pursuant to this chapter shall be paid into the State Treasury to the credit of the Household Goods and Services Fund, which fund is hereby created.
(Amended by Stats. 2023, Ch. 508, Sec. 25. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 6 - Revenue › Section 9871.

9871. The director shall report to the State Controller at the beginning of each month, for the month preceding, the amount and source of all revenue received by the bureau pursuant to this chapter, and at that time shall pay the entire amount thereof into the State Treasury for credit to the Household Goods and Services Fund.
(Amended by Stats. 2023, Ch. 508, Sec. 26. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 6 - Revenue › Section 9872.

9872. The money in the Household Goods and Services Fund necessary for the administration of the bureau and the administration of this chapter shall be used for those purposes.
(Amended by Stats. 2023, Ch. 508, Sec. 27. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 6 - Revenue › Section 9873.

9873. The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule:
(a) The initial registration fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state. The initial registration fee for a person who engages in business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred five dollars ($405).
(b) The annual registration renewal fee for an electronic repair industry service dealer or for an appliance repair industry service dealer is not more than two hundred five dollars ($205) for each place of business in this state, if renewed prior to its expiration date. The annual renewal fee for a service dealer who engages in the business as both an electronic repair industry service dealer and an appliance repair industry service dealer is not more than four hundred dollars ($400).
(c) The delinquency fee is an amount equal to 50 percent of the renewal fee for a license in effect on the date of renewal of the license, except as otherwise provided in Section 163.5.
(d) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2022, Ch. 625, Sec. 94) by Stats. 2023, Ch. 508, Sec. 29. (SB 814) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 6 - Revenue › Section 9874.

9874. All salaries, expenses, or costs incurred or sustained pursuant to this chapter shall be payable only out of the Household Goods and Services Fund.
(Amended by Stats. 2023, Ch. 508, Sec. 30. (SB 814) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20 - Electronic and Appliance Repair Dealers › ARTICLE 6 - Revenue › Section 9874.5.

9874.5. (a) All moneys in the Electronic and Appliance Repair Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Electronic and Appliance Repair 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. 31. (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 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.1 - Motor Vehicle Replacement Parts › Section 9875.

9875. As used in this chapter, the following definitions shall apply:
(a) “Insurer” includes an insurance company and any person authorized to represent the insurer with respect to a claim.
(b) “Aftermarket crash part” means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
(c) “Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part” means aftermarket crash parts not made for or by the manufacturer of the motor vehicle.
(Added by Stats. 1989, Ch. 817, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.1 - Motor Vehicle Replacement Parts › Section 9875.1.

9875.1. No insurer shall require the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured’s motor vehicle, unless the consumer is advised in a written estimate of the use of nonoriginal equipment manufacturer aftermarket crash parts before repairs are made. In all instances where nonoriginal equipment manufacturer aftermarket crash parts are intended for use by an insurer:
(a) The written estimate shall clearly identify each such part with the name of its nonoriginal equipment manufacturer or distributor.
(b) A disclosure document containing the following information in 10-point type or larger type shall be attached to the insured’s copy of the estimate: “This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of the parts, rather than by the original manufacturer of your vehicle.”
(Added by Stats. 1989, Ch. 817, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.1 - Motor Vehicle Replacement Parts › Section 9875.2.

9875.2. Any violation of this chapter shall be enforced by the penalties provided in Section 790.06 of the Insurance Code.
(Added by Stats. 1989, Ch. 817, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 1 - General Provisions › Section 9880.

9880. This chapter constitutes the chapter on automotive repair dealers. It may be cited as the Automotive Repair Act.
(Added by Stats. 1971, Ch. 1578.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 1 - General Provisions › Section 9880.2.

9880.2. The following persons are exempt from the requirement of registration:
(a) An employee of an automotive repair dealer if the employee repairs motor vehicles only as an employee.
(b) A person who solely engages in the business of repairing the motor vehicles of one or more commercial, industrial, or governmental establishments.
(c) A person who is registered pursuant to Chapter 20 (commencing with Section 9800) and whose work is limited to the installation or replacement of a motor vehicle radio, antenna, audio recorder, audio playback equipment, ignition interlock device, or burglar alarm.
(d) A person whose primary business is the wholesale supply of new or rebuilt automotive parts who solely engages in the remachining of individual automotive parts without compensation for warranty adjustments to those parts and who does not engage in repairing or diagnosing malfunctions of motor vehicles or motorcycles. “Primary business” means the business that accounts for the majority of the company’s gross sales. “Wholesale supply” means the sale, by a seller who possesses a California Resale Permit, of automotive parts to a retailer or jobber for the purpose of resale. However, a person described in this subdivision, prior to commencing work, shall do both of the following:
(1) Provide a notice containing the bureau’s toll-free telephone number to the customer that the person is not regulated by the bureau.
(2) Provide a written description of the remachining services to be performed to the customer.
(Amended by Stats. 2012, Ch. 661, Sec. 16. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 1 - General Provisions › Section 9880.3.

9880.3. Protection of the public shall be the highest priority for the Bureau of Automotive Repair in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Added by Stats. 2002, Ch. 107, Sec. 36. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 1 - General Provisions › Section 9880.4.

9880.4. The Legislature finds and declares all of the following:
(a) The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs.
(b) It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry.
(Added by Stats. 2023, Ch. 681, Sec. 3. (AB 1263) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.

9882. (a) (1) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2) (A) On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B) (i) The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii) To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii) Any employee of the automotive repair dealer who was involved in the violation resulting in the bureau’s issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent disclosure of the citation.
(3) Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) (1) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2) The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c) This section shall be effective only until July 1, 2026, and as of that date is repealed.
(Amended (as amended by Stats. 2021, Ch. 372, Sec. 1) by Stats. 2023, Ch. 681, Sec. 4. (AB 1263) Effective January 1, 2024. Repealed as of July 1, 2026, by its own provisions. See later operative version, as amended by Sec. 5 of Stats. 2023, Ch. 681.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.

9882. (a) (1) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2) The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3) Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) (1) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(2) The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c) This section shall become operative on July 1, 2026.
(Amended (as added by Stats. 2021, Ch. 372, Sec. 2) by Stats. 2023, Ch. 681, Sec. 5. (AB 1263) Effective January 1, 2024. Operative July 1, 2026, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.1.

9882.1. The director in accordance with the State Civil Service Act, Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel, as well as an assistant chief, as may be necessary to carry out the provisions of this chapter except as otherwise provided by Section 159.5. All such personnel shall perform their respective duties under the supervision and the direction of the chief.
(Added by Stats. 1971, Ch. 1578.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.2.

9882.2. The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(Amended by Stats. 2014, Ch. 255, Sec. 2. (SB 1242) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.3.

9882.3. 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 such conditions and limitations as the director may prescribe.
(Added by Stats. 1971, Ch. 1578.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.4.

9882.4. The director shall keep a complete record of all registered automotive repair dealers showing the names and addresses of all such dealers. A copy of the roster shall be made available to any person requesting it upon the payment of such sum as shall be established by the chief as sufficient to cover the costs thereof. The bureau shall send to registered automotive repair dealers, at least twice a year, a newsletter which may describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program.
(Added by Stats. 1971, Ch. 1578.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.5.

9882.5. The director shall on his or her own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of this chapter and of any regulation adopted pursuant to this chapter, by any automotive repair dealer or automotive technician, whether registered or not, and by any employee, partner, officer, or member of any automotive repair dealer. The director shall establish procedures for accepting complaints from the public against any dealer or automotive technician. The director may suggest measures that, in the director’s judgment, would compensate for any damages suffered as a result of an alleged violation. If the dealer accepts the suggestions and performs accordingly, such fact shall be given due consideration in any subsequent disciplinary proceeding.
(Amended by Stats. 1998, Ch. 879, Sec. 24. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 2 - Administration › Section 9882.6.

9882.6. (a) There is in the department an enforcement program that shall investigate violations of this chapter and the Motor Vehicle Inspection and Maintenance Program (Chapter 5 (commencing with Section 44000) of Part 5 of Division 2 of the Health and Safety Code) and any regulations adopted thereunder.
(b) (1) When purchasing undercover vehicles to be used for evidentiary purposes as part of the investigation, the department may purchase motor vehicles of various makes, models, and condition. These acquisitions shall be exempt from the following requirements:
(A) Chapter 5.5 (commencing with Section 8350) of Division 1 of Title 2 of the Government Code.
(B) Section 12990 of the Government Code and any applicable regulations promulgated thereunder.
(C) Subdivision (a) of Section 13332.09 of the Government Code.
(D) Section 14841 of the Government Code and subdivision (d) of Section 999.5 of the Military and Veterans Code.
(E) Sections 2010, 10286.1, 10295.1, 10295.3, 10295.35, 10296, and 12205 and Article 13 (commencing with Section 10475) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code.
(F) Section 42480 of the Public Resources Code.
(2) After purchase, the department may prepare the vehicle for use in an investigation by disabling, modifying, or otherwise changing the vehicle’s emission control system components or any other part or parts of the vehicle. To complete the investigation, the department may purchase or attempt to purchase repairs, services, or parts from those entities licensed or registered by the department. The funds for the preparation and purchases shall not be subject to the monetary limit specified in Section 16404 of the Government Code, but the department shall comply with all other provisions of that section. The department shall implement the safeguards necessary to ensure the proper use and disbursement of funds utilized pursuant to this section. These expenses may be paid out of the Consumer Affairs Fund established pursuant to Section 204.
(3) Vehicles acquired pursuant to this subdivision shall be exempt from requirements established pursuant to Chapter 8.3 (commencing with Section 25722) of Division 15 of the Public Resources Code.
(4) The department shall maintain an inventory of these vehicles and provide semiannual fleet reports to the Department of General Services, including, but not limited to, the vehicle’s identification number, equipment number, and acquisition and disposal information.
(5) Records associated with these vehicles are exempt from disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 26. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)