reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 11.3 - Administrative Citations and Fines for Automotive Repair Act Violations by Registrants › Section 3394.53 - Contested Citations; Informal Citation Review Conferences; and Hearings for Automotive Repair Dealers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A cited person may contest the citation
				  by requesting an informal citation review conference or administrative hearing,
				  and obtain a decision on their appeal according to the procedures set forth in
				  subdivisions (b)-(g).
(b) The
				  person cited may, within 30 days after service of the citation, contest the
				  citation by submitting a written request for an informal citation review
				  conference to the Bureau chief or their designee.
(c) Upon receipt of a written request for an
				  informal citation review conference, the panel specified in Section
				  3394.54, shall within 90 days of
				  receipt of the request, hold an informal citation review conference with the
				  cited person unless the panel cannot be established by the Bureau chief as
				  specified in section
				  3394.54. If a panel cannot be
				  established, the informal conference shall be held by the Bureau chief or their
				  designee as specified in section
				  3394.54. The cited person may be
				  accompanied and represented by legal counsel and/or an authorized
				  representative. The conference shall be limited in scope to the time period,
				  facts, and allegations specified in the citation served by the
				  Bureau.
(d) If the informal
				  citation review conference is conducted by a panel, the panel shall make a
				  recommendation to the Bureau chief or their designee by majority vote whether
				  to affirm, modify, or dismiss the citation, including any fine to be levied,
				  order of abatement, or order of correction issued. The Bureau chief or their
				  designee shall consider the recommendation of the panel in making their
				  decision as set forth in subdivision (f).
(e) After an informal citation review
				  conference is held, the Bureau chief or their designee may affirm, modify, or
				  dismiss the citation, including any fine levied, order of abatement, or order
				  of correction issued.
(1) If affirmed or
				  dismissed, the Bureau chief or their designee shall state in writing the
				  reasons for the findings and transmit within ten (10) days a copy of the
				  decision to the cited person and the person's counsel and/or authorized
				  representative, if any.
(2) If
				  modified, the citation originally issued shall be considered withdrawn and a
				  new citation issued. The new citation, including reasons for the decision,
				  shall be mailed within ten (10) days to the cited person and the person's
				  counsel and/or authorized representative, if any.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 11.3 - Administrative Citations and Fines for Automotive Repair Act Violations by Registrants › Section 3394.55 - Nondisclosure of Citation for Automotive Repair Dealers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau shall offer to an automotive
				  repair dealer that is eligible for remedial training to prevent the Bureau's
				  public disclosure on the Internet of a citation as required by Section
				  27 of the Code, if the
				  requirements in subdivision (b) are met. This offer of remedial training shall
				  be included with the citation notice and shall describe the eligibility
				  criteria and process for completing the training as specified in this
				  section.
(b) For an automotive
				  repair dealer to be eligible for the remedial training set forth in subdivision
				  (a), the following shall apply:
(1) The
				  citation shall not be for a violation of Section
				  9884.7(a)(1),
				  with respect to the issuance of certificates of compliance under Section
				  9888.6(a),
				  Section 9884.7(a)(4), or
				  Section 9884.7(a)(5) of
				  the Code.
(2) The automotive repair
				  dealer meets the requirements for remedial training pursuant to Section
				  9882(a)(2)(B)(ii)
				  and the cited person is within the categories of eligible persons set forth in
				  Section 9884.7(d)(1). The
				  registrant or other persons who directly or indirectly controls or conducts the
				  business as provided in Section
				  9884 of the Code and section
				  3351 shall attend and successfully
				  complete the remedial training.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial, suspension,
				  or revocation of a license or a registration under Section
				  480
				  or
				  490
				  of the Business and Professions Code on the ground that the applicant,
				  licensee, or registrant has been convicted of a crime, the Bureau shall find
				  that the applicant, licensee, or registrant made a showing of rehabilitation if
				  the applicant, licensee, or registrant completed the criminal sentence at issue
				  without a violation of parole or probation.
(b) If the applicant has not completed the
				  criminal sentence at issue without a violation of parole or probation, the
				  denial is based on professional misconduct, the suspension or revocation is
				  based on a disciplinary action as described in Section
				  141 of the Code, or the denial,
				  suspension, or revocation is based on one or more grounds specified in Sections
				  9884.7,
				  9884.22,
				  9889.2,
				  9889.3,
				  or
				  9889.4
				  of the Business and Professions Code, the Bureau shall apply the following
				  criteria in evaluating an applicant's, licensee's, or registrant's
				  rehabilitation:
(1) The nature and gravity of
				  the act(s), professional misconduct, or crime(s) under consideration as grounds
				  for denial, suspension, or revocation;
(2) Evidence of any act(s), professional
				  misconduct, or crime(s) committed subsequent to the act(s), professional
				  misconduct, or crime(s) under consideration as grounds for denial, suspension,
				  or revocation;
(3) The time that
				  has elapsed since commission of the act(s), professional misconduct, or
				  crime(s) referred to in subdivision (1) or (2);
(4) Whether the applicant, licensee, or
				  registrant has complied with any terms of parole, probation, restitution, or
				  any other sanctions lawfully imposed against the applicant, licensee, or
				  registrant; and
(5) Evidence, if
				  any, of rehabilitation submitted by the applicant, licensee, or
				  registrant.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395.1 - Conditions to Insure Future Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person whose registration has previously been refused
					 validation or who has committed acts prohibited by Section
					 9884.7 of the Act shall, as a
					 condition to any subsequent consideration of an application for validation of
					 his registration, submit evidence which is deemed to be sufficient to establish
					 his rehabilitation. The evidence of rehabilitation shall be submitted in
					 addition to any other information which may be required by the
					 bureau.
1.
					 Renumbering and amendment of former Section
					 3352 to Section
					 3395.1 filed 2-22-83; effective
					 thirtieth day thereafter (Register 83, No. 9).
Note: Authority cited: Sections
						482,
						9882
						and
						9884.2,
						Business and Professions Code. Reference: Sections
						482,
						486
						and
						9884.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395.2 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of denial, suspension, or
				  revocation of a license or registration pursuant to Section
				  141, Division 1.5 (commencing with
				  Section 475), subdivision (b) of Section
				  9884.22, subdivision (f) of
				  Section 9889.2, or subdivisions (a) and
				  (b) of Section
				  9889.3
				  of the Business and Professions Code, a crime, professional misconduct, or act
				  shall be considered to be substantially related to the qualifications,
				  functions, or duties of a licensee or registrant if, to a substantial degree,
				  it evidences present or potential unfitness of a licensee or registrant to
				  perform the functions authorized by the license or registration in a manner
				  consistent with the public health, safety, or welfare. Such crimes or acts
				  shall include, but not be limited to, any violation of the provisions of
				  Article 3 of Chapter 20.3 of Division 3 of the Business and Professions
				  Code.
(b) In making the substantial
				  relationship determination required under subdivision (a) for a crime, the
				  Bureau shall consider all of the following criteria:
(1) The nature and gravity of the
				  offense.
(2) The number of years
				  elapsed since the date of the offense.
(3) The nature and duties of a licensee or
				  registrant.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395.3 - Manufacture, Sale, or Installation of Defective Vehicle Parts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any violation of Section
					 12000 through
					 12002 of the
					 Vehicle Code shall be cause for disciplinary action against the registration of
					 an automotive repair dealer.
1.
					 Renumbering and amendment of former Section
					 3374.1 to Section
					 3395.3 filed 2-22-83; effective
					 thirtieth day thereafter (Register 83, No. 9).
Note: Authority cited: Sections
						9882
						and
						9884.19,
						Business and Professions Code. Reference: Section
						9884.7,
						Business and Professions Code; and Sections
						12000-
						12002,
						Vehicle Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395.4 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
					 Administrative Procedure Act (Government Code section
					 11400 et
					 seq.), including formal hearings conducted by the Office of Administrative
					 Hearings, the Bureau of Automotive Repair shall consider the disciplinary
					 guidelines entitled "Guidelines for Disciplinary Orders and Terms of Probation"
					 [Rev. June 2021] which are hereby incorporated by reference. The "Guidelines
					 for Disciplinary Orders and Terms of Probation" are advisory. Deviation from
					 these guidelines and orders, including the standard terms of probation, is
					 appropriate where the Bureau of Automotive Repair in its sole discretion
					 determines that the facts of the particular case warrant such
					 deviation.
1. New
					 section filed 7-7-97; operative 7-7-97 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
2. Amendment of section and NOTE
					 filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2016, No. 31).
3. Editorial correction of NOTE (Register
					 2019, No. 49).
4. Amendment of "Guidelines for Disciplinary Orders
					 and Terms of Probation" (incorporated by reference) and amendment of section
					 filed 2-24-2022; operative 4-1-2022 (Register 2022, No.
					 8).
Note: Authority cited: Sections
						480,
						9882,
						9884.2,
						9884.7,
						9884.12,
						9889.1,
						9889.2,
						9889.3
						and
						9889.4,
						Business and Professions Code; Section
						11400.20,
						Government Code; and Section
						44072.1,
						Health and Safety Code. Reference: Sections
						480,
						9884.2,
						9884.7,
						9884.12,
						9889.1,
						9889.2,
						9889.3
						and
						9889.4,
						Business and Professions Code; Sections
						11400.20
						and
						11425.50(e),
						Government Code; and Section
						44072.1,
						Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395.5 - Probationary Registration or License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Should the director deny an application
				  for a standard registration or license pursuant to Sections
				  480,
				  9884.7,
				  and
				  9889.1
				  through
				  9889.4
				  of the Business and Professions Code and 44072.1 of the Health and Safety Code,
				  the director may offer the applicant a probationary registration or license
				  subject to terms and conditions deemed appropriate by the director, pursuant to
				  Section
				  9884.21
				  of the Business and Professions Code, by doing the following:
(1) Notify the applicant that the application
				  for a standard registration or license is denied. Notification will be made,
				  and the opportunity for hearing provided for, as required under Section
				  485
				  of the Business and Professions Code and the Administrative Procedure
				  Act.
(2) Offer the applicant a
				  probationary registration or license subject to terms and
				  conditions.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12 - Miscellaneous › Section 3395.6 - Bureau-Approved Educational Certifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An educational certification shall be deemed a
					 "bureau-approved educational certification" for the purposes of Section
					 9884(b)(4) of the
					 Code and section
					 3351 when the certification is
					 issued by a private postsecondary educational institution as defined in
					 Education Code Section
					 94858 that
					 is either approved by or has been issued a verification of exemption pursuant
					 to the California Private Postsecondary Education Act of 2009 from the Bureau
					 for Private Postsecondary Education (BPPE) after successful completion of
					 training that includes any of the following subjects:
(a) The diagnosis and repair of a motor
				  vehicle;
(b) The Automotive Repair
				  Act and the regulations of this Division; or,
(c) Customer service related to automotive
				  repair.
1. New
					 section filed 5-1-2023; operative 7-1-2023 (Register 2023, No.
					 18).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						9884
						and
						9884.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12.5 - Remedial Training for Automotive Repair Dealers and Course Provider Certification Program › Section 3395.7 - Remedial Training Course Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Remedial training courses shall be
				  administered by a certified provider in a classroom or online setting,
				  including but not limited to, pre-recorded or live audio or video
				  teleconferences, webinars, seminars, podcasts, broadcasts, or lectures via the
				  internet. The training shall include instruction on automotive repair dealer
				  compliance with the laws and regulations relating to all of the following
				  areas:
(1) Estimate Requirements (section
				  3353);
(2) Customer Authorization (sections
				  3353.1,
				  3353.2, and
				  3354);
(3) Invoice Requirements (section
				  3356);
(4) Accepted Trade Standards (Article
				  8);
(5) Sublet Repair (section
				  3353(d));
(6) Return of Parts (section
				  3355);
(7) Advertising Requirements (section
				  3372.1);
(8) Guarantees and Warranties (sections
				  3375,
				  3376, and
				  3377); and
(9) Maintenance of Records (section
				  3358);
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12.5 - Remedial Training for Automotive Repair Dealers and Course Provider Certification Program › Section 3395.8 - Application and Petition Requirements for Remedial Training Providers for Automotive Repair Dealers; Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person ("applicant") seeking Bureau
				  certification to provide remedial training as authorized by section
				  9884.7(d) of the
				  Code shall submit a completed application which includes all of the following:
(1) The following applicant identifying
				  information:
(A) Full legal name;
(B) Applicant's active State Bar of
				  California license number and expiration date;
(C) Social Security number;
(D) Physical address;
(E) Mailing address;
(F) Telephone number; and
(G) Email address, if
				  any.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12.5 - Remedial Training for Automotive Repair Dealers and Course Provider Certification Program › Section 3395.9 - General Requirements for Remedial Training Providers for Automotive Repair Dealers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When registering students for a remedial training course, a certified provider
				  shall obtain the following:
(1) Student
				  name;
(2) Automotive repair dealer
				  registration number; and,
(3)
				  Bureau-issued citation number, if any.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33 - Bureau of Automotive Repair › Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters › Article 12.5 - Remedial Training for Automotive Repair Dealers and Course Provider Certification Program › Section 3395.10 - Grounds for Denial or Revocation of Certification for Providers of Remedial Training for Automotive Repair Dealers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application for certification as a
				  certified provider of remedial training ("certified provider") pursuant to
				  section 3395.8 or a request to renew a
				  certification may be denied or a certificate revoked for any of the following
				  reasons:
(1) For denial of an application to
				  be certified as a provider, any grounds for denial authorized by Section
				  480 of the Code;
(2) For revocation of a certified provider's
				  certification, any grounds for discipline set forth in Section
				  490 of the Code, any substantially
				  related act resulting in disciplinary action against any registration or
				  license issued to a certified provider by the Bureau or any program in the
				  Department, or the State Bar of California or any other substantially related
				  act resulting in disciplinary action against any registration or license issued
				  to a certified provider by any other governmental entity as authorized by
				  Section 141 of the Code;
(3) Noncompliance with any provision in
				  section 3395.8 or
				  3395.9;
(4) Failure to accurately document student
				  attendance for all training hours;
(5) Providing any false, or misleading
				  information to students, the Department, or Bureau; or,
(6) Any conduct that constitutes fraud as
				  defined in subdivisions (e)(1)-(5) of Section
				  9884.7 of the
				  Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 1 › Section 3397 - Scope of Regulations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
				  Subchapter 3 (Articles 1-3, Sections
				  3397-3397.43, not consecutive)
				  filed 12-14-83; effective upon filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 83, No. 51).
2. Repealer filed 8-24-88; operative 9-23-88
				  (Register 88, No. 37).
Note: Authority cited: Sections
					 9889.31(a)
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.30
					 and
					 9889.32,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.1 - General Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				manufacturer shall fund and staff the arbitration program at a level sufficient
				to ensure fair and expeditious resolution of all disputes.
(b) The manufacturer shall take all steps
				necessary to ensure that the arbitration program, and its arbitrators and
				staff, are sufficiently insulated from the manufacturer and the sponsor (if
				other than the manufacturer), so that the decisions of the arbitrators and the
				performance of the staff are not influenced by either the manufacturer or the
				sponsor.
(c) The manufacturer shall
				comply with any reasonable requirements imposed by the arbitration program to
				fairly and expeditiously resolve warranty disputes, and shall perform all
				obligations to which it has agreed concerning the handling and resolution of
				disputes.
(d) The manufacturer
				shall comply with the provisions of both this part and Article 3 of this
				subchapter insofar as they impose obligations on the manufacturer.
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3). For prior history, see
				  Register 88, No. 37.
2. Change without regulatory effect amending
				  NOTE filed 8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
Note: Authority cited: Sections
					 472.1(b) and
					 (c) and
					 472.4(f),
					 Business and Professions Code. Reference:
					 16 CFR Sections
					 703.2(f)(3) and (h),
					 16 CFR
					 703.3(a) and (b); Section
					 1793.22(d)(1),
					 Civil Code; and Sections
					 472.1(b)
					 and
					 472.4(f),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.2 - Disclosures by Manufacturer to Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The manufacturer shall include together,
				either in its written warranty or in a separate section of materials
				accompanying each vehicle sold or leased in California, in clear and readily
				understood language, the following information about the manufacturer's
				arbitration program and how to use it:
(1)
				Either
(A) a form addressed to the
				arbitration program containing spaces requesting the information which the
				program may require for prompt resolution of warranty disputes, or
(B) a telephone number of the arbitration
				program which consumers may use without charge.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.3 - Resolution of Disputes Directly by Manufacturer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The manufacturer shall take steps
				reasonably calculated to make consumers aware of the arbitration program's
				existence at the time consumers experience warranty disputes.
(b) Nothing contained in this subchapter
				shall limit the manufacturer's option to encourage consumers to seek redress
				directly from the manufacturer as long as the manufacturer does not expressly
				require consumers to seek redress directly from the manufacturer. The
				manufacturer shall proceed fairly and expeditiously to attempt to resolve all
				disputes submitted directly to the manufacturer.
(c) Whenever a dispute is submitted directly
				to the manufacturer, the manufacturer shall, within a reasonable time, decide
				whether and to what extent it will attempt to satisfy the consumer, and shall
				inform the consumer of its decision. In its notification to the consumer of its
				decision, the manufacturer shall include the information specified in
				subdivision (a) of Section
				3397.2.
(d) Disputes settled after the arbitration
				program has received notification of the dispute shall be subject to Sections
				3398.9(b) and
				3398.12(b).
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending NOTE filed 8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
Note: Authority cited: Sections
					 472.1(b)
					 and
					 472.4(f),
					 Business and Professions Code. Reference:
					 16 CFR Sections
					 703.2(d) and (e),
					 703.5(d)(4),
					 703.5(h); and
					 Section 1793.22(d)(1),
					 Civil Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.4 - Manufacturer's Duty to Aid in Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The manufacturer shall respond fully and
				promptly to reasonable requests by the arbitration program for information
				relating to disputes.
(b) The
				manufacturer shall fully and promptly respond to reasonable requests by the
				arbitration program for any pertinent documents in its possession or under its
				control, such as:
(1) technical service
				bulletins;
(2) recall or parts
				replacement notices;
(3) U.S.
				Department of Transportation publications;
(4) repair records for a particular vehicle;
				and
(5) any other documents which
				it is reasonable that the manufacturer should provide.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.5 - Manufacturer's Duties Following Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The decision shall be binding on the
				manufacturer if the consumer elects to accept the decision.
(b) The manufacturer shall perform any
				decision of an arbitration program within the time prescribed by the decision,
				which shall be a reasonable time not to exceed 30 days after the manufacturer
				is notified that the consumer has accepted the decision. Delays caused by
				reasons beyond the control of the manufacturer or its representatives,
				including any delay directly attributable to any act or omission of the
				consumer, shall extend the period for performance, but only while the reason
				for the delay continues.
(c) When
				the decision of the arbitration program provides that the nonconforming motor
				vehicle be replaced or that restitution be made to the consumer, and the
				decision is subject to Civil Code Section
				1793.2(d),
				the manufacturer shall either replace the vehicle if the consumer consents to
				this remedy or make restitution, and shall do so in accordance with Civil Code
				Section
				1793.2(d)(2)(A),
				(B) and (C).
(d) The manufacturer
				shall not attempt to negotiate a settlement with the consumer between the time
				a decision of an arbitration program is disclosed to the manufacturer and the
				time the decision is disclosed to the consumer.
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending NOTE filed 8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
Note: Authority cited: Sections
					 472.1(b)
					 and
					 472.4(f),
					 Business and Professions Code. Reference: Section
					 1793.2(d)
					 and
					 1793.22(b),
					 Civil Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.20 - Education and Experience Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31(a)
					 and
					 9889.32(a),
					 Business and Professions Code. Reference: Section
					 9889.32(a),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.30 - Mechanic Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of printing error (Register 84, No. 32).
2. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31(a)
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.30,
					 9889.32(a),
					 9889.33(a)(2)
					 and (3),
					 9889.36
					 and
					 9889.46(2),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.31 - Financial Responsibility. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31(a)
					 and
					 9889.32,
					 Business and Professions Code. Reference: Sections
					 9889.32(b)
					 and
					 9889.36,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.32 - Warranties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31,
					 9889.32
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.32(c)
					 and
					 9889.33(a)(1),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.33 - Customer Satisfaction. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 8-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31(a),
					 9889.32
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.32(d),
					 9889.33(b)
					 and (c),
					 9889.38,
					 9889.39
					 and
					 9889.40,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.34 - Repair Equipment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction of printing error (Register 84, No. 32).
2. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31(a),
					 9889.32
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.31(a),
					 9889.32(e)
					 and
					 9839.33(a),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.35 - Sublet Repairs. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31,
					 9889.33
					 and
					 9884.9,
					 Business and Professions Code. Reference: Sections
					 9889.33(a)(3),
					 (4) and
					 9889.36,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.36 - Other Standards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31,
					 9889.32
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.31
					 and
					 9889.46,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.37 - Advertising. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Sections
					 9889.31,
					 9889.32
					 and
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.33(c)
					 and
					 9889.46,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.40 - Application Form and Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Section
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.33(a)
					 and
					 9889.44,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.41 - Notice to Employees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Section
					 9889.33,
					 Business and Professions Code. Reference: Section
					 9889.33(a),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.42 - Onsite Inspection. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Section
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.33(a),
					 (c), (e),
					 9889.39
					 and
					 9889.40,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 2 - Minimum Standards for Manufacturers › Section 3397.43 - Certification and Recertification Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-24-88; operative 9-23-88 (Register 88, No.
				  37).
Note: Authority cited: Section
					 9889.33,
					 Business and Professions Code. Reference: Sections
					 9889.31(b),
					 9889.33(a),
					 (b), (c),
					 9889.35,
					 9889.39
					 and
					 9889.44,
					 Business and Professions Code; and Government Code
					 15376.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 3 - Minimum Standards for Arbitration Programs › Section 3398.1 - Organization of Arbitration Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The arbitration program shall be funded
				and competently staffed at a level sufficient to ensure fair and expeditious
				resolution of all disputes.
(b) The
				arbitration program shall not charge consumers any fee for use of the
				program.
(c) The manufacturer, and
				the sponsor of the arbitration program (if other than the manufacturer), shall
				take all steps necessary to ensure that the arbitration program, and its
				arbitrators and staff, are sufficiently insulated from the manufacturer and the
				sponsor, so that the decision of the arbitrators and the performance of the
				staff are not influenced by either the manufacturer or the sponsor.
(d) Steps necessary to insulate the
				arbitration program from influence by the manufacturer or sponsor shall
				include, at a minimum:
(1) committing funds in
				advance,
(2) basing personnel
				decisions solely on merit, and
(3)
				not assigning conflicting manufacturer or sponsor duties to program staff
				persons.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 3 - Minimum Standards for Arbitration Programs › Section 3398.3 - Written Operating Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The arbitration program shall establish
				written operating procedures which shall include all of the arbitration
				program's policies and procedures that implement the standards set forth in
				this subchapter. The written procedures shall be updated at reasonable
				intervals to reflect the procedures in effect.
(b) The arbitration program shall provide one
				copy of the written operating procedures without charge to a consumer who (1)
				has notified the program of a dispute and (2) either has requested more
				information about the arbitration program or has requested a copy of the
				program's written operating procedures, and also to each of the program's
				arbitrators.
(c) The arbitration
				program shall provide one copy of the written operating procedures for a
				reasonable charge to any other person upon request.
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending NOTE filed 8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
Note: Authority cited: Sections
					 472.1(b)
					 and
					 472.4(f),
					 Business and Professions Code. Reference:
					 16 CFR Section
					 703.5(a); and Section
					 1793.22(d)(1),
					 Civil Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 3 - Minimum Standards for Arbitration Programs › Section 3398.4 - Duties on Receipt of Dispute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon notification of a dispute, including
				a dispute over which the program believes it does not have jurisdiction, the
				arbitration program shall immediately notify both the manufacturer and the
				consumer of its receipt of the dispute.
(b) Notification shall be deemed to have
				occurred when the arbitration program has received notice of the consumer's
				name and address, the brand name and vehicle identification number of the
				vehicle (if requested by the program), and a statement of the nature of the
				problem or other complaint.
(c) At
				the time the arbitration program notifies the consumer of its receipt of the
				dispute, the program shall provide the consumer with the following information
				in clear and readily understood language:
(1)
				The information specified in Section
				3397.2(a) on how
				to use the arbitration program.
(2)
				A statement of any other steps that the consumer must take, including the
				submission of additional information or materials, to enable the arbitration
				program to investigate and decide the dispute.
(3) A statement of the kinds of additional
				information and materials, such as copies of repair invoices, reports of
				inspection, technical service bulletins and other relevant information and
				documents, that the arbitration program will consider in investigating and
				deciding the dispute, and of the consumer's right to provide additional
				information or materials.
(4) A
				statement of the consumer's right to obtain a copy of the arbitration program's
				written operating procedures upon request and without charge.
(5) A description of the steps the
				arbitration program will take and the time periods within which those steps
				normally are taken.
(6) Any limits
				on the scope of the decision, if authorized by Section
				3398.10(d).
(7) A toll-free telephone number to obtain
				information on the status of the dispute.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 3 - Minimum Standards for Arbitration Programs › Section 3398.5 - Investigation of Facts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				arbitration program shall investigate, gather and organize all information
				necessary for a fair and expeditious decision in each dispute.
(b) The arbitration program shall not require
				from any party any information not reasonably necessary to decide the
				dispute.
(c) When the consumer's
				complaint, or the manufacturer's response, or any evidence gathered by or
				submitted to the arbitration program, raises any of the following issues, the
				program shall investigate those issues:
(1)
				Whether the program has jurisdiction to decide the dispute.
(2) Whether there is a nonconformity (Section
				3396.1(1)).
(3) Whether the nonconformity is a
				substantial nonconformity (Section
				3396.1(m)).
(4) The cause or causes of a
				nonconformity.
(5) Whether the
				causes of a nonconformity include unreasonable use of the vehicle.
(6) The number of repair attempts.
(7) The time out of service for
				repair.
(8) Whether the
				manufacturer has had a reasonable opportunity to repair the vehicle.
(9) Factors that may affect the
				reasonableness of the number of repair attempts.
(10) Other factors that may affect the
				consumer's right to a replacement of the vehicle or restitution under Civil
				Code Section
				1793.2(d)(2).
(11) Facts that may give rise to a
				presumption under Civil Code Section
				1793.2(d)(2).
(12) Factors that may rebut any presumption
				under Civil Code Section
				1793.22(b).
(13) Whether a further repair attempt is
				likely to remedy the nonconformity.
(14) The existence and amount of any
				incidental damages, including but not limited to sales taxes, license fees,
				registration fees, other official fees, prepayment penalties, early termination
				charges, earned finance charges, and repair, towing and rental costs, actually
				paid, incurred or to be incurred by the consumer.
(15) Factors that may affect the
				manufacturer's right to an offset for mileage under Civil Code Section
				1793.2(d).
(16) Facts for determining the amount of any
				offset for mileage under Civil Code Section
				1793.2(d)
				if an offset is appropriate.
(17)
				Factors that may affect any other remedy under the applicable law.
(18) Any other issue that is relevant to the
				particular dispute.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 33.1 - Arbitration Certification Program › Article 3 - Minimum Standards for Arbitration Programs › Section 3398.6 - Resolution of Contradictory Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When information which will or may be
				used in the decision, submitted by one party or by a consultant, independent
				automobile expert or any other source, tends to contradict facts submitted by
				the other party, the arbitration program shall clearly, accurately, and
				completely disclose to both parties the contradictory information (and its
				source), and shall provide to both parties an opportunity to explain or rebut
				the information and to submit additional information or materials.
(b) If it appears to the arbitrator at a
				meeting held to decide a dispute that one party to the dispute or a consultant,
				independent automobile expert or any other person has submitted information
				that contradicts facts submitted by the other party (whether submitted prior to
				the meeting or at the meeting), and that this fact has not been disclosed to
				that other party, the arbitrator may (and at the request of the other party
				shall) defer any decision until the arbitration program has complied with
				subdivision (a) of this section and both parties have had a reasonable
				opportunity to explain or rebut the information and to submit additional
				information or materials.
(c) The
				arbitration program shall develop and implement fair procedures by which any
				party may correct an error in the proceeding, provided that the other party has
				a reasonable opportunity to comment on the correction.
(d) The time limit for deciding disputes
				(Section 3398.9(a)) shall
				not be extended during any exchange, rebuttal or explanation of contradictory
				information under subdivision (a) of this section, but the Arbitration
				Certification Program may take into account circumstances leading to reasonable
				delays.
1. New section
				  filed 1-3-90; operative 2-2-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending NOTE filed 8-31-94 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 94, No. 35).
3. Change without regulatory
				  effect amending subsection (d) filed 1-25-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 5).
Note: Authority cited: Sections
					 472.1(b)
					 and
					 472.4(f),
					 Business and Professions Code. Reference:
					 16 CFR Sections
					 703.3(b),
					 703.5(c); and
					 Section 1793.22(d)(1) and
					 (8), Civil
					 Code.