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 10 - Star Program › Section 3392.2 - Eligibility Standards for Star Station Certification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Smog Check test-and-repair or test-only
				  station seeking STAR certification shall submit to the Bureau a completed STAR
				  Station Certification Application on a form prescribed by the Bureau that
				  includes all of the following:
(1) The
				  station and ownership types.
(2)
				  The station name, street address, phone number, email address, and license
				  number.
(3) A statement as to
				  whether any partner, corporate officer, trustee, member, responsible managing
				  employee, inspector or technician has ever been convicted of a crime related to
				  the Smog Check program or Automotive Repair Act.
(4) A statement as to whether any partner,
				  corporate officer, trustee, member, responsible managing employee, inspector or
				  technician has ever had any license denied, suspended, revoked, or placed on
				  probation by the Bureau.
(5) A
				  statement as to whether any partner, corporate officer, trustee, member,
				  responsible managing employee, inspector or technician has ever been found
				  liable in a civil proceeding for any act or omission related to the license of
				  an Automotive Repair Dealer, Smog Check station, or Smog Check inspector or
				  technician.
(6) A statement as to
				  whether any partner, corporate officer, trustee, member, responsible managing
				  employee, inspector or technician has ever been issued a Smog Check citation by
				  the Bureau that became effective within the last year.
(7) A certification that if, at any time
				  after becoming certified under the STAR program, the FPR score for any
				  inspector or technician employed by the station drops below the minimum
				  acceptable standard of 0.10, then that inspector or technician will be removed
				  from all of the station's EIS Inspector Information Tables and not allowed to
				  perform Smog Check inspections or repairs at the STAR-certified station until
				  the technician meets the STAR program requirements.
(8) Name(s), title(s), and signature(s) of
				  any sole proprietor, partners, corporate officers or members.
(9) Date that the form was
				  signed.
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 10 - Star Program › Section 3392.2.1 - Required Services of Star Stations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-1-2011; operative 11-1-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 44).
2. Renumbering of former section
					 3392.2.1 to section
					 3392.1 filed 5-5-2022; operative
					 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Sections
						44001.5,
						44002,
						44010.5,
						44014.2
						and
						44095,
						Health and Safety Code; and Section
						9882,
						Business and Professions Code. Reference: Sections
						44010.5,
						44014,
						44014.2
						and
						44092,
						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 10 - Star Program › Section 3392.3.1 - Eligibility/Performance Standards for Star Certification. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-1-2011; operative 11-1-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 44).
2. Renumbering of former section
					 3392.3.1 to section
					 3392.2 filed 5-5-2022; operative
					 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Sections
						44001.5
						and
						44014.2,
						Health and Safety Code; and Section
						9882,
						Business and Professions Code. Reference: Section
						44014.2,
						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 10 - Star Program › Section 3392.4 - Star Program Hearing and Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A STAR-certified station may contest
				  suspension by submitting a written request for an informal hearing via email or
				  U.S. mail within five (5) days from the date the station received the
				  suspension notice.
(b) If the
				  Bureau receives a timely written request for an informal hearing:
(1) the Bureau shall stay the suspension,
				  pending the outcome of that hearing;
(2) the Bureau shall notify the
				  STAR-certified station of the time and place of the hearing; and
(3) the Bureau will hold an informal hearing
				  on the contested suspension as follows:
(A)
				  not later than ten (10) days after the date on which the Bureau received a
				  timely request for the informal hearing;
(B) limited in scope to the time period,
				  facts, and allegations specified in the notice prepared by the Bureau;
				  and
(C) conducted by the chief of
				  the Bureau or the chief's designee.
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 10 - Star Program › Section 3392.5 - Consequences of Star Program Suspension or Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The STAR-certified station may withdraw
				  from the STAR program by providing written notice to the Bureau. Withdrawal
				  from the STAR program shall not deprive the Bureau of its authority to continue
				  a proceeding to suspend a station from the STAR program.
(b) If a station's STAR certification is
				  suspended or if the station withdraws from the STAR program, the station shall
				  not perform services pursuant to Section
				  3392.1(a) or
				  (b)(1), or advertise as having STAR
				  certification or as being in compliance with the standards established by the
				  STAR program, until either the station's term of suspension ends or the station
				  is recertified following withdrawal.
1. New
					 section filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17).
					 A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 4-23-97 order, including
					 amendment of subsections (d), new subsections (e) and (f) and amendment of
					 NOTE, transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No.
					 40).
3. Amendment of section heading, repealer and new section and
					 amendment of NOTE filed 4-28-2003; operative 5-28-2003 (Register 2003, No.
					 18).
4. Amendment of subsection (a) and new subsection (b) filed
					 11-1-2011; operative 11-1-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 44).
5. Repealer and new section
					 3392.5 filed 5-5-2022; operative
					 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.)
Note: Authority cited: Sections
						44001.5
						and
						44014.5,
						Health and Safety Code. Reference: Sections
						44014.4,
						44014.5
						and
						44014.6,
						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 10 - Star Program › Section 3392.5.1 - Causes for Invalidation of Star Station Certification. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-1-2011; operative 11-1-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 44).
2. Renumbering of former section
					 3392.5.1 to section
					 3392.3 filed 5-5-2022; operative
					 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Sections
						44001.5
						and
						44014.2,
						Health and Safety Code; and Section
						9882,
						Business and Professions Code. Reference: Sections
						44014.2
						and
						44037.1,
						Health and Safety Code; and Sections
						480
						and
						490,
						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 10 - Star Program › Section 3392.6 - Gold Shield Program Hearing and Determination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section, including form GSR-1, filed 4-23-97 as an emergency; operative 4-23-97
					 (Register 97, No. 17). A Certificate of Compliance must be transmitted to OAL
					 by 8-21-97 or emergency language will be repealed by operation of law on the
					 following day.
2. Certificate of Compliance as to 4-23-97 order,
					 including amendment of form GSR-1 and removal of form from printed version of
					 California Code of Regulations, transmitted to OAL 8-19-97 and filed 9-30-97
					 (Register 97, No. 40).
3. Amendment of section heading, section and
					 NOTE filed 4-28-2003; operative 5-28-2003 (Register 2003, No.
					 18).
4. Amendment of introductory paragraph filed 11-1-2011;
					 operative 11-1-2011 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 44).
5. Repealer filed 5-5-2022; operative
					 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.)
Note: Authority cited: Sections
						44001.5
						and
						44014.2,
						Health and Safety Code. Reference: Section
						44014.2,
						Health and Safety Code; and Section
						124,
						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 10 - Star Program › Section 3392.6.1 - Star Program Hearing and Determination. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 11-1-2011; operative 11-1-2011 pursuant to Government Code
					 section
					 11343.4
					 (Register 2011, No. 44).
2. Renumbering of former section
					 3392.6.1 to section
					 3392.4 filed 5-5-2022; operative
					 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code
					 section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20.)
Note: Authority cited: Sections
						44001.5
						and
						44014.2,
						Health and Safety Code. Reference: Section
						44014.2,
						Health and Safety Code; and Section
						124,
						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 10 - Star Program › Section 3392.7

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
					 Register
					 2022, No. 41, effective
					 9/29/2022 is not yet
					 available.
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 10 - Star Program › Section 3392.8

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
					 Register
					 2022, No. 41, effective
					 9/29/2022 is not yet
					 available.
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 10 - Star Program › Section 3392.9

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
					 Register
					 2022, No. 41, effective
					 9/29/2022 is not yet
					 available.
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 10 - Star Program › Section 3392.10

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
					 Register
					 2022, No. 41, effective
					 9/29/2022 is not yet
					 available.
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 - Consumer Assistance Program and Enhanced Fleet Modernization Program › Section 3394.2 - Consumer Assistance Program Administration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Consumer Assistance Program shall be administered by
					 the Bureau of Automotive Repair through agreements with licensed smog check
					 test-and-repair stations holding valid STAR certification, and contracts with
					 dismantlers or other entities as necessary.
1. New
					 section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49).
					 A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 3-30-99 as an emergency; operative
					 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted
					 to OAL by 8-2-99 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 7-26-99 as an emergency;
					 operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be
					 transmitted to OAL by 11-30-99 or emergency language will be repealed by
					 operation of law on the following day.
4. Certificate of Compliance
					 as to 7-26-99 order, including amendment of section, transmitted to OAL
					 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
5. Amendment of
					 section heading, section and NOTE filed 6-26-2000 as an emergency; operative
					 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be
					 transmitted to OAL by 10-30-2000 or emergency language will be repealed by
					 operation of law on the following day.
6. Amendment of section
					 heading, section and NOTE refiled 10-30-2000 as an emergency; operative
					 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be
					 transmitted to OAL by 2-27-2001 or emergency language will be repealed by
					 operation of law on the following day.
7. Certificate of Compliance
					 as to 10-30-2000 order transmitted to OAL 2-9-2001 and filed 3-27-2001
					 (Register 2001, No. 13).
8. Amendment of section and NOTE filed
					 6-23-2014; operative 7-1-2014 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2014, No. 26).
Note: Authority cited: Sections
						44000,
						44001.3,
						44001.5
						and
						44002,
						Health and Safety Code. Reference: Sections
						44010.5,
						44014.2,
						44037.1,
						44037.2,
						44062.1,
						44062.3,
						44091,
						44092,
						44093,
						44094
						and
						44095,
						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 11 - Consumer Assistance Program and Enhanced Fleet Modernization Program › Section 3394.3 - Vehicle Retirement and Repair Assistance Payment Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant determined to be eligible under the Consumer
					 Assistance Program may receive the following assistance:
(a) Under the Vehicle Retirement option,
				  payment of one thousand five hundred dollars ($1,500) for each vehicle retired
				  from operation for vehicle owners who meet income eligibility requirements. All
				  other vehicle owners shall receive one thousand dollars ($1,000) for each
				  vehicle retired from operation. All vehicles shall be retired from operation at
				  a dismantler operating under contract with the Bureau.
(b) Under the Repair Assistance option,
				  vehicle owners who meet income eligibility requirements shall receive up to
				  five hundred dollars ($500) in emissions-related repair services performed at a
				  STAR test-and-repair station operating under an agreement with the Bureau.
				  Repair Assistance shall not be awarded for the following items:
(1) Repairs necessary to make a vehicle safe
				  to test or testable as specified in section
				  1.2.3 of the Smog Check Manual
				  referenced in section
				  3340.45.
(2) Repairs to tampered emissions control
				  systems as defined by section
				  3340.41.5.
(3) Repairs which are recommended based on a
				  diagnosis that fails to comply with section
				  3340.41(d).
(4) Repairs that are unnecessary to resolve
				  the cause of the Smog Check inspection failure.
(5) Parts that have a mark-up greater than
				  the average mark-up for the STAR test-and-repair station conducting the
				  repairs.
(6) Sublet repairs that
				  have a mark-up greater than the average mark-up for the STAR test-and-repair
				  station conducting the repairs.
(7)
				  Labor operation times that are greater than the average labor operation times
				  for a particular vehicle type and repair.
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 - Consumer Assistance Program and Enhanced Fleet Modernization Program › Section 3394.4 - Eligibility Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  In order to participate in the Repair Assistance option of the Consumer
				  Assistance Program, the following requirements must be met:
(1) The applicant must be the registered
				  owner of the vehicle with vehicle title issued in their name.
(2) The applicant must not have previously
				  participated in the Repair Assistance option for the same vehicle.
(3) The applicant must have a household
				  income that is less than or equal to two hundred twenty-five percent (225%) of
				  the federal poverty level, as published in the Federal Register by the United
				  States Department of Health and Human Services.
(4) The applicant must pay a minimum of
				  twenty percent (20%) of the total cost of diagnosis and repair of the
				  emissions-related failure as co-payment for participating in the Repair
				  Assistance option. Once the Bureau's eighty percent (80%) portion of the
				  diagnosis and repair pursuant to Health and Safety Code section
				  44094(b)(1)
				  has reached the maximum amount payable as defined by section
				  3394.3(c), all
				  additional costs shall be borne by the applicant. The co-payment shall be paid
				  directly to the station that performs the state-subsidized emissions-related
				  repair work under an agreement with the Bureau.
(5) At the time of application, the vehicle
				  must:
(A) Have failed its biennial Smog Check
				  inspection. Aborted, manual mode, and training mode tests do not
				  qualify.
(B) Be currently
				  registered with the Department of Motor Vehicles with a valid and unexpired
				  registration sticker, or have all fees paid to the Department of Motor Vehicles
				  and not have a registration that has been expired more than 365
				  days.
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 - Consumer Assistance Program and Enhanced Fleet Modernization Program › Section 3394.5 - Ineligible Vehicles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following vehicles are not eligible for participation in the Repair Assistance
				  and Vehicle Retirement options of the Consumer Assistance Program:
(1) A vehicle undergoing a transfer of
				  ownership.
(2) A vehicle being
				  initially registered or re-registered in California.
(3) A direct import vehicle being initially
				  registered in California.
(4) A
				  vehicle powered by alternate fuel, unless a Bureau Referee label is posted on
				  the vehicle.
(5) A specially
				  constructed vehicle, unless a Bureau Referee label is posted on the
				  vehicle.
(6) A dismantled or total
				  loss salvaged vehicle that has not been re-registered pursuant to Section
				  11519 of the
				  Vehicle Code.
(7) A vehicle
				  operated by a fleet licensed and registered pursuant to Section
				  44020
				  of the Health and Safety Code.
(8)
				  A vehicle registered to a non-profit organization or a business.
(9) A vehicle that is untestable on a BAR-97
				  Emissions Inspection System (EIS) or OBD Inspection System
				  (OIS).
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 - Consumer Assistance Program and Enhanced Fleet Modernization Program › Section 3394.6 - Application and Documentation Requirements for the Consumer Assistance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to
				  participate in the Consumer Assistance Program, the applicant shall meet the
				  requirements pursuant to 3394.4 et seq. and submit a completed application,
				  CAP/APP (Rev. 04/2020), which is hereby incorporated by reference, and required
				  documentation to the Department or its designee with original
				  signature(s).
(b) To qualify based
				  on income level, the applicant must certify under penalty of perjury that he or
				  she has a household income that is less than or equal to two hundred
				  twenty-five percent (225%) of the federal poverty level, as published in the
				  Federal Register by the United States Department of Health and Human Services.
				  Prior to approving the application, the bureau will periodically and randomly
				  require the applicant to provide a copy of one of the following documents, as
				  applicable:
(1) A letter from the issuing
				  agency stating that the applicant receives any of the following benefits:
(A) Supplemental Security Income
				  (SSI);
(B) State Supplemental
				  Payments (SSP);
(C) Temporary
				  Assistance for Needy Families (TANF);
(D) California Work Opportunity and
				  Responsibility to Kids (Cal-WORKS);
(E) General Assistance (GA) or General Relief
				  (GR); or
(F) Publicly subsidized
				  medical coverage, such as or Medi-Cal.
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 - Consumer Assistance Program and Enhanced Fleet Modernization Program › Section 3394.7 - Application and Documentation Requirements for the Enhanced Fleet Modernization Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to participate in the Enhanced Fleet Modernization
					 Program, the applicant shall meet the requirements pursuant to Title 13,
					 Chapter 13, Article 2, California Code of Regulations, submit a completed
					 application as prescribed in section
					 3394.6 (a) and
					 required documentation to the Department or its designee with original
					 signature(s).
1. New
					 section filed 7-30-2010 as an emergency; effective 7-30-2010. Emergency
					 regulation shall become operative on the effective date of the Air Resources
					 Board's AB 118 Enhanced Fleet Modernization Program regulations, 13 CCR
					 division 3, chapter 13, sections
					 2620-2630. A Certificate of
					 Compliance must be transmitted to OAL by 1-26-2011 or emergency language will
					 be repealed by operation of law on the following day (Register 2010, No.
					 31).
2. Certificate of Compliance as to 7-30-2010 order, including
					 amendment of section, transmitted to OAL 11-30-2010 and filed 1-11-2011
					 (Register 2011, No. 2).
3. Change without regulatory effect amending
					 section filed 1-27-2011 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2011, No. 4).
4. Amendment filed 3-30-2012;
					 operative 4-29-2012 (Register 2012, No. 13).
Note: Authority cited: Sections
						44001.5
						and
						44125,
						Health and Safety Code; and Section
						9882,
						Business and Professions Code. Reference: Section
						44126,
						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 11.1 - Administrative Citations and Fines for Motor Vehicle Inspection Program ("Smog Check") Violations › Section 3394.25 - Authority to Issue Administrative Citations and Fines for Smog Check Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The director or their designee is authorized to determine
					 when and against whom a citation will be issued and to issue citations
					 containing orders of abatement and/or administrative fines for violations by a
					 licensee or contractor of Health and Safety Code section
					 44000
					 et seq. and any regulations adopted pursuant thereto.
1. New
					 article 11.1 (sections
					 3394.25-3394.27) and section filed
					 7-10-2012; operative 7-10-2012 pursuant to Government Code section
					 11343.4
					 (Register 2012, No. 28).
2. Amendment of article heading, section
					 heading and section filed 5-31-2023; operative 7-1-2023 (Register 2023, No.
					 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						44002
						and
						44050,
						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 11.1 - Administrative Citations and Fines for Motor Vehicle Inspection Program ("Smog Check") Violations › Section 3394.27 - Compliance with Citations/Orders of Abatement Issued to Smog Check Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If a person cited pursuant to section
				  3394.25 who has been issued an
				  order of abatement is unable to complete the correction within the time set
				  forth in the citation because of conditions beyond his or her control after the
				  exercise of reasonable diligence, the cited person may request an extension of
				  time in which to complete the correction from the director or their designee.
				  Such a request is subject to approval by the director or their designee and
				  shall be in writing and made within the time set forth for abatement.
(b) If administrative fine(s) are not paid
				  after a citation has become final, the administrative fine(s) shall be added to
				  the cited person's license or registration renewal fee. A license or
				  registration shall not be renewed without payment of the renewal fee and all
				  administrative fines.
1. New
					 section filed 7-10-2012; operative 7-10-2012 pursuant to Government Code
					 section
					 11343.4
					 (Register 2012, No. 28).
2. Amendment of section heading and
					 subsection (a) filed 5-31-2023; operative 7-1-2023 (Register 2023, No.
					 22).
Note: Authority cited: Sections
						9882,
						Business and Professions Code. Reference: Sections
						44002,
						44031.5
						and
						44050,
						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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.40 - Authority to Issue Citations and Fines for Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Bureau chief or their designee is authorized to
					 determine when and against whom a citation will be issued and to issue
					 citations containing orders of abatement and fines for violations by any
					 unlicensed person who is acting in the capacity of a licensee or
					 registrant.
1. New
					 article 11.2 (sections
					 3394.40-3394.46) and section filed
					 9-27-2011; operative 10-27-2011 (Register 2011, No. 39).
2.
					 Amendment of section heading and section filed 5-31-2023; operative 7-1-2023
					 (Register 2023, No. 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						149
						and
						302(d),
						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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.41 - Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A citation for unlicensed activity shall be issued whenever
					 any fine is levied or any order of abatement is issued. Each citation shall be
					 in writing and shall describe with particularity the nature and facts of each
					 violation, including a reference to the statute(s) and/or regulation(s) alleged
					 to have been violated. The citation shall inform the cited person of the right
					 to contest the citation. The citation shall be served upon the cited person
					 personally or by registered mail pursuant to Section
					 11505(c)
					 of the Government Code.
1. New
					 section filed 9-27-2011; operative 10-27-2011 (Register 2011, No.
					 39).
2. Amendment filed 5-31-2023; operative 7-1-2023 (Register
					 2023, No. 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						149
						and
						302(d),
						Business and Professions Code; Section
						11505(c),
						Government 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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.42 - Citations for Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Bureau chief or their designee is authorized to
					 determine when and against whom a citation will be issued and to issue
					 citations containing orders of abatement and fines against persons, as defined
					 in Section
					 302(d) of
					 Business and Professions Code, who are performing or who have performed
					 services for which a license or registration is required under the statutes and
					 regulations enforced by the Bureau of Automotive Repair. Each citation shall
					 contain an order of abatement. Where appropriate, the Bureau chief or their
					 designee shall levy a fine against any unlicensed person who is acting in the
					 capacity of a licensee or registrant. Sanctions authorized under Article 11.2
					 Administrative Citations and Fines for Unlicensed Activity shall be separate
					 from and in addition to any other civil or criminal actions.
1. New
					 section filed 9-27-2011; operative 10-27-2011 (Register 2011, No.
					 39).
2. Amendment of section heading and section filed 5-31-2023;
					 operative 7-1-2023 (Register 2023, No. 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						125,
						125.9,
						148,
						149
						and
						302(d),
						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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.43 - Fine Amounts for Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau may use the authority pursuant
				  to Business and Professions Code section
				  148,
				  to issue a citation to a person with an expired license or registration. The
				  bureau shall first issue an order of abatement without a fine that shall
				  contain, but is not limited to the following:
(1) Information that the licensee shall
				  immediately cease all work and/or any work in progress that requires a valid
				  license or registration.
(2)
				  Information that license renewal fee and any delinquency or other fees must be
				  fully paid within 30 calendar days, after which time the bureau may assess
				  fines pursuant to Business and Professions Code section
				  148.
(3) Notice that continuing to operate without
				  a valid license or registration may result in citation, fine, and/or other
				  disciplinary action.
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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.44 - Compliance with Citation/Order of Abatement for Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a person
				  cited pursuant to section
				  3394.40 who has been issued an
				  order of abatement is unable to complete the correction within the time set
				  forth in the citation because of conditions beyond his or her control after the
				  exercise of reasonable diligence, the cited person may request an extension of
				  time in which to complete the correction from the Bureau chief. Such a request
				  shall be in writing and made within the time set forth for abatement.
(b) If a citation is not contested, or if the
				  citation is contested and the cited person does not prevail, failure to abate
				  the violation or to pay the assessed fine within the time allowed shall
				  constitute a violation and a failure to comply with the citation or order of
				  abatement.
(c) Failure to timely
				  comply with an order of abatement or pay an assessed fine may result in
				  disciplinary action being taken by the bureau or other appropriate judicial
				  action being taken against the cited person.
(d) If a fine is not paid after a citation
				  has become final, the fine shall be added to the cited person's license or
				  registration renewal fee. A license or registration shall not be renewed
				  without payment of the renewal fee and fine.
(e) Nothing in this section shall be
				  construed as permission for any person to operate or continue to operate
				  without a valid license or registration.
1. New
					 section filed 9-27-2011; operative 10-27-2011 (Register 2011, No.
					 39).
2. Amendment of section heading and subsection (a) filed
					 5-31-2023; operative 7-1-2023 (Register 2023, No.
					 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						149
						and
						302(d),
						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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.45 - Contested Citations and Request for a Hearing or Informal Citation Conference for Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to requesting an
				  administrative hearing as provided in subdivision (b)(4) of Section
				  125.9 of Business and Professions
				  Code, the person cited pursuant to section
				  3394.40 may request an informal
				  conference to review the acts charged in the citation. A request for an
				  informal conference shall be made in writing, within ten (10) days after
				  service of the citation, to the Bureau chief or their designee.
(b) The Bureau chief or their designee shall
				  hold, within sixty (60) days from the receipt of the request, an informal
				  conference with the cited person. At the conclusion of the informal conference,
				  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.
				  The Bureau chief or their designee shall state in writing the reasons for his
				  or her action and transmit within fifteen (15) days a copy of his or her
				  findings and decision to the cited person. Unless an administrative hearing as
				  provided for in subdivision (b)(4) of Section
				  125.9 of Business and Professions
				  Code was requested in a timely manner, an informal conference decision which
				  affirms the citation shall be deemed to be a final order with regard to the
				  citation issued, including the fine levied and the order of
				  abatement.
(c) If the citation,
				  including any fine levied or order of abatement or correction, is modified, the
				  citation originally issued shall be considered withdrawn and a new citation
				  issued. If the cited person desires a hearing to contest the new citation, he
				  or she shall make a request in writing, within ten (10) days of receipt of the
				  informal conference decision, to the Bureau chief or their designee. The
				  hearing shall be conducted as provided for in subdivision (b)(4) of Section
				  125.9 of Business and Professions
				  Code. A cited person may not request an informal conference for a citation
				  which has been modified following an informal conference.
1. New
					 section filed 9-27-2011; operative 10-27-2011 (Register 2011, No.
					 39).
2. Amendment of section heading and section filed 5-31-2023;
					 operative 7-1-2023 (Register 2023, No. 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						149
						and
						302(d),
						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 11.2 - Administrative Citations and Fines for Unlicensed Activity › Section 3394.46 - Disconnection of Telephone Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Nothing in this section shall preclude the Bureau from
					 using the provisions of Section
					 149 of Business and Professions
					 Code in addition to any citation for unlicensed activity issued to any
					 person.
1. New
					 section filed 9-27-2011; operative 10-27-2011 (Register 2011, No.
					 39).
2. Amendment filed 5-31-2023; operative 7-1-2023 (Register
					 2023, No. 22).
Note: Authority cited: Section
						9882,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						149
						and
						302(d),
						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 11.3 - Administrative Citations and Fines for Automotive Repair Act Violations by Registrants › Section 3394.50 - Authority to Issue Citations, Fines, and Orders of Abatement to Automotive Repair Dealers and Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau chief or their designee is
				  authorized to determine when and against whom a citation will be issued and to
				  issue citations containing orders of abatement and fines for violations by
				  registrants of the Act or any regulation adopted pursuant thereto in this
				  Division.
(b) Each citation shall
				  be in writing and shall describe with particularity the nature and facts of
				  each violation, including a reference to the statute(s) and/or regulation(s)
				  alleged to have been violated. The citation shall inform the cited person of
				  the right to contest the citation, the requirements for requesting an informal
				  citation review conference or administrative hearing in section
				  3394.53, and the compliance
				  requirements set forth in section
				  3394.52. The citation shall be
				  served upon the cited person personally or by registered mail pursuant to
				  Section
				  11505(c)
				  of the Government Code.
1. New
					 article 11.3 (sections
					 3394.50-3394.55) and new section
					 filed 5-31-2023; operative 7-1-2023 (Register 2023, No.
					 22).
Note: Authority cited: Sections
						12.5,
						125.9,
						148,
						9882
						and
						9884.19,
						Business and Professions Code. Reference: Sections
						10,
						125.9,
						148,
						9882,
						9882.3
						and
						9884.7,
						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 11.3 - Administrative Citations and Fines for Automotive Repair Act Violations by Registrants › Section 3394.51 - Administrative Fine Amounts, Orders of Abatement, and Citation Factors for Registered Automotive Repair Dealer Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The citation shall include an order of
				  abatement and may include a fine not to exceed the amount specified in Section
				  125.9 of the Code.
(b) In determining whether to issue a
				  citation and the amount of a fine if issued, the Bureau shall consider the
				  following factors, as applicable:
(1) The
				  nature and gravity of the violation.
(2) The registrant's history of violations
				  and/or the number of violations found in the investigation.
(3) The good or bad faith of the registrant,
				  including any training regarding the subject matter of the violation prior to
				  the issuance of a citation.
(4) The
				  failure to perform work for which money was received.
(5) The extent to which the registrant has
				  made restitution to affected consumers or mitigated or attempted to mitigate
				  any damage or injury caused by the violation.
(6) Whether the violation was willful or an
				  inadvertent error.
(7) The degree
				  of negligence in the maintenance, care, custody, and/or repair of any affected
				  motor vehicle.
(8) The extent to
				  which the registrant owners, directors, officers, partners, members, trustees,
				  or responsible managing employee(s) performed any of the act(s) resulting in
				  the violation(s).
(9) The extent to
				  which the registrant has cooperated with the Bureau's
				  investigation.
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 3394.52 - Compliance with Citation/Order of Abatement for Automotive Repair Dealers; Remedies for Non-Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a person cited pursuant to section
				  3394.50 who has been issued an
				  order of abatement is unable to complete the correction within the time set
				  forth in the citation because of conditions beyond their control after the
				  exercise of reasonable diligence, the cited person may request an extension of
				  time in which to complete the correction from the Bureau chief. Such a request
				  shall be in writing and made within the time set forth for abatement.
(b) If a citation is not contested as
				  provided in section
				  3394.53, or if the citation is
				  contested and the cited person does not prevail, failure to abate the violation
				  or to pay the assessed fine within the time allowed shall constitute a material
				  failure to comply with the provisions of the Act or regulations for which the
				  person was cited. If a hearing is not requested pursuant to this article,
				  payment of any fine shall not constitute an admission of the violation
				  charged.
(c) In addition to any
				  other fines, penalties, and other remedies available to the Bureau, failure to
				  timely comply with an order of abatement or pay an assessed fine as provided in
				  subdivision (b) shall constitute a ground for disciplinary action.
(d) An assessed fine shall be paid within 30
				  days of the date of receipt of a citation, or as applicable, a final affirmed
				  or modified citation as provided in section
				  3394.53. If a fine is not paid
				  after a citation has become final, the fine shall be added to the cited
				  person's license or registration renewal fee. A license or registration shall
				  not be renewed without payment of the renewal fee and fine. "Final" for the
				  purposes of this section shall mean: the Bureau's decision has become
				  effective, the cited person did not submit a written request to contest the
				  citation as required by section
				  3394.53, and the timeframe for
				  submitting such a request under 3394.53 has passed.
1. New
					 section filed 5-31-2023; operative 7-1-2023 (Register 2023, No.
					 22).
Note: Authority cited: Sections
						9882
						and
						9884.7,
						Business and Professions Code. Reference: Sections
						125.9,
						148,
						149,
						302(d)
						and
						9884.7,
						Business and Professions Code.