California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 27 - Bureau of Electronic and Appliance Repair › Article 7 - Miscellaneous › Section 2771 - Citations: Assessment of Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Citations issued pursuant to Sections
				125.9 and
				148 of the Code include violations
				of the provisions of the Electronic and Appliance Repair Dealer Registration
				Law ("Act") and any regulations adopted pursuant to any provisions of the Act.
				The Chief is authorized to issue citations containing orders of abatement and
				fines for violations of the provisions of law referred to in this
				section.
(b) A citation shall be
				issued whenever any order of abatement is issued or any fine is levied. Each
				citation shall be in writing and shall describe with particularity the nature
				and facts of the violation, including a reference to the statute or regulations
				alleged to have been violated. The citation shall be served upon the individual
				personally or by certified mail. Each citation issued shall contain an order of
				abatement. Citations may contain a civil penalty. Where citations issued
				include a civil penalty they shall be classified according to the nature of the
				violation and shall indicate the classification on the face thereof as follows:
(1) Class "A" violations are violations which
				the Chief has determined involve a person who, while operating as a service
				dealer, has violated a statute or regulation relating to the repair or
				installation of equipment as provided for in the Act and which either has
				caused (1) the death of or bodily injury to another person or (2) fire damage
				to property or (3) a person who has committed a class "B" violation and has
				three or more prior separate class "B" violations within the 36 month period
				immediately preceding the act serving as the basis for the citation, without
				regard to whether the actions to enforce the previous citations have become
				final. However, the increase in the civil penalty required by this paragraph
				shall not be due and payable unless and until the previous actions have been
				terminated in favor of the bureau. A class "A" violation is subject to a civil
				penalty in the amount of not less than seven hundred fifty dollars ($750) and
				not exceeding two thousand five hundred dollars ($2,500) for each and every
				violation.
(2) Class "B" violations
				are violations which the Chief has determined involve either (1) a person who,
				while operating as a service dealer, has violated a statute or a regulation
				relating to the repair or installation of equipment, as provided for in the Act
				and which caused damage, other than death or fire damage or bodily harm or (2)
				a person who has committed a class "C" violation and has three or more prior
				separate class "C" violations which have been terminated in favor of the Bureau
				within the 36 month period immediately preceding the act serving as the basis
				for the citation without regard to whether the actions to enforce the previous
				citations have become final. However, the increase in the civil penalty
				required by this paragraph shall not be due and payable unless and until the
				previous actions have been terminated in favor of the bureau. A class "B"
				violation is subject to a civil penalty in the amount not less than two hundred
				fifty dollars ($250) and not exceeding seven hundred fifty dollars ($750) for
				each and every violation.
(3) Class
				"C" violations are violations which the Chief has determined involve a person
				who, while operating as a service dealer has violated a statute or regulation
				relating to the repair or installation of equipment provided for in the Act and
				which has caused neither property nor monetary damage or bodily harm. A class
				"C" violation is subject to a civil penalty in the amount of not less than
				fifty dollars ($50) and not exceeding two hundred fifty dollars ($250) for each
				and every violation.