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 6 - Registration and Requirements for Automotive Repair Dealers › Section 3351 - Registration of Automotive Repair Dealers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person or entity ("applicant")
				  seeking Bureau registration as an automotive repair dealer shall submit a
				  completed application that includes all of the following:
(1) The nonrefundable application fee set
				  forth in section
				  3351.1 for each location, or each
				  vehicle consistent with section
				  3351.7.1 unless the applicant
				  meets the requirements for waiver of the fee specified in subdivision
				  (g).
(2) The following identifying
				  information:
(A) The legal name of the
				  applicant. An individual must apply using their full legal name: (Last Name)
				  (First Name) (Middle Name) and/or (Suffix) and provide information from a
				  government issued photo identification including issuing authority, document
				  title, and number. A business entity must apply using the business' legal
				  name.
(B) If the business is to be
				  carried out under a fictitious name (i.e., the applicant intends to operate
				  under a name other than their legal name), the fictitious name shall be
				  provided.
(C) Form of business
				  organization (sole proprietorship (individual), partnership, limited
				  partnership, corporation, or limited liability company (LLC)).
(i) If the business is a corporation, the
				  corporate number assigned by the California Secretary of State.
(ii) If the business is an LLC, the domestic
				  or foreign LLC number assigned by the California Secretary of
				  State.
(D) Federal
				  employer identification number (FEIN), if the applicant is a partnership, or
				  the applicant's Social Security Number, or individual taxpayer identification
				  number (ITIN) for all other applicants. If the applicant is a corporation or
				  LLC, the applicant shall submit the Social Security Numbers of its controlling
				  individuals.
(E) If the applicant
				  is a business entity, the full legal name, title, business address, telephone
				  number, and information from a government issued photo identification including
				  issuing authority, document title, and number for each controlling
				  individual.
(F) Physical address of
				  the location operated by the applicant ("location").
(G) Applicant's mailing address, if different
				  than the physical address ("address of record").
(H) Applicant's telephone number,
(I) Applicant's email address.
(J) The applicant's retail seller's permit
				  number, if a permit is required under the Sales and Use Tax Law (Part 1
				  commencing with Section
				  6001) of Division 2 of the Revenue
				  and Taxation Code.
(K) Whether the
				  applicant intends to perform auto body repair work and possesses the applicable
				  licenses or permits set forth in Section
				  9889.52 of the Code.
(L) A designation of the services performed
				  by the business.
(M) Whether the
				  business will be engaged in mobile automotive repairs. If the applicant answers
				  affirmatively, they shall provide the vehicle license plate number for the
				  vehicle used to perform mobile automotive repairs in accordance with California
				  Code of Regulations, Title 16, Article 6.1 (commencing with section
				  3351.7.1).
(N) Whether the business is in an area that,
				  pursuant to local zoning ordinances, permits the operation of a facility for
				  the repair of motor vehicles.
(O)
				  Whether the applicant, or any controlling individual of the business, or any
				  other person(s) employed at the business possesses any applicable nationally
				  recognized and industry-accepted educational certifications as defined in
				  section 3303 and/or any Bureau-approved
				  educational certifications as provided in section
				  3395.6. If the applicant answers
				  affirmatively, the applicant shall identify the individual by name who
				  possesses the certification, the title of the certification, the name of the
				  certification provider and the date of issuance of the
				  certification(s).
(P) Whether the
				  applicant or any controlling individual of the business has ever been convicted
				  of any crime or offense for which a license may be denied pursuant to Section
				  480 of the Code.
(Q) Applicants and/or controlling individuals
				  of the business are not required to disclose convictions under California
				  Health and Safety Code Sections
				  11357(b), (c), (d),
				  (e), or Section
				  11360(b) which
				  are two years or older.
(R)
				  Whether, within the preceding seven years from the date of application, the
				  applicant or any controlling individual of the business has had a license,
				  registration, or certification that was formally disciplined by a licensing
				  board in or outside of California, including the Bureau, or any board (as
				  defined in Section
				  22 of the Code) in the Department
				  of Consumer Affairs. "Discipline" for purposes of this section includes
				  reproval, suspension, revocation, probation or any other form of restriction
				  placed on the license, registration, or certification.
(S) Whether, within the preceding seven years
				  from the date of application, the applicant or any controlling individual has
				  previously been denied a registration or received a citation for committing
				  acts prohibited by Section
				  9884.7 of the Code from a
				  licensing board in or outside of California, including the Bureau, or any board
				  (as defined in Section
				  22 of the Code) in the Department
				  of Consumer Affairs.
(T) If the
				  applicant or any controlling individual answers affirmatively to any of the
				  items in subdivision (a)(2)(P), (a)(2)(R), or (a)(2)(S), the applicant shall
				  provide a written statement explaining details regarding any criminal
				  conviction, disciplinary action, or citation. For criminal convictions, the
				  statement shall include: the date and place of arrest, name of court, court
				  case number, code Section violated, brief explanation of the offense, and the
				  sentence imposed. For discipline, the written statement shall include the type
				  of license, effective date and type of disciplinary action, name and location
				  of licensing board, and brief explanation of violations found by the licensing
				  board. For citations, the written statement shall include the type of license,
				  effective date, name and location of licensing board, and a brief explanation
				  of violations cited by the licensing board.
(3) The following additional
				  applicant-identifying information to expedite the registration process:
(A) Whether the applicant is serving, or has
				  previously served, in the United States Armed Forces.
(B) Whether the applicant is an honorably
				  discharged member of the United States Armed Forces. If the applicant
				  affirmatively states they meet this criterion, they shall provide the following
				  documentation with the application to receive expedited review: a certificate
				  of release or discharge from active duty (DD-214) or other documentary evidence
				  showing date and type of discharge.
(C) Whether the applicant is married to or in
				  a domestic partnership or other legal union with an active duty member of the
				  United States Armed Forces assigned to a duty station in California under
				  official active duty military orders. If the applicant affirmatively states
				  they meet this criterion, they shall provide the following documentation along
				  with the application to receive expedited review: certificate of marriage;
				  certificate of domestic partnership; a copy of the applicant's
				  spouse's/partner's military orders reflecting assignment to a California duty
				  station; and proof of currently being licensed as an automotive repair dealer
				  in another state, or U.S. territory or district. Proof, for the purposes of
				  this subdivision, shall mean the information required by subdivision (g)(3) of
				  this section.
(D) Whether the
				  applicant was admitted to the United States as a refugee, has been granted
				  asylum by the Secretary of Homeland Security or the Attorney General of the
				  United States, or has a special immigrant visa (SIV). If the applicant
				  affirmatively states they meet any of these criteria, they shall provide any of
				  the following items of documentation, as applicable, with the application to
				  receive expedited review:
(i) Form I-94,
				  arrival/departure record, with an admission class code such as "RE" (refugee)
				  or "AY" (asylee) or other information designating the person a refugee or
				  asylee;
(ii) Special Immigrant Visa
				  that includes the "SI" or "SQ";
(iii) Permanent Resident Card (Form I-551),
				  commonly known as a "green card," with a category designation indicating that
				  the person was admitted as a refugee or asylee; or,
(iv) an order from a court of competent
				  jurisdiction or other documentary evidence that provides reasonable assurances
				  to the Bureau that the applicant qualifies for expedited licensure per Section
				  135.4 of the
				  Code.
(4) A
				  statement signed by the applicant under penalty of perjury that the information
				  provided in the application is true.