California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 3.6 - Vehicle Industry and Business Enterprises › Section 225.73 - Issuance, Refusal, Suspension, Revocation, Compromise Settlement Agreements, and Automatic Cancellation of a BPA Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department may issue or, for
				  reasonable cause shown, refuse to issue a BPA permit, or may after notice and
				  hearing, suspend or revoke the BPA permit for any violation or cause listed in
				  Sections 225.09,
				  225.12,
				  225.15,
				  225.18,
				  225.24,
				  225.30,
				  225.33,
				  225.36,
				  225.39,
				  225.42,
				  225.48(a) and
				  (b),
				  225.51,
				  225.54,
				  225.60,
				  225.63,
				  225.66(b) and
				  (c), and
				  225.72 (a) and
				  (b).
(b) The department may refuse to authorize an
				  employee or applicant for employment of a first-line business partner,
				  second-line business partner, or first-line service provider, or may after
				  notice and hearing, suspend or revoke authorization for the employee to have
				  access to the BPA program for any cause under Section
				  225.18.
(c) Every hearing provided for in this
				  section shall be conducted pursuant to Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code.
(d)
				  After the filing of an accusation or statement of issues under these
				  regulations, the director of the Department of Motor Vehicles may enter into a
				  compromise settlement agreement with a BPA permit holder on terms and
				  conditions mutually agreeable to the director, the respondent permit holder,
				  and the complainant, without further hearing or appeal. The compromise
				  settlement agreement may include, but it is not limited to, a period of
				  probation, monetary penalties, or both.
(e) Any compromise settlement agreement may
				  be entered before, during, or after the hearing, is valid only if executed and
				  filed pursuant to subsection (f) below in these regulations before the proposed
				  decision of the hearing officer, if any, is adopted or the case is
				  decided.
(f) Any compromise
				  settlement agreement entered under these regulations shall be signed by the
				  director, the respondent BPA permit holder, and the complainant, or by their
				  authorized representatives.
(g) If
				  the respondent to a compromise settlement agreement fails to perform all of the
				  terms and conditions of the compromise settlement agreement, the agreement
				  between the parties is void and the department may take any action authorized
				  by law, notwithstanding the agreement, including but not limited to, refiling
				  the accusation or statement of issues or imposing discipline or
				  sanctions.
(h) The department may,
				  pending a hearing, temporarily suspend the permit issued to BPA permit holder
				  for not more than 30 days if the director finds that action is required in the
				  public interest. In that case, a hearing shall be held and a decision issued
				  within 30 days after the notice of the temporary suspension.
(i) The department may automatically cancel
				  the BPA permit upon the happening of any of the following:
(1) The abandonment of the established place
				  of business site of the BPA permit holder or change thereof without notice to
				  the department, as provided for by Section
				  225.42.
(2) Failure of the BPA permit holder to
				  maintain an adequate bond as required by Vehicle Code section
				  1685(b)(2)(C)
				  and Section
				  225.09.
(3) The voluntary or involuntarily surrender
				  for any cause by the BPA permit holder, except that the surrender of the BPA
				  permit, cessation of business by the BPA permit holder, or the suspension or
				  revocation of the corporate status of the BPA permit holder, does not preclude
				  the filing of an accusation for revocation or suspension of the surrendered BPA
				  permit under Section
				  225.73, does not affect the
				  department's decision to suspend or revoke the BPA permit. The department's
				  determination to suspend or revoke the BPA permit may be considered in issuing
				  or refusing to issue any subsequent BPA permit authorized by regulations to
				  that BPA permit holder or to a business representative of that prior
				  licensee.
(4) The suspension or
				  revocation of the corporate status of the BPA permit holder.
(5) Failure to possess a valid occupational
				  license from the department (if applicable).