Bureau of Automotive Repair Laws and Regulations …

1 17/31/2019 3:06:41 PM Bureau of Automotive Repair laws and Regulations Reference Book 2019 EDITION Includes Statutory Amendments through March 22, 2019 and Regulations through July 12, 2019 Excerpts from the Business and Professions Code, Civil Code, Family Code, Government Code, Health and Safety Code, Insurance Code, Penal Code, Public Resources Code, Revenue and Taxation Code, Vehicle Code, and the California Code of Regulations pertaining to Automotive Repair Dealers, Smog Check Stations and Technicians, and Brake and Lamp Stations and Adjusters QUESTIONS ABOUT THIS PUBLICATION? For CUSTOMER SERVICE ASSISTANCE concerning replacement pages, shipments, billing, reprint permission, or other matters,please call Customer Service Department at 800-833-9844 email or visit our interactive customer service website at For EDITORIAL content questions concerning this publication, please email: For information on other LEXISNEXIS MATTHEW BENDER publications, please call us at 800-223-1940 or visit our online bookstore at 2019 Matthew Bender & Company, Inc.

2 , a member of the LexisNexis Group. All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark of Matthew Bender Properties California Regulations appearing in this publication have been extracted from Barclays Official California Code of Regulations , copyright 2011, State of California. This material may not be commercially reproduced or sold in printed or electronic form without written permission of Thomson/West, and is subject to the following disclaimer:THOMSON/WEST MAKES NO WARRANTY OR REPRESENTRATION WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE INFORMATION CONTAINED IN THIS PUBLICATION; AND THOMSON/WEST ASSUMES NO LIABILITY WHATSOEVER WITH RESPECT TO ANY USE OF THIS PUBLICATION OR ANY PORTION THEREOF OR WITH RESPECT TO ANY DAMAGES WHICH MAY RESULT FROM SUCH USE.

3 Matthew Bender & Company, Inc. Editorial Offices701 E. Water StreetCharlottesville, VA (Pub. 21020) DISCLAIMERThis book of statutory and regulatory provisions is intended for reference only and is not all-inclusive. Due to the nature of the material, the provisions included herein are subject to change . Refer to the following resources for current information on California laws and Regulations : California Legislative Information: California Code of Regulations : Published July 2019 CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS Bureau OF Automotive Repair 10949 NORTH MATHER BOULEVARD RANCHO CORDOVA, CA 95670 Page TABLE OF CONTENTS BUSINESS & PROFESSIONS CODE General Provisions Conviction ; When action by board following establishment of conviction may be taken; Prohibition against denial of licensure; Application of section.

4 1 of regulation adopted pursuant to code provision; Issuance of citation .. 1 Board .. 1 License .. 1 Licentiate .. 2 Information to be provided on Internet; Entities in Department of Consumer Affairs required to comply .. 2 Additional qualifications for licensure .. 3 Provision of federal employer identification number or social security number by licensee .. 3 Compliance with judgment or order for support upon issuance or renewal of license .. 4 Provision in rules and Regulations for evaluation experience obtained in armed services .. 5 22. 27. 30. 31. 1. Department of Consumer Affairs Chapter 1. The Department 100. Establishment .. 5 Composition of department .. 6 Purpose .. 6 Meetings of boards; Regular and special .. 6 Assumption of duties of board created by initiative .. 6 Interagency agreement to delegate duties of certain repealed boards; Technical committees for regulation of professions under delegated authority; Renewal of agreement.

5 7 Compensation and reimbursement for expenses ..7 Tenure of members of boards, etc., within department ..7 Removal of board members .. 7 Removal of member of licensing board for disclosure of examination information .. 7 Executive officers .. 8 Official seals .. 8 Status and powers of boards .. 8 Witness fees and expenses .. 8 Review of decisions; Investigations .. 8 Records and property .. 8 Commissioners on examination .. 8 Publication and sale of directories of authorized persons .. 9 Conferences; Traveling expenses .. 9 Reinstatement of expired license of licensee serving in military .. 9 Waiver of fees and requirements for active duty members of armed forces and national guard .. 9 Military service; Posting of information on Web site about application of military experience and training towards licensure .. 10 Applicability of Section 114.

6 10 Licensure process expedited for honorably discharged veterans of Armed Forces .. 10 Board required to expedite licensure process for certain applicants; Adoption of Regulations .. 10 Audit and review of disciplinary proceedings; Report to 10 Effect of withdrawal of application; Effect of suspension, forfeiture, etc., of license .. 10 Misdemeanors pertaining to use of licenses .. 11 Practice during period between renewal and receipt of evidence of renewal .. 11 Application of fees to licenses or registrations lawfully 11 Fee for issuance of duplicate certificate .. 11 Conduct constituting subversion of licensing examination; Penalties and damages .. 11 Enjoining violations .. 12 101. 102. 103. 106. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 118. 119. 121. 122. 123.. 21 TABLE OF CONTENTS iv Manner of notice.

7 12 Misdemeanor offenses by licensees .. 12 Direction to licentiate violating licensing act to pay costs of investigation and enforcement .. 12 Enjoining violations; Restitution orders .. 13 Unlawful discrimination by licensees .. 13 System for issuance of citations to licensees; Contents; Fines .. 13 Submission of reports to Governor .. 14 Submission of reports to director .. 14 Sale of equipment, supplies, or services for use in violation of licensing requirements .. 14 Reduction of license fees in event of surplus funds .. 14 Handling of complaints; Reports to Legislature .. 15 Requirements for institution or joinder of legal action by state agency against other state or federal 15 Proration of license fees .. 15 Reexamination of applicants .. 15 Licensure and citizenship or immigration status .. 16 Notification of change of address; Punishment for failure to comply.

8 16 Regulations requiring inclusion of license numbers in advertising, etc.. 16 Notice that practitioner is licensed; Evaluation of licensing examination .. 16 Policy for examination development and validation, and occupational analysis .. 16 Disciplinary action ; Licensee s failure to record cash transactions in payment of employee wages .. 17 Disciplinary action by foreign jurisdiction; Grounds for disciplinary action by state licensing board .. 17 Authority to sy nchronize renewal dates of licenses; Abandonment date for application; Delinquency fee .. 17 Proof of license as condition of bringing action for collection of compensation .. 17 Provision in agreements to settle certain causes of action prohibited; Adoption of Regulations ; Exemptions .. 18 124. 125. 126. 127. 128. 129. 132. 134. 135. 4. Consumer Affairs Article 1.

9 General Provisions and ..20 137. 138. 139. 140. 141. 142. 143. Chapter Unlicensed Activity Enforcement findings and declarations .. 18 Authority to issue written notice to appear in court .. 18 Establishment of administrative citation system .. 19 Notice to cease advertising in telephone directory; Contest and hearing; Disconnection of service .. 19 147. 148. 2. The Director of Consumer Affairs to applicants .. 19 Chapter 3. Funds of the Department of revenues, etc. Dishonored check tendered for payment of fine, fee, or 19 206. of chapter .. 20 Declaration of intent .. 20 Definitions .. 20 301. 2. Director and Employees .. 20 of chapter .. 20 Employment 20 Experts and consultants .. 21 306. 3. Powers and DutiesDirector s powers and duties .. 21 Interdepartmental committee .. 21 Report to Governor and Legislature.

10 21 Office of Administrative Hearings Report .. 21 Licensing Section and Health Quality Enforcement Section of the Attorney General Report .. 22 Establishment of library .. 22 310. 311. 312. 313.. vTABLE OF CONTENTS Article 4. Representation of Consumers 23 320. 5. Consumer Complaints 23 325. 7. Licensee 460. 461. 9. Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles 472. Denial, Suspension and Revocation of Licenses Chapter 1. General Provisions 475. 477. 2. Denial of Licenses 480. 481. 482. 484. 485. 486. 487. 488. 489. Chapter 3. Suspension and Revocation of Licenses 490. 491. 493. 494. Chapter 4. Public Reprovals 495. Chapter 5. Examination Security 496.