California CodesBusiness and Professions Code - BPCDivision 3 — Professions and Vocations GenerallyChapter 20.3 — Automotive RepairArticle 2 — AdministrationSection 9882
(a)(1) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief who is responsible to the director. The director may adopt and enforce those rules and regulations that the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)(A) On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)(i) The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii) To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii) Any employee of the automotive repair dealer who was involved in the violation resulting in the bureau’s issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent disclosure of the citation.
(3) Rules and regulations adopted pursuant to this subdivision shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, the bureau shall have the burden of demonstrating a compelling public need for the continued existence of the bureau and its regulatory program, and that its function is the least restrictive regulation consistent with the public health, safety, and welfare.
(c) This section shall be effective only until January 1, 2028, and as of that date is repealed.
Notes
Establishes the Bureau of Automotive Repair under the director, vests administration and enforcement in the chief, and allows rules and citation procedures. On or after July 1, 2023, citations may receive three-member informal review; remedial training may prevent internet disclosure if the dealer had none in the prior 18 months, and the provision is repealed January 1, 2028.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 9882 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-3/chapter-20-3/article-2/section-9882