Business and Professions Code — Part 52 | BPC — United States — California law | Esheria

Business and Professions Code

Part 52 of 52 · provisions 10,201–10,364

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 164 of 10,364

  1. 8805.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. )

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    The board sets land surveyor-related fees within stated maximums and must regulate an appeal fee for examinations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 15. Land Surveyors [8700 - 8805] ( Chapter 15 added by Stats. 1939, Ch. 41. ) ## ARTICLE 8. Revenue [8800 - 8805] ( Article 8 added by Stats. 1939, Ch. 41. ) ## 8805. The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (a) The fee for filing each application for licensure as a land surveyor at not more than four hundred dollars ($400) and for each application for certification as a land surveyor-in-training (LSIT) at not more than one hundred dollars ($100). (b) The fees to take an examination administered by a public or private organization pursuant to Section 8745 shall be no greater than the actual cost of the development and administration of the examination and may be paid directly to the organization by the applicant. (c) The renewal fee for a land surveyor at not more than four hundred dollars ($400). (d) The fee for a retired license at not more than 50 percent of the professional land surveyor application fee in effect on the date of application. (e) The delinquency fee at not more than 50 percent of the renewal fee in effect on the date of reinstatement. (f) The board shall establish by regulation an appeal fee for examination. The regulation shall include provisions for an applicant to be reimbursed the appeal fee if the appeal results in passage of examination. The fee shall be no more than the costs incurred by the board. (g) All other document fees are to be set by the board by rule. (Amended by Stats. 2016, Ch. 236, Sec. 34. (SB 1165) Effective January 1, 2017.)
  2. 9.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    Headings in this code section do not control or change the meaning or scope of the code’s provisions.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 9. Division, part, chapter, article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1937, Ch. 399.)
  3. 900.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.5. Exemption From Licensure [900 - 901] ( Chapter 1.5 added by Stats. 1989, Ch. 97, Sec. 2. )

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    This section exempts certain out-of-state health care practitioners from this division during qualifying emergencies, and requires practitioners to show licensing documents and verify licensure on request when deployed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.5. Exemption From Licensure [900 - 901] ( Chapter 1.5 added by Stats. 1989, Ch. 97, Sec. 2. ) ## 900. (a) Nothing in this division applies to a health care practitioner licensed in another state or territory of the United States who offers or provides health care for which he or she is licensed, if the health care is provided only during a state of emergency as defined in subdivision (b) of Section 8558 of the Government Code, which emergency overwhelms the response capabilities of California health care practitioners and only upon the request of the Director of the Emergency Medical Services Authority. (b) The director shall be the medical control and shall designate the licensure and specialty health care practitioners required for the specific emergency and shall designate the areas to which they may be deployed. (c) Health care practitioners shall provide, upon request, a valid copy of a professional license and a photograph identification issued by the state in which the practitioner holds licensure before being deployed by the director. (d) Health care practitioners deployed pursuant to this chapter shall provide the appropriate California licensing authority with verification of licensure upon request. (e) Health care practitioners providing health care pursuant to this chapter shall have immunity from liability for services rendered as specified in Section 8659 of the Government Code. (f) For the purposes of this section, “health care practitioner” means any person who engages in acts which are the subject of licensure or regulation under this division or under any initiative act referred to in this division. (g) For purposes of this section, “director” means the Director of the Emergency Medical Services Authority who shall have the powers specified in Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (Amended by Stats. 2010, Ch. 270, Sec. 1. (AB 2699) Effective January 1, 2011.)
  4. 901.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.5. Exemption From Licensure [900 - 901] ( Chapter 1.5 added by Stats. 1989, Ch. 97, Sec. 2. )

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    This section creates a limited exemption from licensure and related requirements for certain out-of-state health care practitioners working at sanctioned Olympic and Paralympic activities, if the committee’s notice requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.5. Exemption From Licensure [900 - 901] ( Chapter 1.5 added by Stats. 1989, Ch. 97, Sec. 2. ) ## 901. (a) For purposes of this section, the following definitions shall apply: (1) “Committee” means the Los Angeles Organizing Committee for the 2028 Olympic and Paralympic Games. (2) “Health care practitioner” means any person who engages in acts that are the subject of licensure or regulation under this division or under any initiative act referred to in this division and who maintains an active license in good standing to provide the same or substantially similar services in another state, territory, or country. (3) “Olympic and Paralympic activities” means any competition, non competition, athlete village, training, or support sites in this state sanctioned by the committee. (b) Notwithstanding any other law, any licensure, certification, or registration requirements of this division shall not apply to a health care practitioner licensed in another state, territory, or country while providing professional services for which a license would otherwise be required in this state if both of the following conditions are met: (1) The health care practitioner has been invited by the committee to provide professional services at Olympic and Paralympic activities. (2) The committee provides to the Director of Consumer Affairs, to forward to the applicable licensing entity within the department that corresponds to the licensing entity in the state, territory, or country where the health care practitioner is licensed before the provision of professional services by a health care practitioner, all of the following information: (A) The name of the health care practitioner. (B) The state, territory, or country of the health care practitioner’s licensure and the licensing entity from which the health care practitioner holds a license. (C) The dates for which the health care practitioner has been invited to provide professional services. (D) The scope of practice the committee requires for that practitioner at Olympic and Paralympic activities. (c) The exemption granted under this section shall be limited to only those professional services required by or on behalf of the committee. Those professional services shall be within the scope of the health care practitioner’s existing licensure, certification, or registration and shall only be provided at Olympic and Paralympic activities. (d) A health care practitioner shall cease to be exempted under this section upon a request made by the department to the committee on behalf of an applicable licensing entity. (e) The exemption provided in this section shall remain in force while the health care practitioner is providing professional services at the invitation of the committee and only during the time sanctioned by the committee. (f) (1) Notwithstanding any other law, in the event the consent of the parent, guardian, or legal representative of a team member cannot be obtained, the official team representative who is responsible for any member participating in Olympic and Paralympic activities may give consent to the furnishing of professional services to a team member who, due to age, disability, or injury, is not able to personally consent. (2) Consent given pursuant to paragraph (1) shall not be subject to disaffirmance or invalidation due to the individual’s age, disability, or injury. (3) In the case of an emergency, the consent of the parent, guardian, or legal representative of the team member shall not be necessary in order to authorize the performance of professional services. (g) This section does not apply to persons who engage in acts that are subject to licensure or regulation pursuant to Chapter 9 (commencing with Section 4000) or Chapter 9.5 (commencing with Section 4430). (Added by Stats. 2025, Ch. 105, Sec. 1. (AB 144) Effective September 17, 2025.)
  5. 920.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.6. Health Care Professional Disaster Response Act [920 - 922] ( Chapter 1.6 added by Stats. 2002, Ch. 1085, Sec. 7. )

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    This chapter may be cited as the Health Care Professional Disaster Response Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.6. Health Care Professional Disaster Response Act [920 - 922] ( Chapter 1.6 added by Stats. 2002, Ch. 1085, Sec. 7. ) ## 920. This chapter shall be known and may be cited as the Health Care Professional Disaster Response Act. (Added by Stats. 2002, Ch. 1085, Sec. 7. Effective January 1, 2003.)
  6. 921.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.6. Health Care Professional Disaster Response Act [920 - 922] ( Chapter 1.6 added by Stats. 2002, Ch. 1085, Sec. 7. )

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    This section states the Legislature’s findings about shortages of qualified health care practitioners during disasters and its intent to address the issue through the Health Care Professional Disaster Response Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.6. Health Care Professional Disaster Response Act [920 - 922] ( Chapter 1.6 added by Stats. 2002, Ch. 1085, Sec. 7. ) ## 921. (a) The Legislature finds and declares the following: (1) In times of national or state disasters, a shortage of qualified health care practitioners may exist in areas throughout the state where they are desperately required to respond to public health emergencies. (2) Health care practitioners with lapsed or inactive licenses could potentially serve in those areas where a shortage of qualified health care practitioners exists, if licensing requirements were streamlined and fees curtailed. (b) It is, therefore, the intent of the Legislature to address these matters through the provisions of the Health Care Professional Disaster Response Act. (Added by Stats. 2002, Ch. 1085, Sec. 7. Effective January 1, 2003.)
  7. 922.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.6. Health Care Professional Disaster Response Act [920 - 922] ( Chapter 1.6 added by Stats. 2002, Ch. 1085, Sec. 7. )

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    Some physicians and surgeons with an expired license of less than five years may be licensed under this chapter if they meet the stated requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1.6. Health Care Professional Disaster Response Act [920 - 922] ( Chapter 1.6 added by Stats. 2002, Ch. 1085, Sec. 7. ) ## 922. (a) A physician and surgeon who satisfies the requirements of Section 2439 but whose license has been expired for less than five years may be licensed under this chapter. (b) To be licensed under this chapter, a physician and surgeon shall complete an application, on a form prescribed by the Medical Board of California, and submit it to the board, along with the following: (1) Documentation that the applicant has completed the continuing education requirements described in Article 10 (commencing with Section 2190) of Chapter 5 for each renewal period during which the applicant was not licensed. (2) A complete set of fingerprints as required by Sections 144 and 2082, together with the fee required for processing those fingerprints. (c) An applicant shall not be required to pay any licensing, delinquency, or penalty fees for the issuance of a license under this chapter. (Added by Stats. 2002, Ch. 1085, Sec. 7. Effective January 1, 2003.)
  8. 9790.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    This section defines terms used in the aircraft repair chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9790. As used in this chapter, the following definitions apply: (a) To the extent applicable, the definitions which are now or may hereafter be set forth in Section 1301 of Title 49 of the United States Code are incorporated herein by reference. (b) To the extent applicable, the definitions which are now or may hereafter be set forth in Sections 1.1, and 1.2 of Part 1 of Title 14 of the Code of Federal Regulations, are incorporated herein by reference. (c) To the extent applicable, the definitions which are now or may hereafter be set forth in Chapter 2 (commencing with Section 1201) of Division 1 of the Commercial Code are incorporated herein by reference. (d) “General aviation” means all aviation with the exception of air carrier and military aviation. (e) “Repairperson” means any person engaged in the business of repairing general aviation aircraft. (f) “Customer” means any person who requests a repairperson to do work on a general aviation aircraft which is in the possession of that person. (g) “Certificated repair station” means a person or business entity which is the duly authorized holder of a Federal Aviation Administration certificated repair station designation pursuant to the provisions of Part 145 of Title 14 of the Code of Federal Regulations. A certificated repair station is a subcategory of a “repairperson.” (h) “Certificated mechanic” means an individual person who is the duly authorized holder of a Federal Aviation Administration Mechanic Certificate, with either an “Airframe,” a “Powerplant,” or an “Inspection Authorization” rating, which has been issued to that person pursuant to the provisions of Part 65 of Title 14 of the Code of Federal Regulations. A certificated mechanic is a subcategory of a “repairperson.” (i) “Fixed base operator” means a person or business entity which is the duly authorized holder of a business license issued by all applicable state or local governmental entities, to engage in the business of providing fuel, oil, storage, parking, cleaning, and other products and services for use in general aviation aircraft, or by customers utilizing general aviation aircraft. A fixed-base operator is a subcategory of a “repairperson.” (j) A “noncertificated repairperson” means a repairperson that is not a certificated repair station, a certificated mechanic, nor a fixed-base operator. A noncertificated repairperson is a subcategory of a “repairperson.” (k) The “FAA Aircraft Registry” means that particular system for the recording of conveyances and other documents which affect the title to, or any interest in, civil aircraft of the United States, which was originally created pursuant to Section 503 of the Federal Aviation Act of 1958 as set forth in Section 1403 of Title 49 of the United States Code and which is more specifically identified in Section 49.11 of Title 14 of the Code of Federal Regulations as: ## FAA Aircraft Registry Department of Transportation P.O. Box 25504 Oklahoma City, OK 73125 or delivered to the Registry at: 6500 South MacArthur Boulevard Oklahoma City, OK 73169 (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  9. 9791.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    This chapter applies only to work done on a general aviation aircraft when the estimated or actual cost is $100 or more.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9791. This chapter applies only to work done on a general aviation aircraft with either an estimated cost or an actual cost of one hundred dollars ($100) or more. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  10. 9792.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    This section states state public policy on financial responsibility in business transactions and on FAA certification and surveillance for people in the aviation business.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9792. (a) It is the public policy of this state that parties to all business transactions, including those transactions which are the subject of this chapter, exhibit mutual financial responsibility with respect to one another. Accordingly, the existence of liens, the concurrence of liens, and the priorities of liens subject to this chapter are determined so as to implement this public policy. (b) In addition, it is the public policy of this state that all persons engaged in the business of aviation be subject to the highest level of certification by the Federal Aviation Administration of the United States of America (hereafter “the FAA”) available to those persons, and further, that these certificated persons be subject to the highest level of FAA surveillance activities and enforcement proceedings. This certification and surveillance contributes substantially towards the protection of the public by attempting to assure continued and ongoing compliance with all applicable FAA standards and certification criteria. Accordingly, the existence of liens, concurrence of liens, and priorities of liens as set forth in this chapter are determined so as to implement this public policy. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  11. 9793.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    A repairperson must get customer authorization and provide required written estimates before starting work or charging beyond the estimate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9793. No repairperson shall commence work for compensation without specific authorization from the customer or his or her agent, in accordance with all of the following requirements: (a) The repairperson shall give to the customer either of the following: (1) A written estimated price for labor and parts for a specific job. (2) A written estimate of the maximum cost for a specific job that does not differentiate between labor and parts, but which shall not be exceeded by the actual cost of the job, including labor and parts. No work shall be done or parts supplied in excess of, or different from, the original written estimate without the separate oral or written consent of the customer. If the consent is oral, the repairperson shall make a notation on the work order and on the invoice of the date, time, name of person authorizing the additional work or change in work, and the telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost. (b) If it is necessary to disassemble a general aviation aircraft or its component in order to prepare a written estimated price for required work, the repairperson shall first give the customer a written estimated price for the disassembly and reassembly. The estimate shall also include the cost of parts and necessary labor to replace items such as gaskets and seals that are normally destroyed by disassembling the component. If the disassembling might prevent the restoration of the component to its former condition, the repairperson shall write that information on the work order containing the estimate before the work order is signed by the customer. The repairperson shall inform the customer orally, and conspicuously in writing on the work order, of the maximum time it will take the repairperson to reassemble the aircraft or its component if the customer elects not to proceed with the work. The repairperson shall not charge the customer for more time than the specified maximum time if the customer elects not to proceed with the work. (Amended by Stats. 1993, Ch. 589, Sec. 14. Effective January 1, 1994.)
  12. 9794.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    A repairperson who gives a good-faith original estimate is not required to finish the job within that estimate if unforeseen extra work is needed and the customer will not agree to pay for it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9794. Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that additional work. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  13. 9795.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    A repairperson must record all work on an invoice, list work and parts separately, show subtotal prices and sales tax separately, note used or rebuilt parts when applicable, give the customer one copy, and keep one copy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9795. All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied. Work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt, or reconditioned parts, the invoice shall clearly state that fact. One copy of the invoice shall be given to the customer and one copy shall be retained by the repairperson. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  14. 9796.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    A repairperson’s invoice must show the business name and address, and any telephone number shown must match the advertised or directory-listed number.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9796. The invoice shall show the repairperson’s business name and address. If the repairperson’s telephone number is on the invoice, it shall be the telephone number that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairperson’s firm name and address in the telephone directory, or on the telephone company records if the number is assigned to the repairperson subsequent to the publication of the telephone directory. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  15. 9797.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    A repairperson may work on an aircraft on a time-and-materials basis if the customer authorizes the specific job.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9797. Notwithstanding any provision to the contrary, upon authorization from the customer as to a specific job, a repairperson may work on an aircraft on a time and materials basis. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  16. 9798.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    When urgent work is needed to preserve and protect a general aviation aircraft in distress and consent cannot be obtained quickly, the usual rules in Sections 9793 to 9796 do not apply, and the work must be billed on a time-and-materials basis.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9798. (a) Sections 9793, 9794, 9795, and 9796 of this chapter shall not apply to services provided to a general aviation aircraft in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot be expeditiously obtained. In all such instances, the work performed shall be done on a time and material basis, notwithstanding the absence of consent by the customer. (b) In all instances in which the provisions of subdivision (a) are applicable, Sections 9798.1, 9798.2, 9798.3, and 9798.4 shall also be applicable. (Repealed and added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  17. 9798.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    Repairpersons get a special lien on the aircraft or related equipment they worked on, but only if chapter conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9798.1. (a) Subject to the provisions set forth in this chapter, each repairperson shall have a special lien pursuant to Sections 2872 and 2875 of the Civil Code, upon the civil aircraft, engine, or aircraft appliance upon which the repairperson has bestowed labor or furnished material. The special lien shall be in an amount equal to the agreed upon value of the labor and material furnished, or in the absence of any agreement, for the reasonable value thereof. (b) The statutory lien created pursuant to subdivision (a) is applicable to any civil aircraft engine, aircraft propeller, or aircraft appliance which is capable of having the ownership, or an interest in the ownership, affected by a conveyance, recorded at the FAA Aircraft Registry. (c) The statutory lien created pursuant to subdivision (a) is not dependent upon possession by the repairperson of the property which is subject to the lien. (d) The statutory lien created pursuant to subdivision (a) is dependent upon the recordation of the lien at the FAA Aircraft Registry in accordance with Section 9798.2. (e) The statutory lien created pursuant to subdivision (a) is created by written contract between the parties but only if the written contract is signed by the customer, and predates the commencement of work for which the lien is applicable. (f) The statutory lien created pursuant to subdivision (a) is in addition to the statutory lien created pursuant to Section 3051 of the Civil Code if: (1) The repairperson is a certificated repair station. (2) The repairperson is a certificated mechanic. (3) The repairperson is a fixed-base operator. (g) The statutory lien created pursuant to subdivision (a) is in addition to the statutory lien created pursuant to Chapter 5 (commencing with Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure if: (1) The repairperson is a certificated repair station. (2) The repairperson is a certificated mechanic. (3) The repairperson is a fixed-base operator. (h) The statutory lien created pursuant to subdivision (a) shall not exist unless the repairperson has complied with all provisions of Sections 9793, 9794, 9795, 9796, 9797, and 9798. (i) The statutory lien created pursuant to subdivision (a) shall not exist unless the repairperson complies with either of the following: (1) The repairperson is insured pursuant to a policy of liability insurance predating the commencement of work for which the lien is applicable, which was applicable and in full force and effect, and contained no policy defenses with respect to the work for which the lien is applicable. (2) The repairperson is the duly authorized holder of a written surety bond predating the commencement of the work for which the lien is applicable, which obligates the surety to satisfy any and all valid legal claims which may be asserted against the repairperson by the customer in an amount up to and including the value of the property to which the lien applies. (j) Any statutory lien pursuant to Section 3051 of the Civil Code, and any statutory lien pursuant to Chapter 5 (commencing with Section 1208.61) of Title 4 of Part 3 of the Code of Civil Procedure, and any lien created by the written agreement of the parties pursuant to Section 2884 of the Civil Code, in addition to being dependent upon possession, shall be subject to the applicability of the Commercial Code and “financing statements” as described in Division 9 (commencing with Section 9101) of the Commercial Code may be filed in accordance with the provisions of the Commercial Code. (Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  18. 9798.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

    Verify source ↗

    A statutory aircraft repair lien is valid only if it is recorded with the FAA Aircraft Registry in the required form, signed and verified, and filed within 180 days after the work is completed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9798.2. (a) The statutory lien created pursuant to subdivision (a) of Section 9798.1 is not valid unless and until it is recorded with the FAA Aircraft Registry in the manner and in the form generally required for the “Recording of Aircraft Titles and Security Documents” pursuant to Part 49 of Title 14 of the Code of Federal Regulations. (b) In addition to any requirements set forth in Part 49 of Title 14 of the Code of Federal Regulations, the statutory lien created pursuant to subdivision (a) of Section 9798.1 is valid upon recordation by the FAA Aircraft Registry of a written document entitled “NOTICE OF LIEN (PURSUANT TO CHAPTER 19.5 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE).” This document shall be: (1) Signed by the repairperson or by a duly authorized agent or attorney of the repairperson. (2) Verified by the person signing the notice of lien upon that person’s personal knowledge of the matters stated in the notice of lien, and which shall affirmatively state: “Except as to those matters asserted as being upon my information and belief, I declare under penalty of perjury in accordance with the laws of the State of California and of the laws of the United States of America that the matters stated herein are true and correct; and, as to those matters asserted as being upon my information and belief, I declare under penalty of perjury in accordance with the laws of the State of California and of the United States of America that, upon reasonable inquiry, I honestly and genuinely believe these matters to be true as stated.” (3) Contain the date, time, and place of signing of the notice of lien. (c) The notice of lien referred to in subdivision (b) shall contain the following information: (1) The United States Registration Number, make, model, and serial number of the aircraft subject to the lien. (2) The name of the manufacturer, the model, and the serial number of all applicable engines, propellers, or appliances subject to the lien, to the extent they are not otherwise identifiable merely by reference to the Aircraft Registration Number. (3) The name, address, and business telephone number of the repairperson asserting the lien. (4) The name, address, and business telephone number of the registered owner of the civil aircraft or other property subject to the lien. (5) The name, address, and business telephone number of the person consenting to the performance of the work giving rise to the lien. (6) The amount of the lien, exclusive of prospective storage costs. (7) A narrative statement describing the nature of the work accomplished. (8) The affirmative statement that a copy of the notice of lien is concurrently being sent by United States mail, certified, return receipt requested with postage fully prepaid thereon, or by other comparable or more expeditious delivery services, to both the registered owner and to the person consenting to the work. (9) The date of last services or materials provided. (d) No notice of lien pursuant to subdivision (b) is valid unless it is presented for recording at the FAA Registry within 180 days of the completion of the work giving rise to the lien. (Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  19. 9798.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

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    This section lets a repairperson with a perfected statutory lien ask the court to issue an ex parte order to show cause for auction of the aircraft or other property, and sets notice, hearing, redemption, cancellation, and fee rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9798.3. (a) Any repairperson having perfected his or her statutory lien pursuant to Section 9798.2 shall be entitled to the ex parte issuance of an order to show cause why the aircraft or other property should not be sold at auction. The order to show cause shall be issued by the Superior Court of the State of California upon the filing in the superior court of a verified application for ex parte order to show cause why the aircraft or other property should not be sold at auction, which sets forth a true copy of the notice of lien described in Section 9798.2. The order to show cause shall set a hearing date not less than 20 days after the date of the order, upon which the customer, the registered owner, or any other person having an interest therein may present evidence to the court, by way of declarations under penalty of perjury, or oral testimony as may be authorized by the court, as to any reason why the aircraft or other property subject to the lien should not be sold at auction in accordance with the provisions pertaining to the enforcement of judgments generally within this state. (b) The order to show cause shall be personally served upon the registered owner, the customer, and any other person then known to the repairperson to have an interest in the aircraft or other property subject to the lien within five days of the date of issuance of the order to show cause; and concurrent with all attempts to obtain personal service, a copy of the order to show cause shall be sent by United States mail, certified, return receipts requested, to each customer, the registered owner, and any other person or entity then known to the repair person to have an interest in the aircraft or other property subject to the lien or any other person who has registered a lien upon, conveyance of, or other interest in, the aircraft or other property subject to the lien with the FAA Aircraft Registry. (c) At the hearing, the court shall have in rem jurisdiction with respect to the aircraft or other property subject to the lien, and shall have personal jurisdiction over all persons or entities appearing at the hearing, and may make orders and enter judgments in accordance with applicable law. (d) The registered owner or customer of the aircraft or other property subject to the lien shall have a right of redemption in the full amount of all amounts due to the repairperson, to be paid in cash, or in the equivalent, to the repairperson at any time up to, but not including, the entering of any judgment affecting the title to the aircraft or other property subject to the lien. (e) Any judgment entered by the court shall be deemed to be a “conveyance” within the meaning of subdivision (17) of Section 1301 of Title 49 of the United States Code, and shall be recordable at the FAA Aircraft Registry pursuant to Section 49.17 of Title 14 of the Code of Federal Regulations. (f) Upon payment to the repairperson by or on behalf of the registered owner of the aircraft or other property subject to the lien, or by the customer, the repairperson shall cause to be filed with the FAA Aircraft Registry a notice of cancellation of lien. The filing of the notice of cancellation of lien shall terminate all interest of the repairperson that was otherwise subject to the notice of lien. (g) In any action for the enforcement of the statutory lien provided by this chapter, the prevailing party or parties shall be entitled to recover from the nonprevailing party or parties such costs of suit and attorney fees as may be deemed by the court, in its discretion, to be just and reasonable. (Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  20. 9798.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. )

    Verify source ↗

    This section sets priority rules for aircraft repair liens and says when a lien is created.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 19.5. Aircraft Repair [9790 - 9798.4] ( Chapter 19.5 repealed and added by Stats. 1992, Ch. 1001, Sec. 2. ) ## 9798.4. (a) The priority of liens set forth in this section supersedes the priority otherwise set forth in Section 2897 of the Civil Code. (b) The time of creation of the lien shall be the time that the FAA Aircraft Registry actually records the notice of lien described in Section 9798.2. (c) With respect to the subcategory of “repairpersons” as described in Section 9790, as between lien claimants of equal subcategory, different liens upon the same property have priority according to the time of their creation. (d) With respect to the subcategories of “repairperson” as described in Section 9790 as between different liens upon the same property which are created within 30 days of one another: (1) The lien of a certificated repair station has priority over the liens of all other repairpersons. (2) The lien of a certificated mechanic has priority over the liens of all other repairpersons other than certificated repair stations. (3) The liens of a fixed-base operator have priority over all other repairpersons other than certificated repair stations and certificated mechanics. (Added by Stats. 1992, Ch. 1001, Sec. 2. Effective January 1, 1993.)
  21. 9800.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

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    This section says Chapter 20 is the chapter on electronic and appliance repair dealers, and it may be cited as the Electronic and Appliance Repair Dealer Registration Law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9800. This chapter of the Business and Professions Code constitutes the chapter on electronic and appliance repair dealers. It may be cited as the Electronic and Appliance Repair Dealer Registration Law. (Amended by Stats. 1972, Ch. 1288.)
  22. 9801.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    This section defines terms used in the chapter on electronic and appliance repair dealers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9801. The following terms as used in this chapter have the meaning expressed in this section: (a) “Person” includes a firm, partnership, association, limited liability company, or corporation. (b) “Department” means the Department of Consumer Affairs. (c) “Director” means the Director of Consumer Affairs. (d) “Bureau” means the Bureau of Household Goods and Services. (e) “Chief” means the Chief of the Bureau of Household Goods and Services. (f) “Service dealer” means a person who, for compensation, engages in, or holds themselves out to the public as offering services in the business of: (1) Repairing, servicing, or maintaining an electronic set normally used or sold for personal, family, household, or home office use. (2) Installing, repairing, servicing, or maintaining equipment or a burglar alarm system for use in private motor vehicles. (3) Installing, repairing, servicing, or maintaining television or radio receiver antennas, rotators, and accessories or direct satellite signal receiving equipment located on or adjacent to a residence and not involving a function that is subject to and regulated under the provisions of Chapter 9 (commencing with Section 7000). (4) Repairing, servicing, or maintaining major appliances. (g) “Equipment” for the purposes of this chapter means an electronic set, appliance, antenna, rotator, and accessories. (h) “Electronic set” includes, but is not limited to, any television, radio, audio or video recorder or playback equipment, video camera, video game, video monitor, computer system, cellular device, such as a telephone or tablet, photocopier, facsimile machine, or any other device that depends for its functioning, in whole or in part, on any digital electronic embedded or attached to the product and has a value over ten dollars ($10) and is normally used or sold for personal, family, household, or home office use. (i) “Appliance” or “major home appliance” means any device primarily used for residential purposes, including, but not limited to, any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, trash compactor, ice maker, dehumidifier, residential portable furnace, or room air-conditioner normally used or sold for personal, family, household, or home office use, or for use in private motor vehicles. (j) “Antenna” includes, but is not limited to, a resonant device designed especially for the purpose of capturing electromagnetic energy transmitted by direct satellite or commercial radio or television broadcasting facilities. An antenna and its associated accessories are not deemed to be a part of a set and shall be considered, under this section, to be located outside or in the attic of a residence. (k) “Rotator,” when used in connection with an antenna installation or repair, includes, but is not limited to, an electromechanical device operated from a remote location to rotate an antenna on a horizontal plane. A rotator and its associated accessories are not deemed to be a part of a set and shall be considered under this section, with the exception of the directional control unit, to be located outside or in the attic of a residence. (l) “Accessories,” when used in connection with an antenna or rotator installation or repair, includes, but is not limited to, masts, towers, clamps, guy wires, eye hooks, standoff insulators, roof saddles, vent pipe mounts, chimney mount kits, signal amplifiers/boosters, multiset couplers, transmission lines, control cables, directional control units, and other devices as may be used from time to time to effect installation or repair. (m) “Computer system” includes, but is not limited to, a central processing unit that performs data manipulation functions, and any associated peripheral devices, including, but not limited to, keyboards, display terminals, printers, or disk drives. (n) “Video game” includes, but is not limited to, any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry. (o) “Direct satellite signal receiving equipment” includes, but is not limited to, receivers, down converters, amplifiers, and audio or video processors related to the reception of audio, video, or data signals broadcasted or rebroadcasted by communication satellites located in space. (p) “Electronic repair industry” means those activities defined in paragraph (1), (2), or (3) of subdivision (f). (q) “Appliance repair industry” means those activities defined in paragraph (4) of subdivision (f). (Amended by Stats. 2023, Ch. 508, Sec. 3. (SB 814) Effective January 1, 2024.)
  23. 9802.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

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    This chapter excludes several categories of work and people from its coverage.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9802. This chapter does not apply to: (a) Any employee of a service dealer while the employee is engaged in activities within the normal scope of the employer’s business. (b) The repair, service, or maintenance of equipment used in commercial, nonresidential, industrial, or governmental establishments. (c) The repair, services, or maintenance of equipment the ordinary and usual use of which requires a license or permit issued by the Federal Communications Commission. (d) Any person licensed under Chapter 9 (commencing with Section 7000) as an electrical contractor (C-10) or a low-voltage communications systems contractor (C-7) and acting within the scope of their license. (Amended by Stats. 2021, Ch. 188, Sec. 14. (SB 826) Effective January 1, 2022.)
  24. 9804.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    Licensed persons covered by the cited chapter are exempt from registration under this chapter when their activities are within the scope of their license, and they may repair, service, or maintain equipment they are licensed to install.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9804. No person who is licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of this code shall be required to register under this chapter if such person’s activities are within the scope of his license; nor shall such person be prohibited from repairing, servicing, or maintaining equipment of any type, the installation of which may be performed under his license. (Added by Stats. 1963, Ch. 1492.)
  25. 9805.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    Registered persons under this chapter do not have to apply for a Chapter 9 license when they only install satellite antenna systems on residential property or work only on certain televisions or appliances, and the work is not regulated by Chapter 9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9805. No person registered under this chapter shall be required to apply for a license pursuant to Chapter 9 (commencing with Section 7000) if that person’s activities consist only of (a) installing satellite antenna systems on residential structures or property, or (b) installing, repairing, servicing, or maintaining televisions, or an electronic set normally used or sold for personal, family, household, or home office use, or any appliances, and that installation, repair, service, or maintenance is not subject to and regulated under Chapter 9. (Amended by Stats. 1993, Ch. 1264, Sec. 33. Effective January 1, 1994.)
  26. 9806.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

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    Some vehicle dealers, manufacturers, and already-registered persons do not need to register under this chapter when installing or replacing certain electronic sets or automobile burglar alarms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9806. (a) An automobile dealer or manufacturer, licensed pursuant to Chapter 4 (commencing with Section 11700) of Division 5 of the Vehicle Code shall not be required to be registered under this chapter where such dealer or manufacturer installs or replaces an electronic set or automobile burglar alarm as a function related to the sale or repair of a motor vehicle. (b) No person registered pursuant to Chapter 20.3 (commencing with Section 9880) shall be required to register under this chapter where that person’s activities are within the scope of his or her registration and consist of installing an electronic set or automobile burglar alarm system for use in private motor vehicles. (Amended by Stats. 1993, Ch. 1264, Sec. 34. Effective January 1, 1994.)
  27. 9807.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. )

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    Licensed service dealers may work on certified ignition interlock devices, but they must give customers certain information and the bureau must adopt implementing regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 1. General Provisions [9800 - 9807] ( Article 1 added by Stats. 1963, Ch. 1492. ) ## 9807. (a) Notwithstanding any other law, a service dealer licensed under this chapter and authorized to engage in the electronic repair industry, as defined in subdivision (p) of Section 9801, may install, calibrate, service, maintain, and monitor certified ignition interlock devices. (b) (1) The director may issue a citation to, or suspend, revoke, or place on probation the registration of, a service dealer who installs, calibrates, services, maintains, or monitors ignition interlock devices if the service dealer is not in compliance with subdivision (k) of Section 23575.3 of the Vehicle Code. (2) A service dealer shall provide to an individual receiving ignition interlock device services the information provided in subdivision (k) of Section 23575.3 of the Vehicle Code along with the contact telephone number of the bureau. (c) The bureau shall adopt regulations to implement this section consistent with the standards adopted by the Bureau of Automotive Repair and the Office of Traffic Safety under Section 9882.14. (Amended by Stats. 2016, Ch. 783, Sec. 1. (SB 1046) Effective January 1, 2017.)
  28. 9810.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

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    This section creates the Bureau of Household Goods and Services, gives the director authority to administer and enforce specified provisions, and lets the Governor appoint the bureau’s chief.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9810. (a) (1) There is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8. (2) There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau. (b) The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor. (c) Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe. (d) Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Household Goods and Services. (e) Notwithstanding any other law, the powers and duties of the Bureau of Household Goods and Services, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2028. (Amended by Stats. 2023, Ch. 508, Sec. 4. (SB 814) Effective January 1, 2024.)
  29. 9810.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The Bureau of Household Goods and Services must treat public protection as its top priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9810.1. Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2018, Ch. 578, Sec. 5. (SB 1483) Effective January 1, 2019.)
  30. 9811.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director may appoint and set compensation for needed clerical, inspection, investigation, and auditing staff, plus a deputy chief. Those personnel work under the chief’s supervision and direction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9811. The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief. (Amended by Stats. 1993, Ch. 1264, Sec. 37. Effective January 1, 1994.)
  31. 9812.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director must gather evidence of violations and conduct spot-check investigations of service dealers statewide at least twice per year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9812. The director shall gather evidence of violations of this chapter and of any regulation established hereunder, by any service dealer, whether registered or not, and by any employee, partner, officer, or member of any service dealer. The director shall, on their own initiative, conduct spot check investigations of service dealers throughout the state on a continuous basis, but no less than twice per year. (Amended by Stats. 2023, Ch. 508, Sec. 5. (SB 814) Effective January 1, 2024.)
  32. 9812.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director must gather evidence of violations and conduct continuous spot-check investigations of service contractors statewide.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9812.5. The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis. This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 508, Sec. 6. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  33. 9813.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director has the powers given to a department head and must follow the referenced Government Code provisions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9813. The director shall have the powers granted to the head of a department by, and shall conform to the provisions of Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1963, Ch. 1492.)
  34. 9814.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director may make reasonable regulations for service dealers, define certain statutory terms by regulation, and must provide copies of the chapter and regulations to each registered service dealer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9814. The director may establish and enforce regulations as may be reasonable for the conduct of service dealers and for the general enforcement of the various provisions of this chapter in the protection of the public. The director may, by regulation, define the scope of the terms described in subdivisions (g) to (q), inclusive, of Section 9801 to include items of the same general nature or class as those enumerated therein. The director shall either make available on its internet website or distribute to each registered service dealer copies of this chapter and of the regulations thereunder. These regulations shall be adopted, amended, or repealed in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 508, Sec. 7. (SB 814) Effective January 1, 2024.)
  35. 9814.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director may issue and enforce reasonable regulations for service contractors, and must make copies of the chapter and those regulations available on the website or to each registered service contractor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 2. Administration [9810 - 9814.5] ( Article 2 added by Stats. 1963, Ch. 1492. ) ## 9814.5. The director may establish and enforce reasonable regulations for the conduct of service contractors, and for the general enforcement of the various provisions of this chapter in the protection of the public. The director shall either make available on its internet website or distribute to each registered service contractor copies of this chapter and of the regulations adopted under this chapter. Regulations shall be adopted, amended, or repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2023, Ch. 508, Sec. 8. (SB 814) Effective January 1, 2024.)
  36. 9840.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    A service dealer must be registered and keep that registration currently valid before acting as a service dealer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9840. It shall be unlawful to act as a service dealer without first having registered in accordance with the provisions of this chapter and unless such registration is currently valid. (Amended by Stats. 1978, Ch. 1161.)
  37. 9841.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    The director may deny, suspend, revoke, or place a service dealer’s registration on probation for listed misconduct or related disqualifying conduct.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9841. (a) The director may deny, suspend, revoke, or place on probation the registration of a service dealer for any of the following acts or omissions done by himself or herself or any employee, partner, officer, or member of the service dealer and related to the conduct of his or her business: (1) Making or authorizing any statement or advertisement that is untrue or misleading, and that is known, or which by the exercise of reasonable care should be known, to be untrue or misleading. (2) Making any false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, installation, service, or maintenance of the equipment as specified by this chapter. (3) Any other conduct that constitutes fraud or dishonest dealing. (4) Conduct constituting incompetence or negligence. (5) Failure to comply with the provisions of this chapter or any regulation, rule, or standard established pursuant to this chapter. (6) Any willful departure from or disregard of accepted trade standards for good and workmanlike installation or repair. (7) Conviction of a crime that has a substantial relationship to the qualifications, functions and duties of a registrant under this chapter, in which event the record of the conviction shall be conclusive evidence thereof. (8) A violation of any order of the bureau made pursuant to this chapter. (b) The director may also deny, or may suspend, revoke, or place on probation, the registration of a service dealer if the applicant or registrant, as the case may be, has committed acts or crimes constituting grounds for denial of licensure under Section 480. (c) The director may also deny, or may suspend, revoke, or place on probation, the registration of a service dealer if the applicant or registrant, as the case may be, will be or is holding the registration for the benefit of a former registrant whose registration has been suspended or revoked and who will continue to have some involvement in the applicant’s or new registrant’s business. (Amended by Stats. 2007, Ch. 354, Sec. 46. Effective January 1, 2008.)
  38. 9842.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Service dealers must put all work on an invoice, identify used parts, give the customer one copy, and keep a copy for at least three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9842. All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period. (Amended by Stats. 2018, Ch. 578, Sec. 9. (SB 1483) Effective January 1, 2019.)
  39. 9843.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    A service dealer must return replaced parts to the customer unless the parts are exempted by the director’s regulations or need to be returned to a manufacturer or distributor under a warranty arrangement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9843. The service dealer shall return replaced parts to the customer excepting such parts as may be exempted from this requirement by regulations of the director and excepting such parts as the service dealer needs to return to the manufacturer or distributor under a warranty arrangement. (Added by Stats. 1963, Ch. 1492.)
  40. 9844.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Service dealers must give customers a written repair estimate before work starts, include parts and labor costs, and get prior customer consent before charging above the estimate.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9844. An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customer’s residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format. (Amended by Stats. 2018, Ch. 578, Sec. 10. (SB 1483) Effective January 1, 2019.)
  41. 9844.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    The charge for installing covered equipment must be given to the customer in writing before installation. The bureau may decide the reasonable installation charge in certain pricing situations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9844.1. The charge for the installation of any equipment subject to the requirements of this chapter shall be given to the customer in writing prior to making the installation. Whenever the charge for installation is included in the sale price of the item and is not separately stated, or whenever the charge for installation is reduced as an incentive to effectuate the purchase and sale, the bureau may determine the reasonable charge attributable to the installation for purposes of enforcement. (Added by Stats. 1986, Ch. 207, Sec. 6.)
  42. 9844.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    A repair or installation lien, or other right to keep equipment, does not exist if the total charges exceed the higher of the written estimate or a qualifying owner-authorized revision.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9844.5. No lien or other right to maintain possession of the equipment pending payment of charges for repair or installation, including those arising from Chapter 6 (commencing with Section 3046) of Title 14, Part 4, Division 3 of the Civil Code, shall exist where the total charges levied for the repair or installation of such equipment exceeds the higher of (1) any amount estimated in writing pursuant to Section 9844, or (2) a written revision of such estimate signed and dated by the owner of the equipment, or in lieu thereof an oral revision of the written estimate, authorized by the owner and fully documented by the service dealer. (Amended by Stats. 1986, Ch. 207, Sec. 7.)
  43. 9845.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    A service dealer may not tie employee, partner, officer, or member compensation to the value of parts replaced in equipment, except for the sale of equipment defined elsewhere.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9845. A service dealer may not make the compensation of any employee, partner, officer, or member dependent upon the value of parts replaced in any equipment by, or with the consent of, such employee, partner, officer, subcontractor, or member. This does not include the sale of equipment as defined in subdivision (h) of Section 9801. (Amended by Stats. 1993, Ch. 1264, Sec. 44. Effective January 1, 1994.)
  44. 9846.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Using “guarantee” or similar wording must conform to regulations adopted by the director.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9846. The use of “guarantee” and words of like import shall conform to the regulations adopted by the director. (Added by Stats. 1963, Ch. 1492.)
  45. 9847.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Service dealers must keep required records for at least three years, and those records must be available for reasonable inspection by the director or other law enforcement officials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9847. Each service dealer shall maintain all records that are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials. (Amended by Stats. 1993, Ch. 1265, Sec. 3. Effective January 1, 1994.)
  46. 9847.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Service contractors must keep required records for at least three years and make them available for reasonable inspection by the director or other law enforcement officials.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9847.5. (a) Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 508, Sec. 11. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  47. 9848.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Proceedings to contest certain citations or to deny, suspend, revoke, or place a registration on probation must be conducted under Government Code Chapter 5 procedures.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9848. All proceedings to contest a citation for a violation of subdivision (k) of Section 23575.3 of the Vehicle Code or to deny registration or suspend, revoke, or place on probation a registration shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2016, Ch. 783, Sec. 2. (SB 1046) Effective January 1, 2017.)
  48. 9850.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    Any person who fails to comply with this chapter or its regulations commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9850. Any person who fails to comply with the provisions of this chapter or of the regulations made pursuant to this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding six months, or by both such fine and imprisonment. (Amended by Stats. 1993, Ch. 1264, Sec. 46. Effective January 1, 1994.)
  49. 9852.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. )

    Verify source ↗

    A person who needs a valid registration under this chapter cannot claim a lien for labor or materials, or sue on a repair or installation contract, unless they have that valid registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4. Offenses Against the Chapter [9840 - 9853] ( Heading of Article 4 amended by Stats. 1981, Ch. 714, Sec. 28. ) ## 9852. No person required to have a valid registration under the provisions of this chapter shall have the benefit of any lien for labor or materials or the right to sue on a contract for repairs or installation done by such individual, unless he or she has such a valid registration. (Amended by Stats. 1986, Ch. 207, Sec. 8.)
  50. 9855.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    This section defines key terms for service contracts and related parties used in the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855. The definitions used in this section shall govern the construction and terms as used in this chapter: (a) “Service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance, replacement, or repair of consumer goods and may include provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, power surges, food spoilage, or accidental damage from handling. “Service contract” shall not include a contract in writing to maintain structural wiring associated with the delivery of cable, telephone, or other broadband communications services. “Service contract” shall not include a contract in which a consumer agrees to pay a provider of vision care services for a discount on optical products or contact lenses for a specified duration. (b) “Service contract administrator” or “administrator” means a person who performs or arranges the collection, maintenance, or disbursement of moneys to compensate any party for claims or repairs pursuant to a service contract, and who also performs or arranges any of the following activities on behalf of service contract sellers: (1) Providing service contract sellers with service contract forms. (2) Participating in the adjustment of claims arising from service contracts. (3) Arranging on behalf of service contract sellers the insurance required by Section 9855.2. A service contract administrator shall not be an obligor on a service contract unless all service contracts under which the service contract administrator is obligated to perform are insured under a service contract reimbursement insurance policy. (c) (1) “Service contract seller” or “seller” means a person who sells or offers to sell a service contract to a service contractholder, including a person who is the obligor under a service contract sold by the seller, manufacturer, or repairer of the product covered by the service contract. (2) “Service contract seller” or “seller” also means a third party, including an obligor, who is not the seller, manufacturer, or repairer of the product. However, a third party shall not be an obligor on a service contract unless the obligor obtains a service contract reimbursement insurance policy for all service contracts under which the third party is obligated under the terms of a service contract. (3) “Service contract seller” or “seller” shall not include the following: (A) A bank or bank holding company, or the subsidiary or affiliate of either, or a financial institution, licensed under state or federal law, selling or offering to sell a service contract unless that entity is financially and legally obligated under the terms of a service contract. (B) An electrical device manufacturer or electrical contractor who constructs, installs, or services electrical devices, which include any unit of an electrical system intended to carry electrical energy as part of a building’s electrical system, including raceways, conductors, invertors, conduit, wires, switches, or other similar devices. (d) “Service contractholder” means a person who purchases or receives a service contract from a service contract seller. (e) “Service contractor” means a service contract administrator or a service contract seller. (f) “Service contract reimbursement insurance policy” means a policy of insurance issued by an insurer admitted to do business in this state providing coverage for all obligations and liabilities incurred by a service contract seller under the terms of the service contracts sold in this state by the service contract seller to a service contractholder. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California. (g) “Obligor” is the entity financially and legally obligated under the terms of a service contract. (h) “Optical products” means prescription and nonprescription eyewear. “Optical products” shall not include contact lenses of any kind. (i) The terms “manufacturer,” “retail seller,” “retailer,” and “sale” shall have the same meanings ascribed to them in Section 1791 of the Civil Code. (j) “Consumer goods” means any new or used product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, including assistive devices. (Amended by Stats. 2023, Ch. 508, Sec. 18. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  51. 9855.05.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    This section expands the meaning of “service contract” for this chapter to include the type described in Insurance Code Section 12741(e).

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.05. On and after January 1, 2000, for the purposes of this chapter, “service contract” also includes a service contract as described in subdivision (e) of Section 12741 of the Insurance Code. (Added by Stats. 1998, Ch. 1075, Sec. 1. Effective January 1, 1999. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  52. 9855.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    A person may not act as a service contractor in this state unless first registered with the bureau and holding a valid registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.1. (a) It shall be unlawful for any person to act as a service contractor in this state unless that person first registers with the bureau in accordance with the provisions of this chapter and maintains a valid registration. (b) Except as expressly provided in this chapter, service contractors registered in accordance with the provisions of this chapter shall be exempt from all provisions of the Insurance Code. (Amended by Stats. 2010, Ch. 543, Sec. 2. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  53. 9855.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    A registered service contract administrator who is also an obligor on the contract may do the functions allowed for a seller and does not have to register separately as a seller.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.15. A service contract administrator who is an obligor on a service contract and is registered as a service contract administrator may perform all the functions permitted by a seller and shall not be required to register separately as a seller. (Added by Stats. 2010, Ch. 543, Sec. 3. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  54. 9855.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    Service contract sellers must meet one of several financial or insurance conditions before offering a service contract, and service contract administrators cannot administer covered contracts without reimbursement insurance.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.2. (a) A service contract seller shall not issue, sell, or offer for sale a service contract unless the obligor under the service contract has complied with one of the following requirements: (1) Files with the director one of the following: (A) The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K. (B) The most recent audited financial statement reflecting a net worth of not less than one hundred million dollars ($100,000,000). The financial statement shall be certified by a certified public accountant who is licensed in the state where the service contract seller maintains its principal place of business or the seller’s state of domestic incorporation. (2) Obtains a service contract reimbursement insurance policy. (3) Sells service contracts that are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the seller’s service contracts. (4) Maintains and annually verifies to the director a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force. (b) A service contract administrator shall not administer service contracts sold in this state unless a service contract reimbursement insurance policy covering these service contracts has been obtained. (Amended by Stats. 2010, Ch. 543, Sec. 4. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  55. 9855.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    Service contractors, administrators, and sellers must file specified contract and registration documents with the director, and sellers must choose one approved financial/insurance/escrow showing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.3. (a) (1) The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the director by the service contractor no later than 30 days prior to its use. (2) The term “documents incorporated by reference” shall mean all documents that are expressly made a part of the contract but that are not a part of the body of the contract. These documents may include, but are not limited to, invoices, declaration pages, and sales receipts. (3) Each service contract form shall be identified by a unique form number and date of last revision. (4) Once a service contract form is filed with the director under paragraph (1), no further changes shall be made to the text of the contract form without resubmission of the contract form to the director, unless the text was indicated as variable text when the contract is initially filed with the director. (b) Every service contract administrator shall file with its application for registration, and thereafter, with its application for registration renewal, a service contract reimbursement insurance policy. (c) Every service contract seller shall file with his or her application for registration, and thereafter with his or her application for registration renewal, one of the following: (1) The most recent annual report on Form 10-K required by the Securities and Exchange Commission, reflecting a net worth greater than the sum of the deferred revenues from service contracts in force. If the service contractor is a foreign corporation that files a comparable audited financial statement with its home government or with the United States government, the director may deem that statement an acceptable substitute for Form 10-K. (2) A service contract reimbursement insurance policy. (3) Evidence that his or her service contracts are administered by a service contract administrator who has obtained a service contract reimbursement insurance policy covering the seller’s service contracts. (4) Evidence of a funded account held in escrow equal to a minimum of 25 percent of the deferred revenues from the service contracts in force. (Amended by Stats. 2018, Ch. 578, Sec. 20. (SB 1483) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  56. 9855.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    A service contract reimbursement insurance policy must cover the seller’s obligations, and the insurer must tell the bureau in writing if the policy ends or is not renewed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.4. (a) The service contract reimbursement insurance policy shall cover the obligations of the service contract seller under the service contracts sold during the period of time that the service contract reimbursement insurance policy was in force. The service contract reimbursement insurance policy shall either cover all service contracts sold or specifically cover those contracts sold to residents of the State of California. (b) A service contract reimbursement insurance policy shall contain a provision under which the insurer shall notify the bureau in writing of the termination or nonrenewal of the service contract reimbursement insurance policy. (c) Upon the effective date of the termination or cancellation of a service contractor’s service contract reimbursement insurance policy, the registration of the service contractors whose service contracts are covered thereby shall be automatically suspended, unless the affected service contractors have filed with the director, prior to the date of the termination or cancellation of the service contract reimbursement insurance policy, a new service contract reimbursement insurance policy or otherwise meet one of the requirements of Section 9855.2. Upon receipt of a written request from the service contractor, the director may delay the suspension of a service contractor’s registration for no more than 60 days. Following the automatic suspension, an administrative hearing shall be provided upon written request to the director in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1993, Ch. 1265, Sec. 7. Effective January 1, 1994. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  57. 9855.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    A service contractor must comply with Civil Code Sections 1794.4 and 1794.41.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.5. A service contractor shall comply with the provisions of Sections 1794.4 and 1794.41 of the Civil Code. (Added by Stats. 1993, Ch. 1265, Sec. 7. Effective January 1, 1994. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  58. 9855.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    If a service contractholder cancels under Civil Code Section 1794.41 and the refund is not paid or credited within 30 days after written notice, the unpaid amount earns 10% interest per year for each additional 30 days or fraction of a 30-day period.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.6. Where a service contractholder cancels a service contract in accordance with Section 1794.41 of the Civil Code and the refund due is not paid to the service contractholder or credited to his or her account within 30 days after the service contractor receives written notice of cancellation, the amount of the required refund or credit shall bear interest, payable to the service contractholder, at the rate of 10 percent per annum for each additional 30 days or fraction thereof. (Amended by Stats. 2006, Ch. 538, Sec. 18. Effective January 1, 2007. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  59. 9855.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    The director may discipline a service contractor’s registration by denying, suspending, revoking, or placing it on probation for fraud, certain related convictions, or helping violate the article or its regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.7. The director may deny, or may suspend, revoke, or place on probation the registration of a service contractor for any act, omission, or crime that is committed by the service contractor or any employee, partner, officer, or agent of the service contractor for any of the following reasons: (a) Any conduct that constitutes fraud or dishonest dealing. (b) Conviction of a crime that has a substantial relationship to the qualifications, functions and duties of a registrant under this chapter, in which event the record of conviction shall be conclusive evidence thereof. (c) Assisting in or abetting the violation of, or conspiring to violate, any provision of this article, or of regulations adopted under this article. (Amended by Stats. 2007, Ch. 354, Sec. 55. Effective January 1, 2008. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  60. 9855.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    The director may cite a service contractor for certain violations or misleading conduct, and citations can include fines and abatement orders.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.8. (a) The director may issue a citation to the service contractor for any of the following reasons: (1) Violation of subdivision (a) of Section 9855.3 or Section 9855.5, or any regulation adopted thereunder. (2) Upon a determination by the director that the service contractor has committed a violation by (A) making or authorizing statements or advertisements which are untrue or misleading; or (B) making false promises of a character likely to influence, persuade, or induce a customer to purchase a service contract as provided by this chapter. (3) For purposes of this section, a violation consists of a single publication or single course of conduct that is determined by the director to be untrue or misleading. (b) The citation may contain an order of abatement and an order to pay an administrative fine assessed by the director. (1) Each citation shall be in writing and shall describe with particularity the nature of the violation, including a specific reference to the provision of law determined to have been violated. (2) Where appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation. (3) A citation or fine assessment issued pursuant to a citation shall inform the service contractor that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the bureau within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (4) (A) In addition to requesting a hearing as provided for herein, the service contractor may request a citation review conference with the director or his or her designee regarding the acts charged in the citation. A citation review conference shall be requested by written notice to the bureau within 20 days of the date of the issuance of the citation or assessment. (B) The director or his or her designee shall hold a citation review conference within 60 days from the receipt of the request. At the conclusion of the citation review conference, the director or his or her designee shall state, in writing, the reasons for his or her action and transmit a copy of his or her findings and decision to the service contractor. (5) The failure of a service contractor to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the director. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the registration. A registration shall not be renewed without payment of the renewal fee and fine. (c) Where a citation includes an administrative fine, it shall be issued in accordance with the following procedures: (1) For the first citation, the director may assess an administrative fine of not less than one hundred dollars ($100) but not more than five hundred dollars ($500). (2) For the second citation issued during any one-year period, the director may assess an administrative fine of not less than five hundred dollars ($500) but not more than one thousand dollars ($1,000). (3) For the third citation issued during any two-year period, the director may assess an administrative fine of not less than one thousand dollars ($1,000) but not more than two thousand dollars ($2,000). (4) For the fourth violation of subdivision (a) of Section 9855.3 or of Section 9855.5, or any regulation adopted thereunder, during any two-year period, the director may either assess an administrative fine of not less than one thousand dollars ($1,000) but not more than two thousand dollars ($2,000) or suspend, revoke, or place on probation a registration of the service contractor. (Amended by Stats. 2007, Ch. 354, Sec. 56. Effective January 1, 2008. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  61. 9855.85.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    A service contract administrator or third-party seller cannot act as an obligor on a service contract without a reimbursement insurance policy covering all obligated service contracts, unless it is otherwise lawfully transacting insurance under a certificate of authority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.85. Unless otherwise lawfully transacting the business of insurance pursuant to a certificate of authority issued pursuant to Section 700 of the Insurance Code for the appropriate class, a service contract administrator or third-party seller acting as an obligor on a service contract without having a service contract reimbursement insurance policy covering all service contracts under which the service contract administrator or third-party seller is obligated shall be deemed to be unlawfully transacting the business of insurance and shall be subject to subdivision (b) of Section 700 and Section 12921.8 of the Insurance Code. (Added by Stats. 2010, Ch. 543, Sec. 5. (AB 2111) Effective January 1, 2011. Repealed as of January 1, 2028, pursuant to Section 9855.9.)
  62. 9855.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. )

    Verify source ↗

    This section stays in effect only until January 1, 2028, when it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 4.5. Service Contractors [9855 - 9855.9] ( Article 4.5 added by Stats. 1993, Ch. 1265, Sec. 7. ) ## 9855.9. This article shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 508, Sec. 19. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Article 4.5, commencing with Section 9855.)
  63. 9861.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 5. Informal Adjustment of Complaints [9860 - 9863] ( Article 5 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    If a complaint does not appear to allege a violation of this chapter or its regulations, the director must advise the complainant and stop there.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 5. Informal Adjustment of Complaints [9860 - 9863] ( Article 5 added by Stats. 1963, Ch. 1492. ) ## 9861. If the complaint does not appear to state any violations of this chapter or of the regulations made pursuant to this chapter, the director shall so advise the complainant and take no further action. (Added by Stats. 1963, Ch. 1492.)
  64. 9862.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 5. Informal Adjustment of Complaints [9860 - 9863] ( Article 5 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    If a complaint suggests a possible violation, the director may tell the service dealer what the complaint says and must then make a summary investigation after giving the dealer a reasonable chance to reply.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 5. Informal Adjustment of Complaints [9860 - 9863] ( Article 5 added by Stats. 1963, Ch. 1492. ) ## 9862. If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service dealer of the contents of the complaint and, if the service dealer is so advised, the director shall make a summary investigation of the facts after the service dealer has had reasonable opportunity to reply thereto. (Amended by Stats. 1994, Ch. 1275, Sec. 52. Effective January 1, 1995.)
  65. 9862.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 5. Informal Adjustment of Complaints [9860 - 9863] ( Article 5 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    If a complaint suggests a possible violation, the director may tell the service contractor what the complaint says and must then make a summary investigation after giving the contractor a reasonable chance to respond.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 5. Informal Adjustment of Complaints [9860 - 9863] ( Article 5 added by Stats. 1963, Ch. 1492. ) ## 9862.5. (a) If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complaint and, if the service contractor is so advised, the director shall make a summary investigation of the facts after the service contractor has had reasonable opportunity to reply thereto. (b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Amended by Stats. 2023, Ch. 508, Sec. 22. (SB 814) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  66. 9870.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    Fees collected under this chapter must be paid into the State Treasury and credited to the Household Goods and Services Fund, which is created by this section.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. ) ## 9870. All fees collected pursuant to this chapter shall be paid into the State Treasury to the credit of the Household Goods and Services Fund, which fund is hereby created. (Amended by Stats. 2023, Ch. 508, Sec. 25. (SB 814) Effective January 1, 2024.)
  67. 9871.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    The director must report monthly revenue details to the State Controller and pay the full amount into the State Treasury for the Household Goods and Services Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. ) ## 9871. The director shall report to the State Controller at the beginning of each month, for the month preceding, the amount and source of all revenue received by the bureau pursuant to this chapter, and at that time shall pay the entire amount thereof into the State Treasury for credit to the Household Goods and Services Fund. (Amended by Stats. 2023, Ch. 508, Sec. 26. (SB 814) Effective January 1, 2024.)
  68. 9872.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    Money in the Household Goods and Services Fund that is needed to administer the bureau and this chapter must be used for those administration purposes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. ) ## 9872. The money in the Household Goods and Services Fund necessary for the administration of the bureau and the administration of this chapter shall be used for those purposes. (Amended by Stats. 2023, Ch. 508, Sec. 27. (SB 814) Effective January 1, 2024.)
  69. 9874.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    Salaries, expenses, and costs under this chapter must be paid only from the Household Goods and Services Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. ) ## 9874. All salaries, expenses, or costs incurred or sustained pursuant to this chapter shall be payable only out of the Household Goods and Services Fund. (Amended by Stats. 2023, Ch. 508, Sec. 30. (SB 814) Effective January 1, 2024.)
  70. 9874.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. )

    Verify source ↗

    Money in the Electronic and Appliance Repair Fund must be transferred to the Household Goods and Services Fund by July 1, 2026, and the fund is abolished that same day.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20. Electronic and Appliance Repair Dealers [9800 - 9874.5] ( Heading of Chapter 20 amended by Stats. 1978, Ch. 1161. ) ## ARTICLE 6. Revenue [9870 - 9874.5] ( Article 6 added by Stats. 1963, Ch. 1492. ) ## 9874.5. (a) All moneys in the Electronic and Appliance Repair Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Electronic and Appliance Repair Fund shall be abolished. (b) This section shall remain in effect only until December 31, 2026, and as of that date is repealed. (Added by Stats. 2023, Ch. 508, Sec. 31. (SB 814) Effective January 1, 2024. Repealed as of December 31, 2026, by its own provisions.)
  71. 9875.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.1. Motor Vehicle Replacement Parts [9875 - 9875.2] ( Chapter 20.1 added by Stats. 1989, Ch. 817, Sec. 2. )

    Verify source ↗

    This section defines “insurer,” “aftermarket crash part,” and “nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.1. Motor Vehicle Replacement Parts [9875 - 9875.2] ( Chapter 20.1 added by Stats. 1989, Ch. 817, Sec. 2. ) ## 9875. As used in this chapter, the following definitions shall apply: (a) “Insurer” includes an insurance company and any person authorized to represent the insurer with respect to a claim. (b) “Aftermarket crash part” means a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels. (c) “Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part” means aftermarket crash parts not made for or by the manufacturer of the motor vehicle. (Added by Stats. 1989, Ch. 817, Sec. 2.)
  72. 9875.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.1. Motor Vehicle Replacement Parts [9875 - 9875.2] ( Chapter 20.1 added by Stats. 1989, Ch. 817, Sec. 2. )

    Verify source ↗

    An insurer cannot require aftermarket crash parts unless the consumer is told in a written estimate before repairs begin.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.1. Motor Vehicle Replacement Parts [9875 - 9875.2] ( Chapter 20.1 added by Stats. 1989, Ch. 817, Sec. 2. ) ## 9875.1. No insurer shall require the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured’s motor vehicle, unless the consumer is advised in a written estimate of the use of nonoriginal equipment manufacturer aftermarket crash parts before repairs are made. In all instances where nonoriginal equipment manufacturer aftermarket crash parts are intended for use by an insurer: (a) The written estimate shall clearly identify each such part with the name of its nonoriginal equipment manufacturer or distributor. (b) A disclosure document containing the following information in 10-point type or larger type shall be attached to the insured’s copy of the estimate: “This estimate has been prepared based on the use of crash parts supplied by a source other than the manufacturer of your motor vehicle. Any warranties applicable to these replacement parts are provided by the manufacturer or distributor of the parts, rather than by the original manufacturer of your vehicle.” (Added by Stats. 1989, Ch. 817, Sec. 2.)
  73. 9875.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.1. Motor Vehicle Replacement Parts [9875 - 9875.2] ( Chapter 20.1 added by Stats. 1989, Ch. 817, Sec. 2. )

    Verify source ↗

    Violations of this chapter are enforced using the penalties in Insurance Code Section 790.06.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.1. Motor Vehicle Replacement Parts [9875 - 9875.2] ( Chapter 20.1 added by Stats. 1989, Ch. 817, Sec. 2. ) ## 9875.2. Any violation of this chapter shall be enforced by the penalties provided in Section 790.06 of the Insurance Code. (Added by Stats. 1989, Ch. 817, Sec. 2.)
  74. 9880.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    This section says Chapter 20.3 is the chapter on automotive repair dealers and may be cited as the Automotive Repair Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. ) ## 9880. This chapter constitutes the chapter on automotive repair dealers. It may be cited as the Automotive Repair Act. (Added by Stats. 1971, Ch. 1578.)
  75. 9880.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    This section defines terms used in the automotive repair chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. ) ## 9880.1. The following definitions apply for the purposes of this chapter: (a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles, or engages in the business of collecting compensation for automotive repair services that are referred or sublet to someone other than the dealer or their employees. (b) “Automotive technician” means an employee of an automotive repair dealer or that dealer, if the employer or dealer repairs motor vehicles and who, for salary or wage, performs repairs of motor vehicles as set forth in subdivision (k). (c) “Bureau” means the Bureau of Automotive Repair. (d) “Chief” means the Chief of the Bureau of Automotive Repair. (e) “Commercial business agreement” means an agreement, whether in writing or oral, entered into between a business or commercial enterprise and an automotive repair dealer, prior to the repair that is requested to be made, that contemplates a continuing business arrangement under which the automotive repair dealer is to repair any motor vehicle covered by the agreement, but does not mean any warranty or extended service agreement normally given by an automotive repair facility to its customers. (f) “Customer” means the person presenting a motor vehicle for repair and authorizing the repairs to that motor vehicle. “Customer” shall not mean the automotive repair dealer providing the repair services or an insurer involved in a claim that includes the motor vehicle being repaired or an employee or agent or a person acting on behalf of the dealer or insurer. (g) “Director” means the Director of Consumer Affairs. (h) “Motor vehicle” means a passenger vehicle required to be registered with the Department of Motor Vehicles and all motorcycles whether or not required to be registered by the Department of Motor Vehicles. (i) “Person” includes a firm, partnership, association, limited liability company, participating tribe, or corporation. (j) “Preventative maintenance services” means the following maintenance services: checking tire pressure and adding or relieving pressure, as necessary; rotating tires; changing transmission fluid, transmission filter, engine oil and filter, differential fluid, power steering fluid, and transfer case fluid; changing engine or cabin air filters, and external fuel filters; changing engine coolant; performing a fuel system induction service; replacing belts and windshield wiper blades; replacing light bulbs and restoring headlamps; adding oil or fuel treatments through the designated fill points; and topping off fluids; and all of the listed services include the removal, reinstallation, and replacement of any components necessary to perform each service, and the tapping of damaged threads without removal of any fluid pan. (k) “Repair of motor vehicles” means all maintenance of and repairs to motor vehicles performed by an automotive repair dealer, including automotive body repair work, but excluding those repairs made pursuant to a commercial business agreement and roadside services. (l) “Roadside services” means the services performed upon a motor vehicle for the purpose of transporting the vehicle or to permit it to be operated under its own power, by, or on behalf of, a motor club holding a certificate of authority pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code, or by an operator of a tow truck, as defined in Section 615 of the Vehicle Code, that is owned or operated by a person or entity who possesses a valid motor carrier permit, as described in Section 34620 of the Vehicle Code, and is enrolled in the Basic Inspection of Terminals program, as described in Section 34501.12 of the Vehicle Code. (Amended by Stats. 2024, Ch. 481, Sec. 21. (SB 1451) Effective January 1, 2025.)
  76. 9880.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Some automotive repair-related persons are exempt from registration, but a person in that exempt group must give the customer a bureau phone-number notice and a written description of remachining services before starting work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. ) ## 9880.2. The following persons are exempt from the requirement of registration: (a) An employee of an automotive repair dealer if the employee repairs motor vehicles only as an employee. (b) A person who solely engages in the business of repairing the motor vehicles of one or more commercial, industrial, or governmental establishments. (c) A person who is registered pursuant to Chapter 20 (commencing with Section 9800) and whose work is limited to the installation or replacement of a motor vehicle radio, antenna, audio recorder, audio playback equipment, ignition interlock device, or burglar alarm. (d) A person whose primary business is the wholesale supply of new or rebuilt automotive parts who solely engages in the remachining of individual automotive parts without compensation for warranty adjustments to those parts and who does not engage in repairing or diagnosing malfunctions of motor vehicles or motorcycles. “Primary business” means the business that accounts for the majority of the company’s gross sales. “Wholesale supply” means the sale, by a seller who possesses a California Resale Permit, of automotive parts to a retailer or jobber for the purpose of resale. However, a person described in this subdivision, prior to commencing work, shall do both of the following: (1) Provide a notice containing the bureau’s toll-free telephone number to the customer that the person is not regulated by the bureau. (2) Provide a written description of the remachining services to be performed to the customer. (Amended by Stats. 2012, Ch. 661, Sec. 16. (SB 1576) Effective January 1, 2013.)
  77. 9880.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The Bureau of Automotive Repair must put public protection first when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. ) ## 9880.3. Protection of the public shall be the highest priority for the Bureau of Automotive Repair in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 36. Effective January 1, 2003.)
  78. 9880.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The provision says the Bureau of Automotive Repair has an advisory group that meets quarterly and helps the bureau on regulatory issues and programs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. ) ## 9880.4. The Legislature finds and declares all of the following: (a) The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotive repair industry, education providers, consumers, and other stakeholders. The advisory group meets quarterly to provide input to the chief on bureau and other state regulatory programs. (b) It is the intent of the Legislature that the bureau continues to maintain a group of volunteer representatives to advise the bureau on regulatory issues and programs affecting the automotive repair industry. (Added by Stats. 2023, Ch. 681, Sec. 3. (AB 1263) Effective January 1, 2024.)
  79. 9880.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The bureau must license a federally recognized tribe that applies and otherwise complies with this chapter, and participating tribes are exempt from specified Secretary of State registration requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 1. General Provisions [9880 - 9880.5] ( Article 1 added by Stats. 1971, Ch. 1578. ) ## 9880.5. (a) As used in this chapter, the following definitions apply: (1) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) and includes an entity controlled by and established for the benefit of one or more tribes. (2) “Participating tribe” means a federally recognized tribe that formally applies for licensure from the bureau pursuant to subdivision (b). (b) The bureau shall license a federally recognized tribe that applies for licensure and is otherwise compliant with this chapter for the purpose of engaging in a business regulated by this chapter. (c) Nothing in this chapter is intended to infringe upon or diminish the existing rights, privileges, and immunities of federally recognized tribes as set forth in federal, state, or tribal law, or the jurisdiction of those participating tribes. (d) Nothing in this chapter, whether express or implied, shall confer upon the bureau or director any rights or authority to regulate any activity within the jurisdiction of a participating tribe. (e) Any requirement to register with the Secretary of State, maintain good standing with the Secretary of State, provide a corporate number issued by the Secretary of State, or any other associated requirement shall not apply to a participating tribe. (Added by Stats. 2024, Ch. 481, Sec. 22. (SB 1451) Effective January 1, 2025.)
  80. 9882.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may appoint certain clerical, inspection, investigation, and auditing personnel, including an assistant chief, and set their compensation. Those personnel must perform their duties under the chief’s supervision and direction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.1. The director in accordance with the State Civil Service Act, Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel, as well as an assistant chief, as may be necessary to carry out the provisions of this chapter except as otherwise provided by Section 159.5. All such personnel shall perform their respective duties under the supervision and the direction of the chief. (Added by Stats. 1971, Ch. 1578.)
  81. 9882.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The bureau must work with the Office of Traffic Safety, set standards for certified ignition interlock devices, and may charge manufacturers a fee to cover monitoring costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.14. (a) The bureau shall cooperate with the Office of Traffic Safety and adopt standards for the installation, maintenance, and servicing of certified ignition interlock devices by automotive repair dealers. (b) The manufacturers of certified ignition interlock devices shall comply with standards established by the bureau for the installation of those ignition interlock devices. (c) The bureau may charge manufacturers of certified interlock ignition devices a fee to recover the cost of monitoring installation standards. (d) (1) The director may issue a citation to, or suspend or revoke the registration of, an automotive repair dealer who installs, maintains, and services ignition interlock devices if the automotive repair dealer is not in compliance with subdivision (k) of Section 23575.3 of the Vehicle Code. (2) An automotive repair dealer shall provide to an individual receiving ignition interlock device services the information provided in subdivision (k) of Section 23575.3 of the Vehicle Code along with the contact telephone number of the bureau. (Amended by Stats. 2016, Ch. 783, Sec. 3. (SB 1046) Effective January 1, 2017.)
  82. 9882.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The Governor appoints the bureau chief, but the Senate must confirm the appointment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.2. The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor. (Amended by Stats. 2014, Ch. 255, Sec. 2. (SB 1242) Effective January 1, 2015.)
  83. 9882.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may have chapter powers or duties carried out in the director’s name by a deputy director, assistant director, or chief, if the director sets conditions and limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.3. Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to such conditions and limitations as the director may prescribe. (Added by Stats. 1971, Ch. 1578.)
  84. 9882.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director must keep a complete record of registered automotive repair dealers, and the bureau must send those dealers a newsletter at least twice a year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.4. The director shall keep a complete record of all registered automotive repair dealers showing the names and addresses of all such dealers. A copy of the roster shall be made available to any person requesting it upon the payment of such sum as shall be established by the chief as sufficient to cover the costs thereof. The bureau shall send to registered automotive repair dealers, at least twice a year, a newsletter which may describe recently adopted regulations, proposed regulations, disciplinary hearings, and any other information that the director shall determine will assist the bureau in its enforcement program. (Added by Stats. 1971, Ch. 1578.)
  85. 9882.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director must continuously investigate violations and gather evidence, and must set up procedures for public complaints. The director may also suggest compensation measures in response to alleged violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.5. The director shall on his or her own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of this chapter and of any regulation adopted pursuant to this chapter, by any automotive repair dealer or automotive technician, whether registered or not, and by any employee, partner, officer, or member of any automotive repair dealer. The director shall establish procedures for accepting complaints from the public against any dealer or automotive technician. The director may suggest measures that, in the director’s judgment, would compensate for any damages suffered as a result of an alleged violation. If the dealer accepts the suggestions and performs accordingly, such fact shall be given due consideration in any subsequent disciplinary proceeding. (Amended by Stats. 1998, Ch. 879, Sec. 24. Effective January 1, 1999.)
  86. 9882.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The department’s enforcement program must investigate certain violations, and the department may use undercover vehicles for that work under specified exemptions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 2. Administration [9882 - 9882.14] ( Article 2 added by Stats. 1971, Ch. 1578. ) ## 9882.6. (a) There is in the department an enforcement program that shall investigate violations of this chapter and the Motor Vehicle Inspection and Maintenance Program (Chapter 5 (commencing with Section 44000) of Part 5 of Division 2 of the Health and Safety Code) and any regulations adopted thereunder. (b) (1) When purchasing undercover vehicles to be used for evidentiary purposes as part of the investigation, the department may purchase motor vehicles of various makes, models, and condition. These acquisitions shall be exempt from the following requirements: (A) Chapter 5.5 (commencing with Section 8350) of Division 1 of Title 2 of the Government Code. (B) Section 12990 of the Government Code and any applicable regulations promulgated thereunder. (C) Subdivision (a) of Section 13332.09 of the Government Code. (D) Section 14841 of the Government Code and subdivision (d) of Section 999.5 of the Military and Veterans Code. (E) Sections 2010, 10286.1, 10295.1, 10295.3, 10295.35, 10296, and 12205 and Article 13 (commencing with Section 10475) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code. (F) Section 42480 of the Public Resources Code. (2) After purchase, the department may prepare the vehicle for use in an investigation by disabling, modifying, or otherwise changing the vehicle’s emission control system components or any other part or parts of the vehicle. To complete the investigation, the department may purchase or attempt to purchase repairs, services, or parts from those entities licensed or registered by the department. The funds for the preparation and purchases shall not be subject to the monetary limit specified in Section 16404 of the Government Code, but the department shall comply with all other provisions of that section. The department shall implement the safeguards necessary to ensure the proper use and disbursement of funds utilized pursuant to this section. These expenses may be paid out of the Consumer Affairs Fund established pursuant to Section 204. (3) Vehicles acquired pursuant to this subdivision shall be exempt from requirements established pursuant to Chapter 8.3 (commencing with Section 25722) of Division 15 of the Public Resources Code. (4) The department shall maintain an inventory of these vehicles and provide semiannual fleet reports to the Department of General Services, including, but not limited to, the vehicle’s identification number, equipment number, and acquisition and disposal information. (5) Records associated with these vehicles are exempt from disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (Amended by Stats. 2021, Ch. 615, Sec. 26. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  87. 9884.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Automotive repair dealers must pay the required fee for each place of business and register with the director on prescribed forms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884. (a) An automotive repair dealer shall pay the fee required by this chapter for each place of business operated by the dealer in this state and shall register with the director upon forms prescribed by the director. (b) (1) The forms shall contain sufficient information to identify the automotive repair dealer, including all of the following: (A) Name. (B) Telephone number. (C) Email address. (D) Address of each location. (E) A statement by the dealer that each location is in an area that, pursuant to local zoning ordinances, permits the operation of a facility for the repair of motor vehicles. (F) The dealer’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). (G) Motor vehicle license plate number, if engaged in mobile automotive repairs. (H) Other identifying data that are prescribed by the director. (2) If the business is to be carried on under a fictitious name, the fictitious name shall be stated. (3) To the extent prescribed by the director, an automotive repair dealer shall identify the owners, directors, officers, partners, members, trustees, managers, and any other persons who directly or indirectly control or conduct the business. (4) The forms shall include any applicable nationally recognized and industry-accepted educational certifications and any bureau-accepted educational certifications. (5) The forms shall include a statement signed by the dealer under penalty of perjury that the information provided is true. (c) A state agency is not authorized or required by this section to enforce a city, county, regional, air pollution control district, or air quality management district rule or regulation regarding the site or operation of a facility that repairs motor vehicles. (Amended by Stats. 2024, Ch. 497, Sec. 76. (SB 1526) Effective January 1, 2025.)
  88. 9884.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    A business with more than one automotive repair facility may file one annual application, but it must identify each facility’s location and manager, and fees are due for each location.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.1. Any business maintaining more than one automotive repair facility shall be permitted to file a single application annually, which along with the other information required by this article, clearly indicates the location of, and the individual in charge of, each facility. In that case, fees shall be paid for each location. (Amended by Stats. 1992, Ch. 674, Sec. 1. Effective January 1, 1993.)
  89. 9884.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    An automotive repair dealer must return replaced parts to the customer on request, unless an exemption applies, and must also offer to show certain parts when they must be returned to a manufacturer or distributor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.10. Upon request of the customer at the time the work order is taken, the automotive repair dealer shall return replaced parts to the customer at the time of the completion of the work excepting such parts as may be exempt because of size, weight, or other similar factors from this requirement by regulations of the department and excepting such parts as the automotive repair dealer is required to return to the manufacturer or distributor under a warranty arrangement. If such parts must be returned to the manufacturer or distributor, the dealer at the time the work order is taken shall offer to show, and upon acceptance of such offer or request shall show, such parts to the customer upon completion of the work, except that the dealer shall not be required to show a replaced part when no charge is being made for the replacement part. (Added by Stats. 1971, Ch. 1578.)
  90. 9884.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Automotive repair dealers must keep required records, allow reasonable inspection of those records by the chief or other law enforcement officials, and retain the records for at least three years.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.11. Each automotive repair dealer shall maintain any records that are required by regulations adopted to carry out this chapter. Those records shall be open for reasonable inspection by the chief or other law enforcement officials. All of those records shall be maintained for at least three years. (Amended by Stats. 1992, Ch. 674, Sec. 2. Effective January 1, 1993.)
  91. 9884.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Proceedings to deny, suspend, revoke, or place a registration on probation must follow the procedure in Chapter 5 of the Government Code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.12. All proceedings to deny, suspend, revoke, or place on probation a registration shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2009, Ch. 307, Sec. 97. (SB 821) Effective January 1, 2010.)
  92. 9884.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    If a valid registration expires, the director or chief still may investigate, hold disciplinary proceedings, and issue a decision invalidating the registration, temporarily or permanently.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.13. The expiration of a valid registration shall not deprive the director or chief of jurisdiction to proceed with any investigation or disciplinary proceeding against an automotive repair dealer or to render a decision invalidating a registration temporarily or permanently. (Added by Stats. 1971, Ch. 1578.)
  93. 9884.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    If someone is operating or trying to operate as an automotive repair dealer or mechanic in violation of this chapter or its regulations, the superior court must issue an injunction or similar order when the director or chief applies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.14. The superior court in and for the county wherein any person carries on, or attempts to carry on, a business as an automotive repair dealer or as a mechanic in violation of the provisions of this chapter, or any regulation made pursuant to this chapter, shall, on application of the director or the chief, issue an injunction or other appropriate order restraining such conduct. This section shall be cumulative to and shall not prohibit the enforcement of any other law. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that the director or chief shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury. (Amended by Stats. 1982, Ch. 517, Sec. 39.)
  94. 9884.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may file charges with the district attorney or city attorney against an automotive repair dealer that violates this chapter or related regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.15. The director may file charges with the district attorney or city attorney against any automotive repair dealer who violates the provisions of this chapter or any regulation made pursuant to this chapter. (Added by Stats. 1971, Ch. 1578.)
  95. 9884.16.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    A person who needs a valid registration under this chapter cannot claim liens, charge storage fees, or sue on a motor-vehicle-repair contract unless the person has a valid registration. The bureau may adopt regulations to carry out this section.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.16. (a) A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in accordance with applicable laws, or the right to sue on a contract for motor vehicle repairs unless the person possesses a valid registration. (b) The bureau may adopt regulations, as necessary, in accordance with Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of Division 3 of the Civil Code and Section 22524.5 of the Vehicle Code, and any regulations of the Insurance Commissioner pertaining to vehicle towing or storage fees, or both, adopted pursuant to Sections 758.5 and 790.03 of the Insurance Code, to carry out the provisions of this section. (Amended by Stats. 2023, Ch. 681, Sec. 6. (AB 1263) Effective January 1, 2024.)
  96. 9884.17.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The bureau must design and approve a sign for automotive repair dealer locations, and customers are entitled to get replaced parts back if they request them when the work order is taken.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.17. The bureau shall design and approve of a sign which shall be placed in all automotive repair dealer locations in a place and manner conspicuous to the public. That sign shall give notice that inquiries concerning service may be made to the bureau and shall contain the telephone number and Internet Web site address of the bureau. The sign shall also give notice that the customer is entitled to a return of replaced parts upon his or her request therefor at the time the work order is taken. (Amended by Stats. 2004, Ch. 572, Sec. 3. Effective January 1, 2005.)
  97. 9884.18.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    An individual may bring a civil action against an automotive repair dealer, and this chapter does not bar that lawsuit.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.18. Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against an automotive repair dealer by an individual. (Added by Stats. 1971, Ch. 1578.)
  98. 9884.19.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    The bureau may adopt, amend, or repeal regulations needed to carry out this chapter, and it must send copies of the chapter and those regulations to each registered repair dealer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.19. The bureau may adopt, amend or repeal in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code such regulations as may be reasonably necessary to carry out the provisions of this chapter in the protection of the public from fraudulent or misleading advertising by an automotive repair dealer, including formulation of definitions, to the extent feasible, of the terms “fraud,” “guarantee,” and words of like import, and of “negligence,” and guidelines for the suspension and revocation of licenses. The bureau shall distribute to each registered repair dealer copies of this chapter and of the regulations adopted pursuant to this chapter. (Added by Stats. 1971, Ch. 1578.)
  99. 9884.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    The director must issue the registration and send proof of issuance when the form is complete and the required fee has been paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.2. Upon receipt of the form properly filled out and receipt of the required fee, the director shall issue the registration and send a proof of issuance to the automotive repair dealer. The director shall by regulation prescribe conditions that he or she determines are necessary to ensure future compliance with this chapter, upon which a person, whose registration has previously been revoked or has previously been denied or who has committed acts prohibited by Section 9884.7 while an automotive repair dealer or mechanic or while an employee, partner, officer or member of an automotive repair dealer, may have his or her registration issued. (Amended by Stats. 2009, Ch. 307, Sec. 95. (SB 821) Effective January 1, 2010.)
  100. 9884.20.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    Accusations against automotive repair dealers must be filed within three years, or within two years after bureau discovery if the accusation alleges fraud or misrepresentation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.20. All accusations against automotive repair dealers shall be filed within three years after the performance of the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging fraud or misrepresentation as a ground for disciplinary action, the accusation may be filed within two years after the discovery, by the bureau, of the alleged facts constituting the fraud or misrepresentation. (Added by Stats. 2007, Ch. 354, Sec. 65. Effective January 1, 2008.)
  101. 9884.21.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    The director may issue a probationary registration and set conditions for it, and must consider dismissal proof and rehabilitation evidence when deciding. The director can later change or end the conditions, and must create standard probation terms that include a three-year limit and related requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.21. (a) Notwithstanding any other provision of law, the director may, in his or her sole discretion, issue a probationary registration to an applicant subject to terms and conditions deemed appropriate by the director, including, but not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary registration, the director shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall give special consideration to applicants whose convictions have been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code. (2) The director shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the director. (c) The director may modify or terminate the terms and conditions imposed on the probationary registration upon receipt of a petition from the applicant or registrant. (d) For purposes of issuing a probationary registration to qualified new applicants, the director shall develop standard terms of probation that shall include, but not be limited to, the following: (1) A three-year limit on the individual probationary registration. (2) A process to obtain a standard registration for applicants who were issued a probationary registration. (3) Supervision requirements. (4) Compliance and quarterly reporting requirements. (Added by Stats. 2008, Ch. 675, Sec. 13. Effective January 1, 2009.)
  102. 9884.22.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    The director may deny, suspend, or revoke certain registrations, and must give reasons for a denial. In some cases, the director must also provide the applicant’s criminal history record, keep copies of the request and response, and hold a hearing within 90 days of a hearing request.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.22. (a) Notwithstanding any other provision of law, the director may revoke, suspend, or deny at any time any registration required by this article on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. (b) The director may deny a registration to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for registration to an applicant, the director shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the director’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the director’s decision was based on the applicant’s prior criminal conviction, justifies the director’s denial of a registration and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a registered automotive repair dealer. (d) Commencing July 1, 2009, all of the following shall apply: (1) If the denial of a registration is due at least in part to the applicant’s state or federal criminal history record, the director shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of the applicant’s criminal history record if the applicant makes a written request to the director for a copy, specifying an address to which it is to be sent. (A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice. (B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the director to any employer. (C) The director shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent. (2) The director shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation. (e) Notwithstanding Section 487, the director shall conduct a hearing of a registration denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the director shall determine when the hearing shall be conducted. (Amended by Stats. 2021, Ch. 372, Sec. 6. (AB 471) Effective January 1, 2022.)
  103. 9884.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    A registration stops being valid one year after the last day of the month it was issued unless the automotive repair dealer pays the required renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.3. Every registration shall cease to be valid one year from the last day of the month in which registration was issued unless the automotive repair dealer has paid the renewal fee required by this chapter. (Amended by Stats. 1998, Ch. 970, Sec. 206. Effective January 1, 1999.)
  104. 9884.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    A registration stops being valid if the director finds that material information from the Section 9884 form is no longer current.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.4. A registration shall cease to be valid when the director finds that any of the information provided by the form specified in Section 9884, which the director by regulation deems material, ceases to be current. (Added by Stats. 1971, Ch. 1578.)
  105. 9884.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    A registration not renewed within three years after expiration cannot later be renewed, restored, or reinstated, and it is canceled when that three-year period ends.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.5. A registration that is not renewed within three years following its expiration shall not be renewed, restored, or reinstated thereafter, and the delinquent registration shall be canceled immediately upon expiration of the three-year period. An automotive repair dealer whose registration has been canceled by operation of this section shall obtain a new registration only if he or she again meets the requirements set forth in this chapter relating to registration, is not subject to denial under Section 480, and pays the applicable fees. An expired registration may be renewed at any time within three years after its expiration upon the filing of an application for renewal on a form prescribed by the bureau and the payment of all accrued renewal and delinquency fees. Renewal under this section shall be effective on the date on which the application is filed and all renewal and delinquency fees are paid. If so renewed, the registration shall continue in effect through the expiration date of the current registration year as provided in Section 9884.3, at which time the registration shall be subject to renewal. (Added by Stats. 1998, Ch. 970, Sec. 206.5. Effective January 1, 1999.)
  106. 9884.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    A person may not act as an automotive repair dealer unless registered under this chapter and the registration is currently valid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.6. (a) It is unlawful for any person to be an automotive repair dealer unless that person has registered in accordance with this chapter and unless that registration is currently valid. (b) A person who, for compensation, adjusts, installs, or tests retrofit systems for purposes of Chapter 6 (commencing with Section 44200) of Part 5 of Division 26 of the Health and Safety Code is an automotive repair dealer for purposes of this chapter. (Amended by Stats. 1985, Ch. 1138, Sec. 1.)
  107. 9884.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    The director may discipline an automotive repair dealer’s registration for listed misconduct, and must notify the applicant in writing if registration is denied.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.7. (a) The director, if the automotive repair dealer cannot show there was a bona fide error, may deny, suspend, revoke, or place on probation the registration of an automotive repair dealer for any of the following acts or omissions related to the conduct of the business of the automotive repair dealer, which are done by the automotive repair dealer or any automotive technician, employee, partner, officer, or member of the automotive repair dealer: (1) Making or authorizing in any manner or by any means whatever any statement written or oral which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading. (2) Causing or allowing a customer to sign any work order that does not state the repairs requested by the customer or the automobile’s odometer reading at the time of repair. (3) Failing or refusing to give to a customer a copy of any document requiring the customer’s signature as soon as the customer signs the document. (4) Any other conduct that constitutes fraud. (5) Conduct constituting gross negligence. (6) Failure in any material respect to comply with the provisions of this chapter or regulations adopted pursuant to it. (7) Any willful departure from or disregard of accepted trade standards for good and workmanlike repair in any material respect, which is prejudicial to another without consent of the owner or the owner’s duly authorized representative. (8) Making false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, service, or maintenance of automobiles. (9) Having repair work done by someone other than the dealer or the dealer’s employees without the knowledge or consent of the customer unless the dealer can demonstrate that the customer could not reasonably have been notified. (10) Conviction of a violation of Section 551 of the Penal Code. Upon denying a registration, the director shall notify the applicant thereof, in writing, by personal service or mail addressed to the address of the applicant set forth in the application, and the applicant shall be given a hearing under Section 9884.12 if, within 30 days thereafter, the applicant files with the bureau a written request for hearing, otherwise the denial is deemed affirmed. (b) Except as provided for in subdivision (c), if an automotive repair dealer operates more than one place of business in this state, the director pursuant to subdivision (a) shall only suspend, revoke, or place on probation the registration of the specific place of business which has violated any of the provisions of this chapter. This violation, or action by the director, shall not affect in any manner the right of the automotive repair dealer to operate the automotive repair dealer’s other places of business. (c) Notwithstanding subdivision (b), the director may suspend, revoke, or place on probation the registration for all places of business operated in this state by an automotive repair dealer upon a finding that the automotive repair dealer has, or is, engaged in a course of repeated and willful violations of this chapter, or regulations adopted pursuant to it. (d) (1) The director shall establish through regulation a program to certify providers of remedial training for automotive repair dealers who have violated this chapter, employees of automotive repair dealers who have violated this chapter, and persons identified pursuant to Section 9884 as directly or indirectly controlling or conducting an automotive repair dealer business that has violated this chapter. (2) Remedial training shall be available only for violations involving documentation or recordkeeping, or that the bureau determines to be minor in nature. Remedial training shall not be available if the violation constitutes fraud. (e) For purposes of this section, “fraud” includes, but is not limited to, violations of this chapter involving misrepresentations and all of the following: (1) Any act or omission that is included within the definition of either “actual fraud” or “constructive fraud,” as those terms are defined in Sections 1572 and 1573 of the Civil Code. (2) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact. (3) A promise or representation not made honestly and in good faith. (4) An intentional failure to disclose a material fact. (5) Any act in violation of Section 484 of the Penal Code. (Amended by Stats. 2021, Ch. 372, Sec. 4. (AB 471) Effective January 1, 2022.)
  108. 9884.76.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    An automotive repair dealer who replaces a deployed airbag in a written estimate must restore the airbag to its original operating condition, or the dealer commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.76. Notwithstanding Section 9889.20, an automotive repair dealer who prepares a written estimate for repairs pursuant to Section 9884.9 that includes replacement of a deployed airbag that is part of an inflatable restraint system, and who fails to restore the airbag that is part of an inflatable restraint system to its original operating condition, where the customer has paid for the replacement of the deployed airbag as provided in the estimate, is guilty of a misdemeanor punishable by a fine of five thousand dollars ($5,000) or by imprisonment in a county jail for one year, or by both that fine and imprisonment. (Added by Stats. 2011, Ch. 430, Sec. 1. (SB 869) Effective January 1, 2012.)
  109. 9884.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    An automotive repair dealer must put all work, parts, prices, tax details, and part-type disclosures on an invoice, and provide one copy to the customer while keeping one copy.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.8. All work done by an automotive repair dealer, including all warranty work, shall be recorded on an invoice and shall describe all service work done and parts supplied. Service work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for service work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each. If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt or reconditioned parts, that invoice shall clearly state that fact. The invoice shall include a statement indicating whether any crash parts are original equipment manufacturer crash parts or nonoriginal equipment manufacturer aftermarket crash parts. One copy of the invoice shall be given to the customer and one copy shall be retained by the automotive repair dealer. (Amended by Stats. 2000, Ch. 336, Sec. 1. Effective January 1, 2001.)
  110. 9884.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. )

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    Automotive repair dealers must give customers written estimates, get authorization before work or charges, and get consent before charging for extra work or parts beyond the estimate, with specific rules for oral consent, outside services, and auto body repairs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 3. Registration Procedure [9884 - 9884.22] ( Article 3 added by Stats. 1971, Ch. 1578. ) ## 9884.9. (a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job, except as provided in subdivision (e). No work shall be done and no charges shall accrue before authorization to proceed is obtained from the customer. No charge shall be made for work done or parts supplied in excess of the estimated price, or the posted price specified in subdivision (e), without the oral or written consent of the customer that shall be obtained at some time after it is determined that the estimated or posted price is insufficient and before the work not estimated or posted is done or the parts not estimated or posted are supplied. Written consent or authorization for an increase in the original estimated or posted price may be provided by electronic mail or facsimile transmission from the customer. The bureau may specify in regulation the procedures to be followed by an automotive repair dealer if an authorization or consent for an increase in the original estimated price is provided by electronic mail or facsimile transmission. If that consent is oral, the dealer shall make a notation on the work order of the date, time, name of person authorizing the additional repairs, and telephone number called, if any, together with a specification of the additional parts and labor and the total additional cost, and shall do either of the following: (1) Make a notation on the invoice of the same facts set forth in the notation on the work order. (2) Upon completion of the repairs, obtain the customer’s signature or initials to an acknowledgment of notice and consent, if there is an oral consent of the customer to additional repairs, in the following language: “I acknowledge notice and oral approval of an increase in the original estimated price. _____ _____ (signature or initials)” Nothing in this section shall be construed as requiring an automotive repair dealer to give a written estimated price if the dealer does not agree to perform the requested repair. (b) The automotive repair dealer shall include with the written estimated price a statement of any automotive repair service that, if required to be done, will be done by someone other than the dealer or his or her employees. No service shall be done by other than the dealer or his or her employees without the consent of the customer, unless the customer cannot reasonably be notified. The dealer shall be responsible, in any case, for any service in the same manner as if the dealer or his or her employees had done the service. (c) In addition to subdivisions (a) and (b), an automotive repair dealer, when doing auto body or collision repairs, shall provide an itemized written estimate for all parts and labor to the customer. The estimate shall describe labor and parts separately and shall identify each part, indicating whether the replacement part is new, used, rebuilt, or reconditioned. Each crash part shall be identified on the written estimate and the written estimate shall indicate whether the crash part is an original equipment manufacturer crash part or a nonoriginal equipment manufacturer aftermarket crash part. (d) A customer may designate another person to authorize work or parts supplied in excess of the estimated price, if the designation is made in writing at the time that the initial authorization to proceed is signed by the customer. The bureau may specify in regulation the form and content of a designation and the procedures to be followed by the automotive repair dealer in recording the designation. For the purposes of this section, a designee shall not be the automotive repair dealer providing repair services or an insurer involved in a claim that includes the motor vehicle being repaired, or an employee or agent or a person acting on behalf of the dealer or insurer. (e) A written estimate is not required for an automotive repair dealer to perform any of the preventative maintenance services defined in Section 9880.1 if the customer authorizes the service and either of the following occurs: (1) The service is performed free of charge. (2) The total price for labor and parts necessary to perform the service is displayed in a place and manner conspicuous to the customer or is made available to and acknowledged by the customer at the automotive repair facility where the service is performed. (Amended by Stats. 2018, Ch. 503, Sec. 3. (AB 3141) Effective January 1, 2019.)
  111. 9886.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Fees and revenues collected under this chapter and the related Health and Safety Code chapter must be paid into the State Treasury for the Vehicle Inspection and Repair Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. ) ## 9886. All fees and revenues collected pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code shall be paid into the State Treasury to the credit of the Vehicle Inspection and Repair Fund, which is hereby created. (Amended by Stats. 1988, Ch. 1544, Sec. 1.)
  112. 9886.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director must report monthly to the Controller on the prior month’s fees and revenues and then pay those amounts into the State Treasury for the Vehicle Inspection and Repair Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. ) ## 9886.1. The director shall report to the Controller at the beginning of each month, for the month preceding, the amount and source of all fees and revenues received by the department pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code, and at that time shall pay the entire amount of those fees and revenues into the State Treasury for credit to the Vehicle Inspection and Repair Fund. (Amended by Stats. 1988, Ch. 1544, Sec. 2.)
  113. 9886.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Money in the Vehicle Inspection and Repair Fund may be made available to the department for administering the chapter and related Health and Safety Code provisions, if appropriated for that purpose.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. ) ## 9886.2. The money in the Vehicle Inspection and Repair Fund necessary for the administration of this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code is available to the department, when appropriated for those purposes. (Amended by Stats. 1998, Ch. 970, Sec. 207. Effective January 1, 1999.)
  114. 9886.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director sets chapter fees within stated limits for automotive repair dealer registration and renewal.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. ) ## 9886.3. The fees prescribed by this chapter shall be set by the director in an amount estimated to provide for the administration of this chapter within the limits of the following schedule: (a) The automotive repair dealer registration fee is not more than two hundred dollars ($200), for each place of business in this state. (b) The annual renewal fee for an automotive repair dealer registration shall not be more than two hundred dollars ($200) for each place of business in this state, if renewed prior to its expiration date. (c) The renewal fee for a registration that is not renewed prior to its expiration date shall be 11/2 times the renewal fee required for a registration renewal prior to its expiration date, but not more than the renewal fee plus fifty dollars ($50). (Amended by Stats. 1991, Ch. 386, Sec. 2.)
  115. 9886.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Costs, salaries, and expenses covered by this chapter and the related Health and Safety Code chapter must be paid only from the Vehicle Inspection and Repair Fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 4. Revenue [9886 - 9886.4] ( Article 4 added by Stats. 1971, Ch. 1578. ) ## 9886.4. All salaries, expenses, or costs incurred or sustained pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code shall be payable only out of the Vehicle Inspection and Repair Fund. (Amended by Stats. 1988, Ch. 1544, Sec. 4.)
  116. 9887.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may issue and regulate certain automotive repair licenses, and expired licensees must stop the licensed activity immediately.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. ) ## 9887.1. The director shall have the authority to issue licenses for official lamp and brake adjusting stations and shall license lamp and brake adjusters. The licenses shall be issued in accordance with this chapter and regulations adopted by the director pursuant thereto. The director shall establish by regulation the terms of adjusters’ licenses as are necessary for the practical administration of the provisions relating to adjusters, but those terms shall not be for less than one nor more than four years. Licenses may be renewed upon application and payment of the renewal fees if the application for renewal is made within the 30-day period prior to the date of expiration. Persons whose licenses have expired shall immediately cease the activity requiring a license, but the director shall accept applications for renewal during the 30-day period following the date of expiration if they are accompanied by a new license fee. In no case shall a license be renewed where the application is received more than 30 days after the date of expiration. (Amended by Stats. 1990, Ch. 1433, Sec. 1. Conditionally repealed pursuant to Section 9887.5.)
  117. 9887.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    License applications must include the required fee and use the director’s form; for lamp or brake adjuster licenses, applicants must also show experience and qualifications under the director’s standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. ) ## 9887.2. Each application for a new or renewal license shall be accompanied by a fee of ten dollars ($10) for a new license or five dollars ($5) for a renewal license. The application shall be made upon a form furnished by the director. It shall contain such information concerning the applicant’s background and experience as the director may prescribe, in addition to other information required by law. No license as a lamp or brake adjuster shall be issued or renewed unless the applicant has demonstrated his or her experience and qualifications in accordance with such standards and examinations as the director may prescribe. (Amended by Stats. 1990, Ch. 1433, Sec. 2. Conditionally repealed pursuant to Section 9887.5.)
  118. 9887.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Some license changes require returning the old license and filing a new application; duplicate licenses can be issued for lost, destroyed, or mutilated licenses for a fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. ) ## 9887.3. (a) Licenses issued by the director shall not be transferable. (b) In the event of a change of name of a licensee, not involving a change of ownership, or of a change of address of a licensed station, the license shall be returned to the director for cancellation, and a new license application form shall be submitted. The director shall cancel the returned license and issue a new license for the unexpired term without fee. (c) If the owner of a licensed station desires to vacate the license in favor of another license permitting a greater or lesser scope of activity, the license to be vacated shall be returned to the director for cancellation and an application shall be submitted for the new license accompanied by the ten-dollar ($10) new license fee. (d) In the event of loss, destruction, or mutilation of a license issued by the director, the person to whom it was issued may obtain a duplicate upon furnishing satisfactory proof of such fact and paying a fee of two dollars ($2). Any person who loses a license issued by the director and who, after obtaining a duplicate, finds the original license shall immediately surrender the original license to the director. (Amended by Stats. 1972, Ch. 967. Conditionally repealed pursuant to Section 9887.5.)
  119. 9887.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The section says it is unlawful to violate any regulation adopted by the director under Articles 5, 6, and 7 of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. ) ## 9887.4. It is unlawful to violate any regulation adopted by the director pursuant to Articles 5, 6, and 7 of this chapter. (Added by Stats. 1971, Ch. 1578. Conditionally repealed pursuant to Section 9887.5.)
  120. 9887.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    This article stays in force only until six months after the director’s regulations under Article 6.5 take effect, and then it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 5. Licenses [9887.1 - 9887.5] ( Article 5 added by Stats. 1971, Ch. 1578. ) ## 9887.5. This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed. (Amended by Stats. 2023, Ch. 681, Sec. 7. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 5, commencing with Section 9887.1.)
  121. 9888.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. )

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    This section defines “station,” “licensed station,” and “licensed adjuster” for the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. ) ## 9888.1. As used in this chapter: (a) “Station” means a lamp adjusting station or a brake adjusting station. (b) “Licensed station” means a station licensed by the bureau pursuant to this chapter. (c) “Licensed adjuster” means a person licensed by the bureau for adjusting lamps in licensed lamp adjusting stations or for adjusting brakes in licensed brake adjusting stations. (Amended by Stats. 1990, Ch. 1433, Sec. 4. Conditionally repealed pursuant to Section 9888.4.1.)
  122. 9888.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. )

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    The director must make regulations setting equipment and qualification requirements for stations and adjusters, and may approve certain testing and calibration equipment and laboratories after consulting the California Highway Patrol.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. ) ## 9888.2. The director shall adopt regulations which prescribe the equipment and other qualifications of any station as a condition to licensing the station as an official station for adjusting lamps or brakes and shall prescribe the qualifications of adjusters employed therein. After consulting with the Department of the California Highway Patrol, the director may, by regulation, approve testing and calibrating equipment, which is capable of measuring or calibrating the standards imposed by statute and by rules and regulations, for use in official stations, and may approve the testing laboratories and the equipment they use to certify the performance of testing and calibrating equipment. (Amended by Stats. 1990, Ch. 1433, Sec. 5. Conditionally repealed pursuant to Section 9888.4.1.)
  123. 9888.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. )

    Verify source ↗

    A person may not operate an official lamp or brake adjusting station unless the director has issued a license, and may not issue certain official adjustment certificates unless the issuer is a licensed lamp or brake adjuster.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. ) ## 9888.3. No person shall operate an “official” lamp or brake adjusting station unless a license therefor has been issued by the director. No person shall issue, or cause or permit to be issued, any certificate purporting to be an official lamp adjustment certificate unless he or she is a licensed lamp adjuster or an official brake adjustment certificate unless he or she is a licensed brake adjuster. (Amended by Stats. 1990, Ch. 1433, Sec. 6. Conditionally repealed pursuant to Section 9888.4.1.)
  124. 9888.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. )

    Verify source ↗

    A qualifying fleet owner may be licensed as a station if the owner follows the bureau’s rules, and fleet owner stations may only certify lamp or brake adjustments on vehicles in that fleet.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. ) ## 9888.4. An owner of a fleet of three or more vehicles who is not an interstate carrier may be licensed by the director as a licensed station, if the owner complies with the rules and regulations of the bureau. Those fleet owner stations shall not certify the adjustment of lamps or brakes except on vehicles which constitute the owner’s fleet. (Amended by Stats. 1990, Ch. 1433, Sec. 7. Conditionally repealed pursuant to Section 9888.4.1.)
  125. 9888.4.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. )

    Verify source ↗

    This article stays in effect only until six months after the director’s regulations under Article 6.5 take effect, and then it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6. Lamp and Brake Adjusting Stations [9888.1 - 9888.4.1] ( Heading of Article 6 amended by Stats. 1990, Ch. 1433, Sec. 3. ) ## 9888.4.1. This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed. (Amended by Stats. 2023, Ch. 681, Sec. 8. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 6, commencing with Section 9888.1.)
  126. 9888.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6.5. Vehicle Safety Systems Inspection [9888.5 - 9888.6] ( Article 6.5 added by Stats. 2021, Ch. 372, Sec. 9. )

    Verify source ↗

    The director must set inspection standards, issue vehicle safety systems inspection licenses, adopt regulations by January 1, 2024, and prescribe the compliance form; electronic issuance is allowed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6.5. Vehicle Safety Systems Inspection [9888.5 - 9888.6] ( Article 6.5 added by Stats. 2021, Ch. 372, Sec. 9. ) ## 9888.5. (a) The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. (b) The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses. (c) By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following: (1) Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components. (2) The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). (3) The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station. (d) The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article. (e) The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c). (Amended by Stats. 2023, Ch. 681, Sec. 9. (AB 1263) Effective January 1, 2024.)
  127. 9888.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6.5. Vehicle Safety Systems Inspection [9888.5 - 9888.6] ( Article 6.5 added by Stats. 2021, Ch. 372, Sec. 9. )

    Verify source ↗

    A licensee must issue a certificate of compliance to the vehicle owner or driver if the inspection and any needed repairs show the safety systems meet the director’s standards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 6.5. Vehicle Safety Systems Inspection [9888.5 - 9888.6] ( Article 6.5 added by Stats. 2021, Ch. 372, Sec. 9. ) ## 9888.6. (a) A licensee shall issue to the owner or driver of a vehicle a certificate of compliance on a form prescribed by the director if, after conducting an inspection of, and any necessary repair to, the safety systems of the vehicle, the licensee determines that the safety systems conform with the inspection criteria and standards adopted by the director. (b) (1) The director may require a licensee to electronically transmit to the department a record of each certificate of compliance issued. (2) The department may, for each transmission pursuant to this subdivision, charge a licensee a transaction fee established by the department that shall be only sufficient to cover the actual regulatory costs of administering those transmissions. (c) The director may electronically transmit to the Department of Motor Vehicles certificates of compliance issued by licensees. (d) (1) The director shall evaluate the feasibility of augmenting existing database systems to support the charging of fees with respect to, and the issuance and tracking of, certificates of compliance. (2) The director may enter into a contract for services necessary to maintain and operate an electronic certificate system for the program. (Added by Stats. 2021, Ch. 372, Sec. 9. (AB 471) Effective January 1, 2022.)
  128. 9889.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may suspend or revoke certain licenses, may refuse to issue a license to an applicant for reasons in Section 9889.2, and must conduct proceedings under this article according to the referenced Government Code procedure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.1. Any license issued pursuant to Article 6.5 (commencing with Section 9888.5) may be suspended or revoked by the director. The director may refuse to issue a license to any applicant for the reasons set forth in Section 9889.2. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. (Amended by Stats. 2025, Ch. 592, Sec. 24. (SB 861) Effective January 1, 2026.)
  129. 9889.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    After certain suspensions, the director may reinstate a license if the applicant proves compliance with the reinstatement decision. After revocation, the license cannot be reinstated or reissued for one year.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.10. After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement. After revocation of a license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of revocation. (Added by Stats. 1971, Ch. 1578.)
  130. 9889.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. )

    Verify source ↗

    This section says that “station,” “licensed station,” and “licensed adjuster” are defined by Article 6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. ) ## 9889.15. As used in this article, “station,” “licensed station,” and “licensed adjuster” have the same meaning as defined in Article 6 (commencing with Section 9888.1). (Amended by Stats. 1990, Ch. 1433, Sec. 9. Conditionally repealed pursuant to Section 9889.19.1.)
  131. 9889.16.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. )

    Verify source ↗

    A licensed adjuster in a licensed station must issue a certificate of adjustment when the vehicle’s lamps or brakes comply with the Vehicle Code and the owner or driver requests it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. ) ## 9889.16. Whenever a licensed adjuster in a licensed station upon an inspection or after an adjustment, made in conformity with the instructions of the bureau, determines that the lamps or the brakes upon any vehicle conform with the requirements of the Vehicle Code, the adjuster shall, when requested by the owner or driver of the vehicle, issue a certificate of adjustment on a form prescribed by the director, which certificate shall contain the date of issuance, the make and registration number of the vehicle, the name of the owner of the vehicle, and the official license of the station. (Amended by Stats. 2019, Ch. 497, Sec. 15. (AB 991) Effective January 1, 2020. Conditionally repealed pursuant to Section 9889.19.1.)
  132. 9889.19.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. )

    Verify source ↗

    The director may charge a fee for lamp and brake adjustment certificates, but licensed stations must charge the same amount. The fee is set by regulation and cannot create total estimated revenue above the bureau’s estimated cost of administering the chapter, when combined with certain other fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. ) ## 9889.19. The director may charge a fee for lamp and brake adjustment certificates furnished to licensed stations. The fee charged shall be established by regulation and shall not produce a total estimated revenue which, together with license fees or certification fees charged pursuant to Sections 9886.3, 9887.2, and 9887.3, is in excess of the estimated total cost to the bureau of the administration of this chapter. The fee charged by licensed stations for lamp and brake adjustment certificates shall be the same amount the director charges. (Amended by Stats. 1990, Ch. 1433, Sec. 12. Conditionally repealed pursuant to Section 9889.19.1.)
  133. 9889.19.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. )

    Verify source ↗

    This article stays in force only until six months after the director’s regulations under Article 6.5 become effective, and then it is repealed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 8. Lamp and Brake Adjustment Certificates [9889.15 - 9889.19.1] ( Heading of Article 8 amended by Stats. 1990, Ch. 1433, Sec. 8. ) ## 9889.19.1. This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed. (Amended by Stats. 2023, Ch. 681, Sec. 10. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 8, commencing with Section 9889.15.)
  134. 9889.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may deny a license if the applicant or certain associated persons meet any listed disqualifying conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.2. The director may deny a license if the applicant or any partner, officer, or director thereof: (a) Fails to meet the qualifications established by the bureau pursuant to Article 6.5 (commencing with Section 9888.5) for the issuance of the license applied for. (b) Was previously the holder of a license issued under this chapter which license has been revoked and never reissued or which license was suspended and the terms of the suspension have not been fulfilled. (c) Has committed any act which, if committed by any licensee, would be grounds for the suspension or revocation of a license issued pursuant to this chapter. (d) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or whereby the applicant has benefited. (e) Has acted in the capacity of a licensed person or firm under this chapter without having a license therefor. (f) Has entered a plea of guilty or nolo contendere to, or been found guilty of, or been convicted of a crime substantially related to the qualifications, functions and duties of the license holder in question, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following such conviction, suspending the imposition of sentence, or of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation or information. (Amended by Stats. 2025, Ch. 592, Sec. 25. (SB 861) Effective January 1, 2026.)
  135. 9889.20.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 9. Penalties [9889.20 - 9889.22] ( Article 9 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    A person who violates this chapter, unless Section 9889.21 says otherwise, commits a misdemeanor and may be fined up to $1,000, jailed up to six months, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 9. Penalties [9889.20 - 9889.22] ( Article 9 added by Stats. 1971, Ch. 1578. ) ## 9889.20. Except as otherwise provided in Section 9889.21, any person who fails to comply in any respect with the provisions of this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both that fine and imprisonment. (Amended by Stats. 2010, Ch. 328, Sec. 20. (SB 1330) Effective January 1, 2011.)
  136. 9889.22.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 9. Penalties [9889.20 - 9889.22] ( Article 9 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Willfully making a false statement or entry about a material matter in certain required repair-related documents is perjury and is punishable under the Penal Code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 9. Penalties [9889.20 - 9889.22] ( Article 9 added by Stats. 1971, Ch. 1578. ) ## 9889.22. The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code constitutes perjury and is punishable as provided in the Penal Code. (Added by Stats. 1986, Ch. 951, Sec. 5.)
  137. 9889.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may suspend, revoke, or otherwise discipline a license if the licensee or certain related officers/partners/directors commit one of the listed violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.3. The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee or any partner, officer, or director thereof: (a) Violates any section of the Business and Professions Code that relates to his or her licensed activities. (b) Is convicted of any crime substantially related to the qualifications, functions, or duties of the licenseholder in question. (c) Violates any of the regulations promulgated by the director pursuant to this chapter. (d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured. (e) Has misrepresented a material fact in obtaining a license. (f) Aids or abets an unlicensed person to evade the provisions of this chapter. (g) Fails to make and keep records showing his or her transactions as a licensee, or fails to have the records available for inspection by the director or his or her duly authorized representative for a period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a written request of the director to make the record available for inspection. (h) Violates or attempts to violate the provisions of this chapter relating to the particular activity for which he or she is licensed. (i) Is convicted of a violation of Section 551 of the Penal Code. (Amended by Stats. 2009, Ch. 307, Sec. 98. (SB 821) Effective January 1, 2010.)
  138. 9889.30.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10. Used Tires [9889.30- 9889.30.] ( Article 10 added by Stats. 2019, Ch. 266, Sec. 1. )

    Verify source ↗

    An automotive repair dealer must not install an unsafe used tire on a motor vehicle for highway use, and must use a visual inspection to decide whether a tire is unsafe.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10. Used Tires [9889.30- 9889.30.] ( Article 10 added by Stats. 2019, Ch. 266, Sec. 1. ) ## 9889.30. (a) (1) Subject to subdivision (b), an automotive repair dealer shall not install an unsafe used tire on a motor vehicle for use on a highway, as defined in Section 360 of the Vehicle Code. (2) For purposes of this section, “unsafe used tire” means a used tire to which any of the following criteria applies: (A) The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread. (B) The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes, or wear. (C) The tire has any repair in the tread shoulder or belt edge area. (D) The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside. (E) The tire has repair to the sidewall or bead area. (F) The tire has a puncture repair of damage larger than one-fourth of one inch. (G) The tire shows evidence of prior use of a temporary tire sealant to repair a puncture or damage to the tire without evidence of a subsequent proper repair. (H) The tire has a defaced or removed United States Department of Transportation tire identification number. (I) The tire has any inner liner damage or bead damage. (J) The tire shows indication of internal separation, such as bulges or local areas of irregular tread wear indicating a distortion in the tread area when compared to other areas of the tread, or belt separation. (b) This section does not apply to tire repairs, tire rotations, tire balancing, or a tire mounted on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle. As used in this subdivision, “tire repair” means repairing a puncture in the tire tread area that is no larger than one-fourth of one inch in diameter, has not caused any internal damage to the tire, and is repaired according to industry standards. (c) Except as set forth in subparagraph (A) of paragraph (2) of subdivision (a), an automotive repair dealer shall use a visual inspection to determine whether a tire meets the criteria of an unsafe used tire. (Added by Stats. 2019, Ch. 266, Sec. 1. (AB 949) Effective January 1, 2020.)
  139. 9889.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    A guilty plea, verdict, or nolo contendere conviction counts as a conviction here, and the director may suspend, revoke, or refuse a license after appeal time ends or conviction is affirmed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.4. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The director may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw the person’s plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 2019, Ch. 497, Sec. 14. (AB 991) Effective January 1, 2020.)
  140. 9889.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director may discipline a licensee after a hearing, including probation, suspension, or revocation of the license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.5. The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following: (a) Imposing probation upon terms and conditions to be set forth by the director. (b) Suspending the license. (c) Revoking the license. (Added by Stats. 1971, Ch. 1578.)
  141. 9889.50.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. )

    Verify source ↗

    The Legislature states that California has a need for stronger auto body repair standards because unsafe and incompetent repairs can harm vehicle owners.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. ) ## 9889.50. The Legislature finds the following: (1) Thousands of California automobile owners each year require repair of their vehicles as a result of collision or other damage. (2) California automobile owners are suffering direct and indirect harm through unsafe, improper, incompetent, and fraudulent auto body repairs. (3) There is a lack of proper training and equipment that auto body repair shops need to meet the demands of the highly evolved and sophisticated automobile manufacturing industry. (4) California has no minimum standards or requirements for auto body repair shops. (5) Existing laws currently regulating the auto body industry could be strengthened. (6) There is a compelling need to increase competency and standards for the auto body repair industry. (Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
  142. 9889.51.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. )

    Verify source ↗

    This section defines “auto body repair shop.”

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. ) ## 9889.51. “Auto body repair shop” means a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed. (Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
  143. 9889.52.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. )

    Verify source ↗

    An applicant for auto body repair shop registration must identify itself as such if it intends to do auto body repair, and must include a signed statement about required licenses or permits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. ) ## 9889.52. An application for registration pursuant to Section 9884 shall designate that the applicant is registering as an auto body repair shop if the applicant intends to perform auto body repair. In addition, an application for registration to operate an auto body repair shop shall include a written statement signed under penalty of perjury that the applicant has been issued licenses or permits, if required by law, including, but not limited to, all of the following: (1) A city or county business license. (2) A State Board of Equalization identification or resale permit number. (3) An Environmental Protection Agency hazardous waste permit number. (4) An Air Quality Management District spray booth permit number. (Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
  144. 9889.53.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. )

    Verify source ↗

    A check or draft issued to a repairer under Insurance Code Section 560 must include the repairer’s registration number or taxpayer identification number.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 10.5. Auto Body Repair [9889.50 - 9889.53] ( Article 10.5 added by Stats. 1995, Ch. 445, Sec. 2. ) ## 9889.53. A check or draft issued to a repairer pursuant to Section 560 of the Insurance Code shall include the repairer’s registration number or taxpayer identification number. (Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
  145. 9889.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    If a suspension or revocation order becomes effective, the licensee must surrender the license to the director.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.6. Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the director. (Added by Stats. 1971, Ch. 1578.)
  146. 9889.66.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 11. Auto Body Repair Study [9889.66 - 9889.68] ( Article 11 added by Stats. 1992, Ch. 479, Sec. 3. )

    Verify source ↗

    The registration form must include enough information for the Bureau of Automotive Repair to identify all registrants doing automotive collision repair work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 11. Auto Body Repair Study [9889.66 - 9889.68] ( Article 11 added by Stats. 1992, Ch. 479, Sec. 3. ) ## 9889.66. The form for registration pursuant to Section 9884 shall contain sufficient information to enable the Bureau of Automotive Repair to identify all registrants performing automotive collision repair work. (Added by Stats. 1992, Ch. 479, Sec. 3. Effective January 1, 1993.)
  147. 9889.68.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 11. Auto Body Repair Study [9889.66 - 9889.68] ( Article 11 added by Stats. 1992, Ch. 479, Sec. 3. )

    Verify source ↗

    Auto insurance companies must put the repairer’s registration number or Tax Payer Identification Number on checks or drafts issued to repairers under Insurance Code Section 560.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 11. Auto Body Repair Study [9889.66 - 9889.68] ( Article 11 added by Stats. 1992, Ch. 479, Sec. 3. ) ## 9889.68. Any auto insurance company check or draft issued to a repairer pursuant to Insurance Code Section 560 shall include the repairer’s registration number or Tax Payer Identification Number. (Added by Stats. 1992, Ch. 479, Sec. 3. Effective January 1, 1993.)
  148. 9889.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    The director keeps jurisdiction even if a license expires, is suspended, or is voluntarily surrendered, and may still investigate, act, conduct disciplinary proceedings, and decide to suspend or revoke the license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.7. The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the director of jurisdiction to proceed with any investigation of or action or disciplinary proceedings against such licensee, or to render a decision suspending or revoking such license. (Added by Stats. 1971, Ch. 1578.)
  149. 9889.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    Accusations against licensees generally must be filed within 3 years of the act or omission, but certain Section 9889.3(d) fraud or misrepresentation accusations may be filed within 2 years after the bureau discovers the facts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.8. All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (d) of Section 9889.3, the accusation may be filed within two years after the discovery by the bureau of the alleged facts constituting the fraud or misrepresentation prohibited by that section. (Amended by Stats. 2001, Ch. 357, Sec. 3. Effective January 1, 2002.)
  150. 9889.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. )

    Verify source ↗

    If a license is revoked or suspended after a hearing under this article, the director may also revoke or suspend any additional license issued under Article 6.5 in the licensee’s name.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 20.3. Automotive Repair [9880 - 9889.68] ( Chapter 20.3 added by Stats. 1971, Ch. 1578. ) ## ARTICLE 7. Denial, Suspension and Revocation [9889.1 - 9889.10] ( Article 7 added by Stats. 1971, Ch. 1578. ) ## 9889.9. When any license has been revoked or suspended following a hearing under the provisions of this article, any additional license issued under Article 6.5 (commencing with Section 9888.5) in the name of the licensee may be likewise revoked or suspended by the director. (Amended by Stats. 2025, Ch. 592, Sec. 26. (SB 861) Effective January 1, 2026.)
  151. 9998.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    This chapter applies only to nonagricultural workers under the federal H-2B visa program, and, starting July 1, 2027, to agricultural workers under the federal H-2A visa program.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998. This chapter shall apply only to the following: (a) Nonagricultural workers under the federal H-2B visa program established pursuant to Section 101(a)(15)(H)(ii)(b) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(b)). (b) On and after July 1, 2027, agricultural workers under the federal H-2A visa program established pursuant to Section 101(a)(15)(H)(ii)(a) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)). (Repealed and added by Stats. 2025, Ch. 190, Sec. 3. (AB 1362) Effective January 1, 2026.)
  152. 9998.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the foreign labor contractors chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.1. The following definitions are applicable to this chapter: (a) “Person” includes any natural person, company, firm, partnership or joint venture, association, corporation, limited liability company, or sole proprietorship. (b) “Foreign labor contracting activity” means recruiting or soliciting for compensation a foreign worker who resides outside of the United States in furtherance of that worker’s employment in California, including when that activity occurs wholly outside the United States. “Foreign labor contracting activity” does not include the services of an employer, or employee of an employer, if those services are provided directly to foreign workers solely to find workers for the employer’s own use. (c) “Foreign worker” means any person seeking employment who is not a United States citizen or permanent resident but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor pursuant to Section 101(a)(15)(H)(ii)(b) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(b)). “Foreign worker” shall also include any worker described in Section 9998. (d) “Foreign labor contractor” means any person who performs foreign labor contracting activity, including any person who performs foreign labor contracting activity wholly outside the United States, except that the term does not include any entity of federal, state, or local government. “Foreign labor contractor” does not include a person licensed by the Labor Commissioner as a talent agency under Chapter 4 (commencing with Section 1700) of Part 6 of Division 2 of the Labor Code, or a person who obtained and maintains full written designation from the United States Department of State under Part 62 of Title 22 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 190, Sec. 4. (AB 1362) Effective January 1, 2026.)
  153. 9998.1.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    Foreign labor contractors must register with the Labor Commissioner, and the Commissioner may not register or renew a registration until specified application, character, bond, and fee conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.1.5. (a) (1) On and after July 1, 2016, a person acting as a foreign labor contractor shall register with the Labor Commissioner in accordance with the terms and procedures for registration established by the commissioner by January 1, 2016. (2) On and after July 1, 2027, a person who is licensed or acting as a farm labor contractor pursuant to Chapter 3 (commencing with Section 1682) of Part 6 of Division 2 of the Labor Code and who performs foreign labor contracting activities shall register with the Labor Commissioner pursuant to the terms and procedures for registration described in paragraph (1). (3) In registering a person already licensed as a farm labor contractor pursuant to Chapter 3 (commencing with Section 1682) of Part 6 of Division 2 of the Labor Code as a foreign labor contractor pursuant to paragraph (2), the Labor Commissioner has discretion, to the extent feasible for the efficient administration of the program, to eliminate duplicative application information requirements for information previously obtained from the farm labor contractor’s license application if both of the following conditions are met: (A) The applicant provides their farm labor contractor license number. (B) The applicant attests that there are no changes to the information previously provided to the Labor Commissioner. (4) The commissioner shall post on its internet website the names and contact information for all registered foreign labor contractors and a list of the names and contact information for any foreign labor contractors denied renewal or registration. (b) The Labor Commissioner may not register a person to act as a foreign labor contractor, and may not renew a registration, until all of the following conditions are satisfied: (1) The person has executed a written application in a form prescribed by the commissioner, subscribed and sworn to by the person, and containing all of the following: (A) A statement by the person of all facts required by the commissioner concerning the applicant’s character, competency, responsibility, and the manner and means by which the person proposes to conduct operations as a foreign labor contractor if registered. (B) The names and addresses of all persons, except bona fide employees on stated salaries, financially interested, either as partners, associates, or profit sharers, in the proposed operation as a foreign labor contractor, together with the amount of their respective interests. (C) A declaration consenting to the designation by a court or the commissioner as an agent available to accept service of summons in any action against the registrant, if the registrant has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service. (D) On and after July 1, 2027, a listing of each federal visa program under which the person will be performing foreign labor contractor activities. (2) The commissioner, after investigation, is satisfied as to the character, competency, and responsibility of the person. (3) (A) The person has deposited with the commissioner a surety bond in an amount based on the size of the person’s annual gross receipts from operations as a foreign labor contractor, as follows: (i) For gross receipts up to five hundred thousand dollars ($500,000), a fifty-thousand-dollar ($50,000) bond. (ii) For gross receipts of five hundred thousand dollars ($500,000) to two million dollars ($2,000,000), a one-hundred-thousand-dollar ($100,000) bond. (iii) For gross receipts greater than two million dollars ($2,000,000), a one-hundred-fifty-thousand-dollar ($150,000) bond. (B) If the foreign labor contractor has been the subject of a final judgment in a year in an amount equal to that of the bond required, that contractor shall be required to deposit an additional bond within 60 days. The bond shall be payable to the people of the State of California and shall be conditioned on the foreign labor contractor complying with all the terms and provisions of this chapter and paying all damages occasioned to any person by failure to do so, or by any violation of this chapter, or false statements or misrepresentations made in the registration process. The bond shall also be payable for interest on wages and for any damages arising from violation of applicable orders of the Industrial Welfare Commission, and for any other monetary relief awarded to a foreign worker as a result of a violation of law by the foreign labor contractor. (4) The person has paid to the commissioner a registration fee and a filing fee in a total amount the commissioner determines is sufficient to support the ongoing costs of the program. (c) The commissioner may not register a person as a foreign labor contractor, if the person was found by a court, the Secretary of Labor, or the commissioner to have violated any of the following provisions: (1) The federal Trafficking Victims Protection Act of 2000 (Division A, Public Law 106-386), as amended. (2) Sections 1682 to 1699, inclusive, of the Labor Code. (3) Section 236.1 of the Penal Code. (4) An applicable guest worker program. (Amended by Stats. 2025, Ch. 190, Sec. 5. (AB 1362) Effective January 1, 2026.)
  154. 9998.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    The Labor Commissioner and authorized deputies or representatives may take assignments of bond actions from aggrieved persons and may prosecute those actions for persons the commissioner finds financially unable to hire counsel.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.10. The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing may take assignments of actions on the bonds required under Section 9998.1.5 by aggrieved persons and may prosecute the actions on behalf of persons who, in the judgment of the commissioner, are financially unable to employ counsel, in the same manner that claims are prosecuted under Section 98.3 of the Labor Code. (Amended by Stats. 2025, Ch. 190, Sec. 7. (AB 1362) Effective January 1, 2026.)
  155. 9998.11.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    The Labor Commissioner may adopt regulations, policies, and procedures to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.11. The Labor Commissioner may adopt regulations or policies and procedures to implement the provisions of this chapter. (Added by Stats. 2014, Ch. 711, Sec. 10. (SB 477) Effective January 1, 2015.)
  156. 9998.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    The Department of Industrial Relations must submit a study to the Legislature by January 1, 2028 about extending foreign labor contractor registration requirements, and it may hire a third party to do the study.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.12. (a) The Department of Industrial Relations shall submit to the Legislature, by January 1, 2028, and in compliance with Section 9795 of the Government Code, a study on how to extend foreign labor contractor registration requirements to those foreign labor contractors recruiting or soliciting workers authorized to work in the United States under visa programs not described in either subdivision (a) or (b) of Section 9998. This study shall, at a minimum, include all of the following: (1) An overview of the federal visa programs not covered by this chapter’s foreign labor contractor registration program. (2) An analysis of the demographics of foreign workers in California authorized to work through the federal visa programs described in paragraph (1). (3) A discussion of any additional steps the Labor Commissioner would need to take to ensure all foreign labor contractors are required to register pursuant to this chapter. (4) A discussion of operational needs, including access to data, fee increases to cover costs, and enforcement options already available pursuant to subdivisions (c) and (d) of Section 9998.8. (5) Recommendations of options to expand this chapter’s foreign labor contractor registration program that considers the following: (A) Risks to workers authorized to work in the United States through the visa programs described in paragraph (1). (B) Costs and staffing needs to expand the registration process required for foreign labor contractors under this chapter. (C) Enforcement costs and options, including those authorized by subdivisions (c) and (d) of Section 9998.8. (D) The operational constraints described in paragraph (4). (b) The Department of Industrial Relations may contract with a third party to conduct the study described in subdivision (a). (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029. (Added by Stats. 2025, Ch. 190, Sec. 8. (AB 1362) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  157. 9998.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

    Verify source ↗

    A person using a foreign labor contractor to procure workers must disclose that information to the Labor Commissioner, and a person may not knowingly enter an agreement for services of an unregistered foreign labor contractor.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.2. (a) On and after July 1, 2016, a person who knows or should have known that the person is using the services of a foreign labor contractor to procure foreign workers or employees pursuant to subdivision (b) of Section 9998.1 shall disclose this information to the Labor Commissioner in accordance with the terms and procedures established by the commissioner by January 1, 2016. (b) The disclosure shall include, but is not limited to, the following: (1) The name, address, and contact information of the person designated by the employer to work with a foreign labor contractor. (2) A declaration consenting to the designation by a court of the commissioner as an agent available to accept service of summons in any action against the person, if the person has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service. (c) A person may not knowingly enter into an agreement for the services of a foreign labor contractor that is not registered under this chapter. (Repealed and added by Stats. 2014, Ch. 711, Sec. 5. (SB 477) Effective January 1, 2015.)
  158. 9998.2.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    A foreign labor contractor must disclose specified job and visa information in writing to recruited foreign workers, file that disclosure with the Labor Commissioner within 7 business days, and may not charge certain fees or impose contract changes without extra time and consent.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.2.5. (a) A foreign labor contractor shall ascertain and disclose in writing to each foreign worker who is recruited for employment in English and in the primary language of the foreign worker being recruited, at the time of the foreign worker’s recruitment, the following information: (1) The identity of the employer and the identity of the person conducting the recruiting on behalf of the employer, including any subcontractor or agent involved in the recruiting. (2) A signed copy of the work contract, including all assurances and terms and conditions of employment, from the prospective employer for whom the foreign worker is being recruited, including the compensation to be paid, the place and period of employment, a description of the type and nature of employment activities, any withholdings or deductions from compensation, and any penalties for terminating employment. (3) The type of visa under which the foreign worker is to be employed, the length of time the visa is valid, and the terms and conditions under which the visa will be renewed with a clear statement of whether the employer will secure renewal of the visa or if renewal must be obtained by the foreign worker, and any expenses associated with securing or renewing the visa. (4) An itemized list of any costs or expenses to be charged to the foreign worker, including, but not limited to, the costs of housing or accommodation, transportation to and from the worksite, meals, medical examinations, health care or safety equipment costs, and any other costs, expenses, or deductions to be charged the foreign worker. (5) A statement, in a form specified by the Labor Commissioner, that does each of the following: (A) States that no foreign labor contractor, or agent or employee of a foreign labor contractor, can lawfully assess any fee, including visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs to a foreign worker for foreign labor contracting activities, and that the employer may bear the costs or fees for the foreign labor contractor, but that these fees cannot be assessed to the foreign worker. (B) Explains that no additional requirements or changes may be made to the terms of the contract originally provided by the foreign labor contractor and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes and the foreign worker gives specific consent, voluntarily and without threat of penalty, to each additional requirement or change. (C) Describes the protections afforded the foreign worker by this chapter and by the federal Trafficking Victims Protection Act of 2000 (Division A, Public Law 106-386), as amended, and any applicable guest worker program, including relevant information about the procedure for filing a complaint under this chapter, and the telephone number for the national human trafficking resource center hotline. (6) Any education or training to be provided or required, including the nature, timing, and cost of training and the person who will pay training costs, whether the training is a condition of employment, continued employment, or future employment, and whether the foreign worker will be paid or remunerated during the training period, including the rate of pay or remuneration. (b) The foreign labor contractor shall file the disclosure required under subdivision (a) with the Labor Commissioner within seven business days of providing it to the foreign worker. (c) A foreign labor contractor, or the agent, subcontractor, or employee of a foreign labor contractor, or a person using the services of a foreign labor contractor to obtain foreign workers or employees, may not assess any fee, including, but not limited to, visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs, to a foreign worker for foreign labor contracting activities. (d) A foreign worker may not be required to pay any costs or expenses that are not customarily assessed against all workers similarly employed in the United States. No costs or expenses shall be required to be paid by the foreign worker prior to the commencement of work. The amount charged for providing housing to the foreign worker shall be limited to market rate for similar housing. (e) Additional requirements or changes shall not be made to the terms of the contract originally provided by the foreign labor contractor and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes and the foreign worker gives specific consent, voluntarily and without threat of penalty, to each additional requirement or change. (Added by Stats. 2014, Ch. 711, Sec. 6. (SB 477) Effective January 1, 2015.)
  159. 9998.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    A foreign labor contractor must not make or spread false, fraudulent, or misleading statements about employment terms or conditions at any place of employment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.3. No foreign labor contractor shall make, publish, or circulate or cause to be made, published, or circulated, to any person any false, fraudulent, or misleading representation or information concerning the terms or conditions of employment at any place or places of employment. (Added by Stats. 1988, Ch. 1450, Sec. 1.)
  160. 9998.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    A foreign labor contractor must not recruit for employment or cause any minor foreign worker to be employed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.4. No foreign labor contractor shall recruit for employment or cause any minor who is a foreign worker to be employed. (Added by Stats. 1988, Ch. 1450, Sec. 1.)
  161. 9998.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    A foreign labor contractor who recruits or solicits without a bona fide job order, transports a foreign worker to a proposed jobsite, and then fails to provide employment must pay wages and transportation-related costs.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.5. Any foreign labor contractor who recruits or solicits without a bona fide job order and who induces a foreign worker to be transported to a proposed jobsite and who does not then provide employment for the foreign worker shall pay wages to the foreign worker at the agreed rate of pay for the job to which the foreign worker was being transported and for the elapsed time from the point of recruitment to the jobsite to the point the worker returns to the place of original departure, and for any transportation costs incurred by the foreign worker in connection with the pursuit of the labor contractor’s services. (Added by Stats. 1988, Ch. 1450, Sec. 1.)
  162. 9998.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    A person may not retaliate against a foreign worker or the worker’s family by intimidating, threatening, restraining, coercing, discharging, or discriminating against them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.6. A person may not intimidate, threaten, restrain, coerce, discharge, or in any manner discriminate against a foreign worker or a member of his or her family in retaliation for the foreign worker’s exercise of any right under this chapter. (Amended by Stats. 2014, Ch. 711, Sec. 7. (SB 477) Effective January 1, 2015.)
  163. 9998.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    A foreign labor contractor must not induce a foreign worker to travel or accept employment by promising citizenship or permanent residency in the United States.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.7. No foreign labor contractor shall make promises or otherwise induce a foreign worker to travel or accept promises of employment by promising or providing assurances to the foreign worker that citizenship or permanent residency status in the United States shall be secured or pursued if the worker accepts the offer of services of the foreign labor contractor. (Added by Stats. 1988, Ch. 1450, Sec. 1.)
  164. 9998.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. )

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    Violating this chapter can lead to misdemeanor penalties, civil penalties, and lawsuits for injunctive relief or damages.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 21.5. Foreign Labor Contractors [9998 - 9998.12] ( Chapter 21.5 added by Stats. 1988, Ch. 1450, Sec. 1. ) ## 9998.8. (a) A person who violates this chapter or who causes or induces another to violate this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail for not more than six months, or both. A person shall not be liable under this subdivision for any act or omission by a foreign labor contractor engaged by the person if the foreign labor contractor was registered with the Labor Commissioner pursuant to Section 9998.1.5 no later than the first day of engagement. (b) A person who violates any provision of this chapter shall be subject to a civil penalty of no less than one thousand dollars ($1,000) and no more than twenty-five thousand dollars ($25,000) per violation, in addition to any other civil remedies available to the Labor Commissioner or an aggrieved person. (c) The commissioner or a person aggrieved by a violation of this chapter may do all of the following: (1) Bring an action for injunctive relief against a person who violates this chapter and, upon prevailing, recover costs and reasonable attorney’s fees. (2) Bring an action for damages, against a person who violates this chapter to recover the greater of all of the aggrieved person’s actual damages or five hundred dollars ($500) per employee per violation for an initial violation, and one thousand dollars ($1,000) per employee for each subsequent violation, and, upon prevailing in an action brought pursuant to this section, recover costs and reasonable attorney’s fees. (3) Enforce the liability on the bonds required under Section 9998.1.5. (d) The Labor Commissioner may enforce the requirements of this chapter through the procedures set forth in Sections 98.3, 98.7, 98.74, and 1197.1 of the Labor Code, including the issuance of a citation or filing of a civil action against a person who violates the requirements of this chapter. (e) A person shall not be jointly and severally liable for any act or omission by a foreign labor contractor engaged by the person if the foreign labor contractor was registered with the Labor Commissioner pursuant to Section 9998.1.5 no later than the first day of engagement. (f) Nothing in this section shall be construed to preempt or alter any other rights or remedies, including any causes of action, available under any other federal or state law. (Amended by Stats. 2025, Ch. 190, Sec. 6. (AB 1362) Effective January 1, 2026.)

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