SECTIONS 19200-19214 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19200-19214

19200. The chief or any inspector shall have access to the
premises, equipment, materials, partly finished and finished articles
and records of any person subject to the provisions of this chapter.

19200.5. The chief or any inspector may open any articles of
upholstered furniture or bedding, including pillows or cushions
belonging to or forming a part thereof, or insulation for the purpose
of inspecting concealed filling material and may take either the
entire article, or samples of filling material or insulation in such
quantities as may be necessary for analysis.

19201. The chief or any inspector may determine the fitness of any
secondhand or damaged article of bedding or filling material, for
sanitization and sale.

19202. The bureau may condemn, withhold from sale, seize, or
destroy any upholstered furniture or bedding or any filling material
or insulation which is found to be in violation of this chapter.

19203. The tag to be affixed to any article of condemned
upholstered furniture or bedding, or any material or insulation, by
an inspector shall be a red tag and shall contain such information as
may be required by the chief.

19204. Every person who removes, or causes to be removed, any tag
or device placed upon any upholstered furniture or bedding or any
material or insulation, by an inspector is guilty of a violation of
this chapter.

19205. The failure of any person to produce upon demand of an
inspector any article that has been condemned and ordered held on a
notice of violation signed by such person, or a notice of violation
that the person has refused to sign, is a violation of this chapter.

19206. No person shall interfere with, obstruct or otherwise hinder
any inspector of the bureau or of the department's Division of
Investigation in the performance of his or her duties.

19207. Any inspector having knowledge of a violation of any of the
provisions of this chapter shall notify the chief of the violation.

19208. The chief or his or her authorized designee may cite any
person licensed under and subject to the provisions of this chapter
to participate in an office conference before the chief to show cause
why he or she should not be subject to any or a range of
disciplinary actions or to prosecution for any violation of this
chapter.

19209. Except as otherwise required to comply with the provisions
of Article 9.5 of this chapter, the proceedings in any hearing or
disciplinary action under this chapter shall be conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code.

19210. After a hearing, a license may be suspended, revoked,
reprimanded, or placed on probation for a violation of any of the
provisions of this chapter or of the rules and regulations of the
bureau, or for a violation of Article 1 (commencing with Section
17500) of Chapter 1 of Part 3 of Division 7 of the Business and
Professions Code, relating to false or misleading advertising;
provided, however, that the license of a wholesaler or retailer shall
not be suspended in the absence of a finding that the wholesaler or
retailer knowingly offered for sale or sold articles not conforming
to the requirements of this chapter or the rules and regulations of
the bureau.
In any order of suspension or revocation, the bureau may impose
conditions relative to the disposition of articles not conforming to
the requirements of this chapter or the rules and regulations of the
bureau, or may impose conditions relative to the completion or
fulfillment of any orders or contracts entered into prior to the date
of the hearing.

19211. Any person who has been denied a license, or who has had his
or her license revoked, or whose license is under suspension, or who
has failed to renew his or her license while it was under
suspension, or any person who has been a member of any partnership,
or an officer or director of any corporation, or an officer or person
acting in a managerial capacity of any firm or association, whose
license has been revoked, or whose license is under suspension, or
who has failed to renew a license while it was under suspension, and
while acting as a member, officer, director, or person acting in a
managerial capacity, participated in any of the prohibited acts for
which the license was suspended, or revoked, shall be prohibited from
serving as a member of any licensed partnership, or as an officer or
director of any licensed corporation, or as an officer or person
acting in a managerial capacity of any licensed firm or association,
and the employment, election, or association of a person in this
capacity by a licensee shall constitute grounds for disciplinary
action against the licensee.

19212. The performance by any partnership, corporation, firm, or
association of any act or omission constituting a cause for
disciplinary action, likewise constitutes a cause for disciplinary
action against any licensee who is a member of any such partnership,
or an officer or director of any such corporation, or an officer or
person acting in a managerial capacity of any such firm or
association, if such licensee participated in such prohibited act or
omission.

19213. The bureau may monitor compliance with all insulation
standards, including those adopted by the Energy Resources
Conservation and Development Commission, pursuant to Section 25402 of
the Public Resources Code, by conducting periodic inspections with
its own personnel, or by requiring inspections conducted by an
approved independent third party laboratory, of manufacturers,
distributors, or retailers of insulation material sold within the
state in order to determine their compliance with this article. The
bureau shall annually test all categories of insulation products for
which standards have been adopted. The bureau may require those
manufacturers, distributors, or retailers that are inspected and
found not in compliance with this article, or any regulation
implementing it, to pay such reasonable fees as are necessary to
cover the costs of inspections and testing necessary to investigate
and enforce compliance by those manufacturers, distributors, and
retailers. Fees shall be fixed in an amount not more than the cost of
testing and inspection with a minimum fee of two hundred dollars
($200) for each test or inspection. The bureau may also conduct, or
contract with approved independent third party laboratories to
conduct, independent performance tests of insulation materials sold
in the state, in order to determine compliance with its adopted
standards. Where a fee is not paid, the full amount of the assessed
fee shall be added to the fee for the renewal of a license. A license
shall not be renewed without payment of the renewal fee and all fees
for testing and inspection.

19213.1. The bureau may require a licensee who sells or
manufactures furniture and bedding products that are inspected and
found not to be in compliance with this chapter, or any regulation
implementing it, to pay those reasonable fees as are necessary to
cover the costs of inspections and testing necessary to investigate
and enforce compliance by those licenses. Fees shall be fixed in an
amount not more than the cost of testing and inspection except that
the minimum fee shall be two hundred dollars ($200) for each test or
inspection. The range of fees for testing or inspection shall be
fixed by the bureau in an amount not less than two hundred dollars
($200) and not more than five hundred dollars ($500) for each test or
inspection. Where a fee is not paid, the full amount of the assessed
fee shall be added to the fee for the renewal of a license. A
license shall not be renewed without payment of the renewal fee and
all fees for testing and inspection.

19214. Any person who violates or proposes to violate any provision
of this chapter relating to insulation standards may be enjoined by
any court of competent jurisdiction. The court may make such orders
or judgments, including the appointment of a receiver, as may be
necessary to prevent the use or employment by any person of any
practices which violate this chapter, or which may be necessary to
restore to any person in interest any money or property, real or
personal, which may have been acquired by means of any practice which
violates any provision of this chapter.
Actions for injunction under this section may be prosecuted by the
Attorney General or any district attorney, county counsel, city
attorney, or city prosecutor in this state in the name of the people
of the State of California upon his or her own motion or upon the
complaint of any board, officer, person, corporation, association, or
by any person acting for the interests of itself, its members, or
the general public.
(a) A person who violates any provision of this chapter shall be
liable for a civil penalty not to exceed two thousand five hundred
dollars ($2,500) for each violation, which shall be assessed and
recovered in a civil action brought in the name of the people of the
State of California by the Attorney General or by any district
attorney, county counsel, city attorney, or city prosecutor in any
court of competent jurisdiction. The unit for a separate and distinct
offense regarding insulation in violation of this chapter is each
and every bag, bale, package, roll, or other container sold, offered
for sale, or possessed with intent to sell or install contrary to the
provisions of this chapter.
(b) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the Treasurer. If
brought by a district attorney or county counsel, the entire amount
of penalty collected shall be paid to the treasurer of the county in
which the judgment was entered. If brought by a city attorney or city
prosecutor, one-half of the penalty shall be paid to the treasurer
of the county and one-half to the city.
(c) If the action is brought at the request of the bureau, the
court shall determine the reasonable expenses incurred by the bureau
in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision
(b), the amount of the reasonable expenses incurred by the bureau
shall be paid to the Treasurer.