SECTIONS 9860-9863 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 9860-9863

9860. The director shall establish procedures for accepting
complaints from the public against any service dealer or service
contractor.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.

9860. The director shall establish procedures for accepting
complaints from the public against any service dealer.
This section shall become operative on January 1, 2013.

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.

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.

9862.5. 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
dealer has had reasonable opportunity to reply thereto.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.

9863. If, upon summary investigation, it appears probable to the
director that a violation of this chapter, or the regulations
thereunder, has occurred, the director, in his or her discretion, may
suggest measures that in the director's judgment would compensate
the complainant for the damages he or she has suffered as a result of
the alleged violation. If the service dealer or service contractor
accepts the director's suggestions and performs accordingly, the
director shall give that fact due consideration in any subsequent
disciplinary proceeding. If the service dealer or service contractor
declines to abide by the suggestions of the director, the director
may investigate further and may institute disciplinary proceedings in
accordance with the provisions of this chapter.
This section shall remain in effect only until January 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2013, deletes or extends that date.

9863. If, upon summary investigation, it appears probable to the
director that a violation of this chapter, or the regulations
thereunder, has occurred, the director, in his or her discretion, may
suggest measures that in the director's judgment would compensate
the complainant for the damages he or she has suffered as a result of
the alleged violation. If the service dealer accepts the director's
suggestions and performs accordingly, the director shall give that
fact due consideration in any subsequent disciplinary proceeding. If
the service dealer declines to abide by the suggestions of the
director, the director may investigate further and may institute
disciplinary proceedings in accordance with the provisions of this
chapter.
This section shall become operative on January 1, 2013.