SECTIONS 9882-9882.14 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 9882-9882.14

9882. (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director. The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9. These rules and regulations shall be
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) In 2003 and every four years thereafter, the Joint Committee
on Boards, Commissions, and Consumer Protection shall hold a public
hearing to receive testimony from the Director of Consumer Affairs
and the bureau. In those hearings, the bureau shall have the burden
of demonstrating a compelling public need for the continued existence
of the bureau and its regulatory program, and that its function is
the least restrictive regulation consistent with the public health,
safety, and welfare. The committee shall evaluate and review the
effectiveness and efficiency of the bureau based on factors and
minimum standards of performance that are specified in Section 473.4.
The committee shall report its findings and recommendations as
specified in Section 473.5. The bureau shall prepare an analysis and
submit a report to the committee as specified in Section 473.2.

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.

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.
Before a chief is appointed, the Governor shall give due
consideration to any person or persons recommended by the board.

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.

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.

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.

9882.14. (a) The bureau shall cooperate with the Office of Traffic
Safety and adopt standards for the installation of and designate
stations for the installation of ignition interlock devices.
(b) The manufacturers of 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.