SECTIONS 9884-9884.22 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 9884-9884.22

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. The forms shall contain sufficient information to
identify the automotive repair dealer, including name, address of
each location, 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, 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), Division 2,
Revenue and Taxation Code), and other identifying data that are
prescribed by the director. If the business is to be carried on under
a fictitious name, the fictitious name shall be stated. 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. The forms shall include a statement
signed by the dealer under penalty of perjury that the information
provided is true.
(b) 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.

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.

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which a person, whose registration has previously been revoked or has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.

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.

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.

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.

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.

9884.7. (a) The director, where 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 his or her 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 his
or her 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
his or her 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, he or she 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 his or
her 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.

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.

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. 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 without the oral or written consent of the customer
that shall be obtained at some time after it is determined that the
estimated price is insufficient and before the work not estimated is
done or the parts not estimated are supplied. Written consent or
authorization for an increase in the original estimated 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.

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.

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.

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.

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.

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.

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.

9884.16. 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 motor
vehicle repairs done by him unless he has such a valid registration.

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.

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.

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.

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.

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.

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 his or her
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.