Article 3 - Registration Procedure

California Business and Professions Code — §§ 9884-9884.22

Sections (16)

Amended by Stats. 2024, Ch. 497, Sec. 76. (SB 1526) Effective January 1, 2025.

(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.

(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.

§ 9884.1

Amended by Stats. 1992, Ch. 674, Sec. 1. Effective January 1, 1993.

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

Amended by Stats. 2009, Ch. 307, Sec. 95. (SB 821) Effective January 1, 2010.

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.

§ 9884.10

Added by Stats. 1971, Ch. 1578.

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

Amended by Stats. 1992, Ch. 674, Sec. 2. Effective January 1, 1993.

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

Amended by Stats. 2009, Ch. 307, Sec. 97. (SB 821) Effective January 1, 2010.

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

Added by Stats. 1971, Ch. 1578.

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

Amended by Stats. 1982, Ch. 517, Sec. 39.

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

Added by Stats. 1971, Ch. 1578.

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

Amended by Stats. 2023, Ch. 681, Sec. 6. (AB 1263) Effective January 1, 2024.

(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.

§ 9884.17

Amended by Stats. 2004, Ch. 572, Sec. 3. Effective January 1, 2005.

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

Added by Stats. 1971, Ch. 1578.

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

Added by Stats. 1971, Ch. 1578.

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

Added by Stats. 2007, Ch. 354, Sec. 65. Effective January 1, 2008.

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

Added by Stats. 2008, Ch. 675, Sec. 13. Effective January 1, 2009.

(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

Amended by Stats. 2021, Ch. 372, Sec. 6. (AB 471) Effective January 1, 2022.

(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.