Section § 9840

Explanation

This law makes it illegal to operate as a service dealer if you haven't registered properly and your registration isn't up to date.

It shall be unlawful to act as a service dealer without first having registered in accordance with the provisions of this chapter and unless such registration is currently valid.

Section § 9841

Explanation

This law explains that the director has the power to deny, suspend, revoke, or put on probation the registration of a service dealer if they, or their employees or partners, engage in certain unacceptable practices. Such practices include making false or misleading advertisements, making false promises, committing fraud or dishonest actions, being incompetent or negligent, not following laws or regulations, ignoring industry standards, committing crimes related to their job, or violating orders from the regulatory bureau. The law also allows for similar actions if a service dealer's registration is used to benefit a former registrant whose license was suspended or revoked.

(a)CA Business & Professions Code § 9841(a) The director may deny, suspend, revoke, or place on probation the registration of a service dealer for any of the following acts or omissions done by himself or herself or any employee, partner, officer, or member of the service dealer and related to the conduct of his or her business:
(1)CA Business & Professions Code § 9841(a)(1) Making or authorizing any statement or advertisement that is untrue or misleading, and that is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.
(2)CA Business & Professions Code § 9841(a)(2) Making any false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, installation, service, or maintenance of the equipment as specified by this chapter.
(3)CA Business & Professions Code § 9841(a)(3) Any other conduct that constitutes fraud or dishonest dealing.
(4)CA Business & Professions Code § 9841(a)(4) Conduct constituting incompetence or negligence.
(5)CA Business & Professions Code § 9841(a)(5) Failure to comply with the provisions of this chapter or any regulation, rule, or standard established pursuant to this chapter.
(6)CA Business & Professions Code § 9841(a)(6) Any willful departure from or disregard of accepted trade standards for good and workmanlike installation or repair.
(7)CA Business & Professions Code § 9841(a)(7) Conviction of a crime that has a substantial relationship to the qualifications, functions and duties of a registrant under this chapter, in which event the record of the conviction shall be conclusive evidence thereof.
(8)CA Business & Professions Code § 9841(a)(8) A violation of any order of the bureau made pursuant to this chapter.
(b)CA Business & Professions Code § 9841(b) The director may also deny, or may suspend, revoke, or place on probation, the registration of a service dealer if the applicant or registrant, as the case may be, has committed acts or crimes constituting grounds for denial of licensure under Section 480.
(c)CA Business & Professions Code § 9841(c) The director may also deny, or may suspend, revoke, or place on probation, the registration of a service dealer if the applicant or registrant, as the case may be, will be or is holding the registration for the benefit of a former registrant whose registration has been suspended or revoked and who will continue to have some involvement in the applicant’s or new registrant’s business.

Section § 9842

Explanation

When a service dealer does any work, they must create an invoice detailing the work done and the parts used, as directed by regulations. The invoice must clearly note if used parts were used. The dealer should give one copy to the customer and keep another for at least three years. If the invoice is digital, both the customer and service dealer should have electronic copies for the same duration.

All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One copy shall be given to the customer and one copy shall be retained by the service dealer for a period of at least three years. If a copy of the invoice is provided to the customer in an electronic format, an electronic copy of the invoice shall be retained by the service dealer for the same retention period.

Section § 9843

Explanation

If you take something to be repaired, the repair shop should give back the old parts they replaced, unless the parts are exempted by regulations or need to be returned to the manufacturer or distributor because of a warranty.

The service dealer shall return replaced parts to the customer excepting such parts as may be exempted from this requirement by regulations of the director and excepting such parts as the service dealer needs to return to the manufacturer or distributor under a warranty arrangement.

Section § 9844

Explanation

Before any repairs are done, the customer must receive a written estimate that lists the costs for parts and labor. If the repair shop wants to charge more than shown in the estimate, they need the customer's permission first. Repair shops can charge a fair fee for diagnosing the problem to create the estimate, but they must inform the customer about this fee upfront. This can happen before starting repairs at home, before taking items from the home, or when bringing items to the repair shop. Also, estimates can be given electronically.

An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customer’s residence, or upon acceptance of the goods at the repair facility or registered location. This section shall not prohibit the use of a written estimate in an electronic format.

Section § 9844.1

Explanation

Before installing any equipment that falls under this chapter, the service provider must tell the customer how much it will cost in writing. If the installation fee is included in the item's total price or discounted to encourage the purchase, the local overseeing authority can decide what a fair installation cost would be for enforcement reasons.

The charge for the installation of any equipment subject to the requirements of this chapter shall be given to the customer in writing prior to making the installation. Whenever the charge for installation is included in the sale price of the item and is not separately stated, or whenever the charge for installation is reduced as an incentive to effectuate the purchase and sale, the bureau may determine the reasonable charge attributable to the installation for purposes of enforcement.

Section § 9844.5

Explanation

This law states that a repair or installation service provider cannot keep your equipment if their charges are higher than what was originally estimated and agreed upon. If the final charges for repair or installation go beyond the written estimate you received, or a new estimate signed by you, they must release your equipment even if you haven’t paid the extra amount.

No lien or other right to maintain possession of the equipment pending payment of charges for repair or installation, including those arising from Chapter 6 (commencing with Section 3046) of Title 14, Part 4, Division 3 of the Civil Code, shall exist where the total charges levied for the repair or installation of such equipment exceeds the higher of (1) any amount estimated in writing pursuant to Section 9844, or (2) a written revision of such estimate signed and dated by the owner of the equipment, or in lieu thereof an oral revision of the written estimate, authorized by the owner and fully documented by the service dealer.

Section § 9845

Explanation

This law says that a service business cannot pay its staff or members based on how many or how expensive the parts they replace are. However, this rule doesn't apply when selling equipment as specifically defined in another section of the law.

A service dealer may not make the compensation of any employee, partner, officer, or member dependent upon the value of parts replaced in any equipment by, or with the consent of, such employee, partner, officer, subcontractor, or member. This does not include the sale of equipment as defined in subdivision (h) of Section 9801.

Section § 9846

Explanation

This law states that if you're using the word "guarantee" or similar words in business, you must follow the rules set by the director.

The use of “guarantee” and words of like import shall conform to the regulations adopted by the director.

Section § 9847

Explanation

If you run a service repair business, you need to keep certain records for at least three years. These records should be available for inspection by officials if they ask to see them.

Each service dealer shall maintain all records that are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.

Section § 9847.5

Explanation

This law requires service contractors to keep certain records for at least three years and make them available for inspection by the director or law enforcement. The requirement will expire on January 1, 2028.

(a)CA Business & Professions Code § 9847.5(a) Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of at least three years. These records shall be open for reasonable inspection by the director or other law enforcement officials.
(b)CA Business & Professions Code § 9847.5(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

Section § 9848

Explanation

This law says that if you want to challenge a citation related to certain vehicle violations, or if there's any registration issue like denial, suspension, revocation, or probation, these matters will be handled according to specific legal procedures found in the Government Code.

All proceedings to contest a citation for a violation of subdivision (k) of Section 23575.3 of the Vehicle Code or to deny registration or 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.

Section § 9849

Explanation

This law section states that even if a service dealer or contractor's registration has expired, the director still has the authority to investigate, hold hearings, and make decisions about issuing cease and desist orders, or suspending, revoking, or placing the registration on probation.

This provision is temporary and will no longer be in effect after January 1, 2028.

(a)CA Business & Professions Code § 9849(a) The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or service contractor or to render a decision to suspend, revoke, or place on probation a registration.
(b)CA Business & Professions Code § 9849(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

Section § 9849

Explanation

This law says that even if a service dealer's registration expires, it doesn't stop the director from investigating them, issuing a cease and desist order, or deciding to suspend, revoke, or put their registration on probation. This rule will start being effective on January 1, 2028.

(a)CA Business & Professions Code § 9849(a) The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist order against a service dealer or to render a decision to suspend, revoke, or place on probation a registration.
(b)CA Business & Professions Code § 9849(b) This section shall become operative on January 1, 2028.

Section § 9850

Explanation

If someone doesn't follow the rules outlined in this chapter, they can be charged with a misdemeanor. The penalties can be a fine up to $1,000, up to six months in jail, or both.

Any person who fails to comply with the provisions of this chapter or of the regulations made pursuant to this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding six months, or by both such fine and imprisonment.

Section § 9851

Explanation

This law allows a county court to stop someone from operating as a service dealer or contractor if they are breaking the rules set out in this chapter. The court can issue an injunction, which means legally ordering them to stop certain actions. The law makes it easier for the director to get an injunction because they don't have to prove that other legal remedies aren't sufficient or that any harm is beyond repair. However, this law will no longer be in effect after January 1, 2028.

(a)CA Business & Professions Code § 9851(a) The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)CA Business & Professions Code § 9851(b) 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 shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)CA Business & Professions Code § 9851(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

Section § 9851

Explanation

This law allows the superior court to stop someone from conducting business illegally as a service dealer, based on a request from the director. The court can issue an injunction or a similar order to restrain this activity. The legal proceedings for this are guided by certain civil procedure rules, but the director doesn’t have to prove there’s no other legal remedy or that not stopping the activity would cause harm. These rules will take effect on January 1, 2028.

(a)CA Business & Professions Code § 9851(a) The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer in violation of the provisions of this chapter, or any regulation thereunder, shall, on application of the director, issue an injunction or other appropriate order restraining that conduct.
(b)CA Business & Professions Code § 9851(b) 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 shall not be required to allege facts necessary to show or tending to show lack of an adequate remedy at law or irreparable injury.
(c)CA Business & Professions Code § 9851(c) This section shall become operative on January 1, 2028.

Section § 9852

Explanation
If someone needs to be registered according to this chapter, they must have valid registration to be able to claim a lien or take legal action for any repair or installation work they've done.
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 repairs or installation done by such individual, unless he or she has such a valid registration.

Section § 9853

Explanation

This California statute states that if a service dealer or contractor is found guilty or pleads no contest to charges related to their professional role, it counts as a conviction. The state can take actions like suspending or revoking their registration. This holds even if later a court decision allows the person to change their plea or dismiss the charges. The statute will be in effect until January 1, 2028, after which it will no longer be valid.

(a)CA Business & Professions Code § 9853(a) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer or service contractor is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code, allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)CA Business & Professions Code § 9853(b) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

Section § 9853

Explanation

If someone working as a service dealer pleads guilty, is found guilty, or enters a no contest plea to a crime related to their job duties, it counts as a conviction under this rule. This means the director can take actions like suspending or revoking their registration, or putting them on probation. This applies even if later actions, like withdrawing a guilty plea or dismissing the charges, are taken. This rule will start to be enforced on January 1, 2028.

(a)CA Business & Professions Code § 9853(a) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a service dealer is deemed to be a conviction within the meaning of this article. The director may suspend, revoke, or place on probation a registration, or may deny registration, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing that person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b)CA Business & Professions Code § 9853(b) This section shall become operative January 1, 2028.