Section § 9882

Explanation

The Bureau of Automotive Repair operates under the Department of Consumer Affairs, overseeing rules and enforcing laws related to automotive repair. The director can establish citations for violations, including informal review processes by a panel of representatives. If automotive repair dealers complete certified remedial training, they might prevent their citations from appearing online, provided they haven't done similar training in the past 18 months. Relevant employees may also need to train. This law requires review by the Legislature to ensure the bureau's continued necessity and effectiveness, with the assumption it might end by 2028. This section remains in effect until July 2026, when it will be repealed.

(a)Copy CA Business & Professions Code § 9882(a)
(1)Copy CA Business & Professions Code § 9882(a)(1) 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 the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)Copy CA Business & Professions Code § 9882(a)(2)
(A)Copy CA Business & Professions Code § 9882(a)(2)(A) On or after July 1, 2023, the director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(B)Copy CA Business & Professions Code § 9882(a)(2)(A)(B)
(i)Copy CA Business & Professions Code § 9882(a)(2)(A)(B)(i) The director may include in the citation system a process for an automotive repair dealer, upon successful completion of remedial training conducted by a provider certified pursuant to subdivision (d) of Section 9884.7, to prevent disclosure of the citation on the internet as provided in Section 27.
(ii)CA Business & Professions Code § 9882(a)(2)(A)(B)(i)(ii) To be eligible for citation nondisclosure under this subparagraph, the automotive repair dealer shall not have attended remedial training in the prior 18-month period from the effective date of citation.
(iii)CA Business & Professions Code § 9882(a)(2)(A)(B)(i)(iii) Any employee of the automotive repair dealer who was involved in the violation resulting in the bureau’s issuance of the citation also may be required by the bureau to attend remedial training with the automotive repair dealer to prevent disclosure of the citation.
(3)CA Business & Professions Code § 9882(a)(3) Rules and regulations adopted pursuant to this subdivision 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)Copy CA Business & Professions Code § 9882(b)
(1)Copy CA Business & Professions Code § 9882(b)(1) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, 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.
(2)CA Business & Professions Code § 9882(b)(2) The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)CA Business & Professions Code § 9882(c) This section shall be effective only until July 1, 2026, and as of that date is repealed.

Section § 9882

Explanation

This law section establishes the Bureau of Automotive Repair within the Department of Consumer Affairs, giving the director control over its operations. The director can create rules and a citation system to manage violations. It also introduces a process for informal review of citations, which includes a panel with representatives from the bureau, public, and automotive industry. The bureau's powers and duties are subject to legislative review to prove the necessity of its existence. The law will start being effective on July 1, 2026.

(a)Copy CA Business & Professions Code § 9882(a)
(1)Copy CA Business & Professions Code § 9882(a)(1) 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 the director determines are reasonably necessary to carry out the purposes of this chapter and declare the policy of the bureau, including a system for the issuance of citations for violations of this chapter as specified in Section 125.9.
(2)CA Business & Professions Code § 9882(a)(2) The director may include in the citation system a process for informal review of and recommendation on citations, including establishment of an informal citation conference conducted by a panel of independent representatives appointed by the chief. The informal citation conference panel shall consist of three members, with one representative each from the bureau, the public, and the automotive repair industry.
(3)CA Business & Professions Code § 9882(a)(3) Rules and regulations adopted pursuant to this subdivision 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)Copy CA Business & Professions Code § 9882(b)
(1)Copy CA Business & Professions Code § 9882(b)(1) Notwithstanding any other law, the powers and duties of the bureau, as set forth in this article and under the Automotive Repair Act, shall be subject to review by the appropriate policy committees of the Legislature. In that review, 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.
(2)CA Business & Professions Code § 9882(b)(2) The review required by this subdivision shall be performed as if this chapter were scheduled to be repealed as of January 1, 2028.
(c)CA Business & Professions Code § 9882(c) This section shall become operative on July 1, 2026.

Section § 9882.1

Explanation

This law allows the director to hire and set the pay for staff like clerks, inspectors, investigators, and auditors who are needed to enforce the rules of this chapter. They also can appoint an assistant chief, all under the guidance of the chief, unless other specific rules apply.

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.

Section § 9882.2

Explanation
The Governor picks a leader for the bureau, but this choice needs the Senate's approval. The Governor can remove this leader anytime. The pay for this role is set by the director and approved by the Director of Finance.
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.

Section § 9882.3

Explanation

This law allows the director to let a deputy, assistant director, or chief handle their responsibilities or exercise their authority. However, the director can set specific rules or limits on how they do it.

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.

Section § 9882.4

Explanation

This law section requires the director to maintain a complete list of all registered automotive repair dealers, including their names and addresses. If someone wants a copy of this list, they can pay a fee to get it. Additionally, the bureau must send out a newsletter to these registered dealers at least twice a year with updates on regulations, disciplinary actions, and other helpful enforcement information.

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.

Section § 9882.5

Explanation

The law requires the director to look into possible rule-breaking by auto repair shops and mechanics, even if no one has complained. They need to create a system for people to report issues. If a shop or mechanic is found at fault, the director can propose ways to fix the problem for the customer. If the shop follows these suggestions, this will be taken into account in any future actions against them.

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.

Section § 9882.6

Explanation

This section establishes an enforcement program within a department to investigate certain violations related to vehicle inspections. It allows the department to buy various vehicles for undercover investigations without following some usual government purchasing rules. The department can modify these vehicles for investigative purposes and purchase services or parts as needed. There's no strict spending limit, but funds must be used wisely. These vehicles are tracked through inventory reports, and related records are generally kept private from public disclosure.

(a)CA Business & Professions Code § 9882.6(a) There is in the department an enforcement program that shall investigate violations of this chapter and the Motor Vehicle Inspection and Maintenance Program (Chapter 5 (commencing with Section 44000) of Part 5 of Division 2 of the Health and Safety Code) and any regulations adopted thereunder.
(b)Copy CA Business & Professions Code § 9882.6(b)
(1)Copy CA Business & Professions Code § 9882.6(b)(1) When purchasing undercover vehicles to be used for evidentiary purposes as part of the investigation, the department may purchase motor vehicles of various makes, models, and condition. These acquisitions shall be exempt from the following requirements:
(A)CA Business & Professions Code § 9882.6(b)(1)(A) Chapter 5.5 (commencing with Section 8350) of Division 1 of Title 2 of the Government Code.
(B)CA Business & Professions Code § 9882.6(b)(1)(B) Section 12990 of the Government Code and any applicable regulations promulgated thereunder.
(C)CA Business & Professions Code § 9882.6(b)(1)(C) Subdivision (a) of Section 13332.09 of the Government Code.
(D)CA Business & Professions Code § 9882.6(b)(1)(D) Section 14841 of the Government Code and subdivision (d) of Section 999.5 of the Military and Veterans Code.
(E)CA Business & Professions Code § 9882.6(b)(1)(E) Sections 2010, 10286.1, 10295.1, 10295.3, 10295.35, 10296, and 12205 and Article 13 (commencing with Section 10475) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code.
(F)CA Business & Professions Code § 9882.6(b)(1)(F) Section 42480 of the Public Resources Code.
(2)CA Business & Professions Code § 9882.6(b)(2) After purchase, the department may prepare the vehicle for use in an investigation by disabling, modifying, or otherwise changing the vehicle’s emission control system components or any other part or parts of the vehicle. To complete the investigation, the department may purchase or attempt to purchase repairs, services, or parts from those entities licensed or registered by the department. The funds for the preparation and purchases shall not be subject to the monetary limit specified in Section 16404 of the Government Code, but the department shall comply with all other provisions of that section. The department shall implement the safeguards necessary to ensure the proper use and disbursement of funds utilized pursuant to this section. These expenses may be paid out of the Consumer Affairs Fund established pursuant to Section 204.
(3)CA Business & Professions Code § 9882.6(b)(3) Vehicles acquired pursuant to this subdivision shall be exempt from requirements established pursuant to Chapter 8.3 (commencing with Section 25722) of Division 15 of the Public Resources Code.
(4)CA Business & Professions Code § 9882.6(b)(4) The department shall maintain an inventory of these vehicles and provide semiannual fleet reports to the Department of General Services, including, but not limited to, the vehicle’s identification number, equipment number, and acquisition and disposal information.
(5)CA Business & Professions Code § 9882.6(b)(5) Records associated with these vehicles are exempt from disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

Section § 9882.14

Explanation

This law requires the bureau to work with the Office of Traffic Safety to set rules for how car repair shops handle ignition interlock devices. These devices are used to stop a car from starting if the driver has been drinking. Manufacturers must follow bureau standards for installing these devices. The bureau can charge manufacturers a fee for monitoring this. If a repair shop doesn't follow the rules, the director can issue citations or revoke their registration. Also, repair shops must give customers certain information about these devices and a contact number for the bureau.

(a)CA Business & Professions Code § 9882.14(a) The bureau shall cooperate with the Office of Traffic Safety and adopt standards for the installation, maintenance, and servicing of certified ignition interlock devices by automotive repair dealers.
(b)CA Business & Professions Code § 9882.14(b) The manufacturers of certified ignition interlock devices shall comply with standards established by the bureau for the installation of those ignition interlock devices.
(c)CA Business & Professions Code § 9882.14(c) The bureau may charge manufacturers of certified interlock ignition devices a fee to recover the cost of monitoring installation standards.
(d)Copy CA Business & Professions Code § 9882.14(d)
(1)Copy CA Business & Professions Code § 9882.14(d)(1) The director may issue a citation to, or suspend or revoke the registration of, an automotive repair dealer who installs, maintains, and services ignition interlock devices if the automotive repair dealer is not in compliance with subdivision (k) of Section 23575.3 of the Vehicle Code.
(2)CA Business & Professions Code § 9882.14(d)(2) An automotive repair dealer shall provide to an individual receiving ignition interlock device services the information provided in subdivision (k) of Section 23575.3 of the Vehicle Code along with the contact telephone number of the bureau.