Administration - Electronic And Appliance Repair Dealers - Business & Professions - CA

Section § 9810

This section establishes the Bureau of Household Goods and Services within the Department of Consumer Affairs. The bureau is responsible for enforcing specific chapters of the law related to household goods and services. A Division of Household Movers is included within the bureau, which is managed by a chief appointed by the Governor. The chief answers to the director of the bureau and serves at the Governor's discretion. The director’s powers can be delegated to a deputy or assistant. References to previous bureaus are now directed to this new bureau. The bureau’s roles and duties will be reviewed by the Legislature with the consideration that it might be repealed in 2028.

(a)

(1) There is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8.

(2) There is a Division of Household Movers within the bureau for purposes of administering Chapter 3.1 (commencing with Section 19225) of Division 8. The Division of Household Movers shall be overseen by the chief of the bureau.

(b) 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.

(c) Every power granted to or duty imposed upon the director under this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.

(d) Whenever the laws of this state refer to the Bureau of Electronic Repair Dealer Registration or the Bureau of Electronic and Appliance Repair, the reference shall be construed to be to the Bureau of Household Goods and Services.

(e) Notwithstanding any other law, the powers and duties of the Bureau of Household Goods and Services, as set forth in this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter and Chapter 3 (commencing with Section 19000) and Chapter 3.1 (commencing with Section 19225) of Division 8 were scheduled to be repealed on January 1, 2028.

Bureau of Household Goods and Services Department of Consumer Affairs Division of Household Movers

Section § 9810.1

This law makes it clear that the primary responsibility of the Bureau of Household Goods and Services is to protect the public when it carries out its duties related to licensing, regulation, and discipline. Public safety must always take precedence over any other concerns.

Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

public protection Bureau of Household Goods and Services highest priority

Section § 9811

The director has the authority to hire and determine the pay for various staff members, including clerical and auditing staff, necessary for implementing this chapter's rules. These staff members will work under the supervision of the chief.

The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.

director appointments staff compensation clerical staff

Section § 9812

This law requires a director to gather evidence and investigate service dealers for any violations of certain rules. They must regularly conduct unannounced checks on these businesses at least two times a year, to make sure everyone is following the rules, whether the service dealer is registered or not.

The director shall gather evidence of violations of this chapter and of any regulation established hereunder, by any service dealer, whether registered or not, and by any employee, partner, officer, or member of any service dealer. The director shall, on their own initiative, conduct spot check investigations of service dealers throughout the state on a continuous basis, but no less than twice per year.

service dealers evidence gathering violations

Section § 9812.5

The director is responsible for looking into any service contractor's wrongdoing, whether they are officially registered or not. This includes checking on any associated employees, partners, or officers. The director will also regularly conduct random checks on these contractors across the state. This law is temporary and will expire on January 1, 2028.

The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or not, and by any employee, partner, officer, or member of any service contractor. The director shall, on their own initiative, conduct spot check investigations of service contractors throughout the state on a continuous basis.

This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

service contractor investigation spot check

Section § 9813

This part of the law says that the director has similar powers as the head of a department in the government and must follow certain rules outlined in another specific part of the Government Code, starting with Section 11180.

The director shall have the powers granted to the head of a department by, and shall conform to the provisions of Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2 of the Government Code.

director powers head of department Government Code

Section § 9814

This section allows the director to create and enforce rules that guide how service dealers should operate and ensure public protection. The director can define terms related to service dealers to cover similar items. Copies of these rules must be made available online or sent to registered service dealers. Any changes to these rules must follow a specific legal process.

The director may establish and enforce regulations as may be reasonable for the conduct of service dealers and for the general enforcement of the various provisions of this chapter in the protection of the public. The director may, by regulation, define the scope of the terms described in subdivisions (g) to (q), inclusive, of Section 9801 to include items of the same general nature or class as those enumerated therein. The director shall either make available on its internet website or distribute to each registered service dealer copies of this chapter and of the regulations thereunder. These regulations shall be adopted, amended, or repealed in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

service dealers regulations public protection

Section § 9814.5

This law section allows a director to create and enforce rules for service contractors to protect the public. The director must ensure these rules and regulations are easily accessible by making them available online or distributing them directly to registered service contractors. Any changes to the regulations must follow a specific process outlined in another legal document.

The director may establish and enforce reasonable regulations for the conduct of service contractors, and for the general enforcement of the various provisions of this chapter in the protection of the public. The director shall either make available on its internet website or distribute to each registered service contractor copies of this chapter and of the regulations adopted under this chapter. Regulations shall be adopted, amended, or repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

service contractors public protection enforce regulations