Section § 19200

Explanation

This law allows the chief or any inspector to enter and check the places and things used by businesses covered under this chapter. They can look at equipment, materials, products at any stage of completion, and all related records.

The chief or any inspector shall have access to the premises, equipment, materials, partly finished and finished articles and records of any person subject to the provisions of this chapter.

Section § 19200.5

Explanation

This section gives authority to the chief or inspectors to examine, by opening them, any upholstered furniture or bedding to check the materials inside. They can take the whole item or just a sample for testing. If the material is legally compliant, the bureau will pay back the business for the sample cost. However, if the material doesn't meet regulations, no reimbursement is given.

(a)CA Business & Professions Code § 19200.5(a) The chief or any inspector may open any articles of upholstered furniture or bedding, including pillows or cushions belonging to or forming a part thereof, or insulation for the purpose of inspecting concealed filling material and may take either the entire article or samples of filling material or insulation in such quantities as may be necessary for analysis.
(b)CA Business & Professions Code § 19200.5(b) The bureau shall reimburse the manufacturer, distributor, or retailer for the actual cost of any article or sample of filling material or insulation taken for analysis under subdivision (a) unless the article or sample is found to be in violation of this chapter or any regulation adopted by the bureau.

Section § 19201

Explanation

The person in charge or an inspector has the authority to check if used or damaged bedding or filling materials are suitable to be cleaned and sold again.

The chief or any inspector may determine the fitness of any secondhand or damaged article of bedding or filling material, for sanitization and sale.

Section § 19202

Explanation
If upholstered furniture or bedding doesn't meet the requirements in this chapter, the bureau can stop it from being sold, take it away, or destroy it.
The bureau may condemn, withhold from sale, seize, or destroy any upholstered furniture or bedding or any filling material or insulation which is found to be in violation of this chapter.

Section § 19203

Explanation

If an inspector condemns any piece of upholstered furniture or bedding, they need to attach a red tag to it. This tag will include information specified by the chief.

The tag to be affixed to any article of condemned upholstered furniture or bedding, or any material or insulation, by an inspector shall be a red tag and shall contain such information as may be required by the chief.

Section § 19204

Explanation
If you take off or make someone else take off a label or device that was put on your upholstered furniture or bedding by an inspector, you are breaking this law.
Every person who removes, or causes to be removed, any tag or device placed upon any upholstered furniture or bedding or any material or insulation, by an inspector is guilty of a violation of this chapter.

Section § 19205

Explanation

If someone refuses to show an inspector an item that has been condemned or a notice of violation they signed or chose not to sign, they are breaking the rules of this chapter.

The failure of any person to produce upon demand of an inspector any article that has been condemned and ordered held on a notice of violation signed by such person, or a notice of violation that the person has refused to sign, is a violation of this chapter.

Section § 19206

Explanation

This law says that you can't do anything to disrupt or get in the way of an inspector from the bureau or from the department's Division of Investigation while they are working or doing their job.

No person shall interfere with, obstruct or otherwise hinder any inspector of the bureau or of the department’s Division of Investigation in the performance of his or her duties.

Section § 19207

Explanation

Whenever an inspector finds out about a rule being broken in this chapter, they must inform the chief about it.

Any inspector having knowledge of a violation of any of the provisions of this chapter shall notify the chief of the violation.

Section § 19208

Explanation

The head of the department or someone they choose can require a licensed individual to come to a meeting. At this meeting, the person has to explain why they shouldn't face punishment or legal action for breaking the rules of this specific chapter.

The chief or his or her authorized designee may cite any person licensed under and subject to the provisions of this chapter to participate in an office conference before the chief to show cause why he or she should not be subject to any or a range of disciplinary actions or to prosecution for any violation of this chapter.

Section § 19209

Explanation

This law section states that whenever there is a hearing or disciplinary action related to this chapter, it must follow the rules outlined in another specific part of the Government Code, unless Article 9.5 of this chapter requires otherwise.

Except as otherwise required to comply with the provisions of Article 9.5 of this chapter, the proceedings in any hearing or disciplinary action under this chapter shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 19210

Explanation

This law says that a business license can be disciplined through suspension, revocation, reprimand, or probation if a business violates specific laws or rules, including those against false advertising. However, for wholesalers or retailers, their license can't be suspended unless it's proven they knowingly sold non-compliant products. Additionally, when suspending or revoking a license, the bureau can set conditions on how to handle the non-compliant products or fulfill any existing contracts.

After a hearing, a license may be suspended, revoked, reprimanded, or placed on probation for a violation of any of the provisions of this chapter or of the rules and regulations of the bureau, or for a violation of Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false or misleading advertising; provided, however, that the license of a wholesaler or retailer shall not be suspended in the absence of a finding that the wholesaler or retailer knowingly offered for sale or sold articles not conforming to the requirements of this chapter or the rules and regulations of the bureau.
In any order of suspension or revocation, the bureau may impose conditions relative to the disposition of articles not conforming to the requirements of this chapter or the rules and regulations of the bureau, or may impose conditions relative to the completion or fulfillment of any orders or contracts entered into prior to the date of the hearing.

Section § 19211

Explanation

If someone loses their license, doesn't renew it while it's suspended, or has it revoked, and they were also involved in the reasons for that license issue, they cannot hold certain positions (like director or manager) in companies that require a license. If a business allows such a person to take a leadership role, the business can face disciplinary actions.

Any person who has been denied a license, or who has had their license revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension, or any person who has been a member of any limited liability company or of any partnership, or an officer or director of any corporation, or an officer or person acting in a managerial capacity of any firm or association, whose license has been revoked, or whose license is under suspension, or who has failed to renew a license while it was under suspension, and while acting as a member, officer, director, or person acting in a managerial capacity, participated in any of the prohibited acts for which the license was suspended, or revoked, shall be prohibited from serving as a member of any licensed limited liability company or of any licensed partnership, or as an officer or director of any licensed corporation, or as an officer or person acting in a managerial capacity of any licensed firm or association, and the employment, election, or association of a person in this capacity by a licensee shall constitute grounds for disciplinary action against the licensee.

Section § 19212

Explanation

If a business entity like a partnership or corporation does something that could get it in trouble with its license, then any members or leaders of that business who were involved in the wrongdoing can also be disciplined. This applies to partners, members, officers, directors, or managers who took part in the bad action.

The performance by any partnership, limited liability company, corporation, firm, or association of any act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against any licensee who is a member of that partnership or limited liability company, or an officer or director of that corporation, or an officer or person acting in a managerial capacity of that firm or association, if the licensee participated in the prohibited act or omission.

Section § 19213

Explanation

This law allows a bureau to check if insulation products sold in the state meet certain standards. They do this by running regular inspections themselves or using independent labs. If they find any manufacturers, distributors, or retailers not following the rules, these parties must pay fees for the necessary inspections and tests, which are set to cover only the actual testing costs with a minimum of $200 per test or inspection. Additionally, they cannot renew a license until all fees are paid. The bureau can also order independent tests to ensure compliance with insulation standards.

The bureau may monitor compliance with all insulation standards, including those adopted by the Energy Resources Conservation and Development Commission, pursuant to Section 25402 of the Public Resources Code, by conducting periodic inspections with its own personnel, or by requiring inspections conducted by an approved independent third party laboratory, of manufacturers, distributors, or retailers of insulation material sold within the state in order to determine their compliance with this article. The bureau shall annually test all categories of insulation products for which standards have been adopted. The bureau may require those manufacturers, distributors, or retailers that are inspected and found not in compliance with this article, or any regulation implementing it, to pay such reasonable fees as are necessary to cover the costs of inspections and testing necessary to investigate and enforce compliance by those manufacturers, distributors, and retailers. Fees shall be fixed in an amount not more than the cost of testing and inspection with a minimum fee of two hundred dollars ($200) for each test or inspection. The bureau may also conduct, or contract with approved independent third party laboratories to conduct, independent performance tests of insulation materials sold in the state, in order to determine compliance with its adopted standards. Where a fee is not paid, the full amount of the assessed fee shall be added to the fee for the renewal of a license. A license shall not be renewed without payment of the renewal fee and all fees for testing and inspection.

Section § 19213.1

Explanation

This law allows the bureau to charge fees to businesses that sell or make furniture and bedding that don't meet legal standards when tested. The fees, which cover the cost of necessary inspections and tests, range from $200 to $500. If fees are not paid, they are added to the business's license renewal fee. The business can't renew its license until all fees are fully paid.

The bureau may require a licensee who sells or manufactures furniture and bedding products that are inspected and found not to be in compliance with this chapter, or any regulation implementing it, to pay those reasonable fees as are necessary to cover the costs of inspections and testing necessary to investigate and enforce compliance by those licenses. Fees shall be fixed in an amount not more than the cost of testing and inspection except that the minimum fee shall be two hundred dollars ($200) for each test or inspection. The range of fees for testing or inspection shall be fixed by the bureau in an amount not less than two hundred dollars ($200) and not more than five hundred dollars ($500) for each test or inspection. Where a fee is not paid, the full amount of the assessed fee shall be added to the fee for the renewal of a license. A license shall not be renewed without payment of the renewal fee and all fees for testing and inspection.

Section § 19214

Explanation

If someone breaks the rules about insulation standards or looks like they're about to, a court can step in and stop them. The court can also take steps to return any money or property gained through the violation. Government officials, like the Attorney General or district attorneys, can take legal action to stop these violations. Each violation can result in a fine up to $2,500, and each bag or packet of insulation sold against the rules is treated as a separate offense. Penalties collected are split between the state and local authorities, depending on who spearheaded the case. If the state bureau initiates the action, their investigation costs are deducted from the penalty before distribution.

Any person who violates or proposes to violate any provision of this chapter relating to insulation standards may be enjoined by any court of competent jurisdiction. The court may make those orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice which violates any provision of this chapter.
Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own motion or upon the complaint of any board, officer, person, corporation, association, partnership, limited liability company, or by any person acting for the interests of itself, its members, or the general public.
(a)CA Business & Professions Code § 19214(a) A person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, city attorney, or city prosecutor in any court of competent jurisdiction. The unit for a separate and distinct offense regarding insulation in violation of this chapter is each and every bag, bale, package, roll, or other container sold, offered for sale, or possessed with intent to sell or install contrary to the provisions of this chapter.
(b)CA Business & Professions Code § 19214(b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city.
(c)CA Business & Professions Code § 19214(c) If the action is brought at the request of the bureau, the court shall determine the reasonable expenses incurred by the bureau in the investigation and prosecution of the action.
Before any penalty collected is paid out pursuant to subdivision (b), the amount of the reasonable expenses incurred by the bureau shall be paid to the Treasurer.