The bureau may, at the request of any household mover, suspend the operating permit of the household mover for a definite time during which it is unlawful for the household mover to conduct any operations as
a household mover.
Household Movers ActSuspension and Revocation of Permits
Section § 19271
If a moving company asks them to, the bureau can pause the company's permit for a certain period. During this time, the moving company can't legally operate.
household mover operating permit suspension permit suspension request
Section § 19272
If a permit is suspended, the bureau will make you take off any identifying symbols from the vehicle that was using that permit.
Upon the suspension of a permit, the bureau shall require the removal from any vehicle operated under the permit of any identifying symbols that have been placed on the vehicle.
permit suspension identifying symbols vehicle removal
Section § 19273
When a suspension period ends, the bureau will give the moving company its permit back, and the company must put its identifying symbols back on all its vehicles.
Upon the termination of the period of suspension, the bureau shall restore the permit and the household mover shall again place on all vehicles the identifying symbols removed pursuant to the suspension.
termination of suspension restore permit household mover
Section § 19274
This section explains that a permit stays active unless it's suspended or terminated under specific rules. If you don't use your permit for a year, it will automatically end. You can't sell, lease, or transfer your permit without getting approval from the bureau. The bureau will only approve this if your permit is currently valid and hasn't ended because it wasn't used. Any transfer made without the bureau's approval is invalid.
A permit shall remain in effect until suspended or terminated as provided in this chapter. Any permit not exercised for a period of one year, inclusive of all periods of suspension, shall lapse and terminate.
A permit shall not be sold, leased, assigned, or otherwise transferred or encumbered by the holder of the permit without the holder first having secured from the bureau an order authorizing the transfer or encumbrance. The bureau shall not authorize any transfer or encumbrance of a permit except pursuant to a finding made by the bureau that the permit authorized to be transferred or encumbered has not lapsed or been terminated by nonexercise as provided in this section. Any sale, lease,
assignment, or other transfer or encumbrance is void unless made in accordance with the order of the bureau authorizing it.
permit suspension permit termination permit lapse
Section § 19274.1
This law section says that the bureau can only allow the sale, lease, or transfer of a permit to someone who meets specific qualifications outlined in another section. It also states that the bureau will set up the process for assigning permits, transferring permits through business sales, leases, or rentals, and for changes in the name, ownership, or address related to these permits.
(a)CA Business & Professions Code § 19274.1(a) The bureau shall only authorize a sale, lease, assignment, or other transfer of a permit to a transferee who has qualified in the manner provided by Section 19239.
(b)CA Business & Professions Code § 19274.1(b) The bureau shall prescribe the procedure relative to:
(1)CA Business & Professions Code § 19274.1(b)(1) Assignment of permits.
(2)CA Business & Professions Code § 19274.1(b)(2) Transfer of permits between persons, where the transfer is effected through rent, lease, or sale of the business.
(3)CA Business & Professions Code § 19274.1(b)(3) Change in name, ownership, and address.
permit transfer permit assignment sale of business
Section § 19275
This law section outlines the conditions under which the bureau can suspend, amend, or revoke the operating permits of household movers. These actions can occur if the mover files false reports, provides misleading information, or fails to comply with rules and regulations. Additionally, if a mover or its officers are convicted of certain crimes, such as theft or fraud, their permits can be canceled or revoked. Alternatives to revocation include fines up to $30,000. The law also prohibits individuals convicted of specific felonies from holding positions within a moving company, and the bureau can act to protect the public by modifying the company's operational permissions accordingly.
(a)CA Business & Professions Code § 19275(a) The bureau may suspend the permit of any household mover after notice and an opportunity to be heard, if the household mover knowingly and willfully files a false report with the bureau.
(b)CA Business & Professions Code § 19275(b) The bureau may amend or revoke, in whole or in part, the permit of any household
mover, upon application of the permitholder, or may suspend, change, or revoke, in whole or in part, a permit, upon complaint or on the bureau’s own initiative, after notice and an opportunity to be heard, for providing false or misleading information on an application for a permit or for failure to comply with this chapter or with any order, rule, regulation, or tariff administered by the bureau, or with any term, condition, or limitation of the permit.
(c)CA Business & Professions Code § 19275(c) As an alternative to the cancellation, revocation, or suspension of an operating permit or permits, the bureau may impose upon the holder of the permit or permits a fine of not more than thirty thousand dollars ($30,000). All fines collected shall be deposited into the
fund.
(d)CA Business & Professions Code § 19275(d) The bureau may cancel, suspend, or revoke the permit of any household mover upon the conviction of the household mover of any misdemeanor under this chapter while holding operating authority issued by the bureau, or the conviction of the household mover or any of its officers of a felony
while holding operating authority issued by the bureau, limited to robbery, burglary, any form of theft, any form of fraud, extortion, embezzlement, money laundering, forgery, false statements, an attempt to commit any of the offenses described in this subdivision, aiding and abetting or conspiring to commit any of the offenses described in this subdivision, or intentional dishonesty for personal gain.
(e)Copy CA Business & Professions Code § 19275(e)
(1)Copy CA Business & Professions Code § 19275(e)(1) As used in this subdivision, “convicted of a prescribed felony” means a plea or verdict of guilty or a conviction following a plea of nolo contendere for any felony described in subdivision (d), or for an attempt to commit, aiding and abetting, or conspiring to commit any felony described in subdivision (d), that is committed in connection with, or arising from, a transaction for the transportation of used
household goods or personal effects.
(2)CA Business & Professions Code § 19275(e)(2) If a household mover is convicted of a prescribed felony, the permit of the household mover may be revoked.
(3)CA Business & Professions Code § 19275(e)(3) If an officer, director, or managing agent of the household mover is convicted of a prescribed felony, the
permit of the
household mover may be suspended for a period of five years. If the bureau determines that the household mover did not have knowledge of, participate in, direct, aid and abet, authorize, or ratify the conduct of the person convicted and did not in any manner benefit from that conduct, the bureau may reinstate the permit on terms the bureau determines to be appropriate in the interest of justice and to ensure the protection of the public. The bureau may also extend the suspension or revoke the permit as provided in subdivision (d).
(4)CA Business & Professions Code § 19275(e)(4) If an officer, director, managing agent, or employee of the
household mover is convicted of a prescribed felony, the person may not be an officer, director, managing agent, or employee of, or serve in any other capacity with, a household mover.
(5)CA Business & Professions Code § 19275(e)(5) It is a violation of this chapter for a household mover that knows or should know that a person has been convicted of a prescribed felony to hire, retain, or otherwise allow that person to serve as an officer, director, managing agent, or employee of, or in any other capacity
with, the
household mover.
household mover false report permit suspension
Section § 19275.1
This law explains what happens if a household moving company is suspected of lying about having workers' compensation insurance or has a judgment against them for not paying an employee as required. First, if a stop order is issued because of potential insurance fraud, the bureau will investigate and can penalize the company with fines or suspension. Second, if a company has a final judgment for not paying an employee, the bureau will start to revoke its permit unless the company pays the judgment or it is resolved through bankruptcy. Companies will be notified about their right to a hearing, and if they still haven't paid the judgment, their permit will be revoked.
(a)CA Business & Professions Code § 19275.1(a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the bureau shall investigate to determine whether the household mover has filed a false statement relative to workers’ compensation insurance coverage, in violation of statute, or of rules or orders administered by the bureau. If, after notice and an opportunity to be heard, the bureau determines that there has been a violation of statute, or of rules or orders administered by the bureau, the bureau shall impose
appropriate penalties, which may include a fine and suspension of operating authority for a violation.
(b)CA Business & Professions Code § 19275.1(b) Upon receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any household mover as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the bureau shall, 30 days from the date the household mover is mailed the notice, initiate action to revoke the
household mover’s permit unless the judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.
(c)CA Business & Professions Code § 19275.1(c) Within seven days of receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any household mover as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the bureau shall furnish the household mover
named in the final judgment written notice of the right to a hearing regarding the complaint and the procedure to follow to request a hearing. The notice shall state that the bureau is required to initiate revocation proceedings pursuant to subdivision (b) unless the household mover provides proof that the judgment is satisfied or has been discharged in accordance with the bankruptcy laws of the United States. The notice shall also inform the household mover of a right to a hearing and the procedures to follow to request a hearing.
Proceedings under this section shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the bureau finds that an unsatisfied judgment exists concerning a debt arising under Section 3717 of the Labor Code, the bureau shall immediately revoke the household mover’s permit.
household movers stop order workers' compensation insurance
Section § 19275.2
This law lets the bureau suspend a household mover's permit if the Department of the California Highway Patrol recommends it because of safety issues, driver record problems, or unpaid fees. If suspended, the mover can ask for an inspection and pay a fee to try to get their permit back. The bureau will reinstate the permit if the CHP confirms safety improvements or that fees are paid. Before making a suspension recommendation, the CHP must inform the mover about the issues and give them a chance to challenge the decision. If a mover continues to operate while suspended, the bureau can revoke their permit or fine them up to $5,000 daily for illegal operations.
(a)Copy CA Business & Professions Code § 19275.2(a)
(1)Copy CA Business & Professions Code § 19275.2(a)(1) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the permit of a household mover be suspended for any of the following, the bureau, pending a hearing in the matter pursuant to subdivision (d), shall initiate proceedings to suspend the household mover’s permit:
(A)CA Business & Professions Code § 19275.2(a)(1)(A) Failure to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with applicable regulations contained in Title 13 of the California Code of Regulations, if that failure is either a consistent failure or presents an imminent danger to public safety.
(B)CA Business & Professions Code § 19275.2(a)(1)(B) Failure to enroll all drivers in the pull-notice system as required by Section 1808.1 of the Vehicle Code.
(C)CA Business & Professions Code § 19275.2(a)(1)(C) Failure to submit any application or pay any fee required by subdivision (e) or (h) of Section 34501.12 of the Vehicle Code within the timeframes set forth in that section.
(2)CA Business & Professions Code § 19275.2(a)(2) The written recommendation shall specifically
indicate compliance with subdivision (c).
(b)Copy CA Business & Professions Code § 19275.2(b)
(1)Copy CA Business & Professions Code § 19275.2(b)(1) A household mover whose permit is suspended pursuant to subdivision (a) may obtain a reinspection of its terminal and vehicles by the Department of the California Highway Patrol by submitting a written request for reinstatement to the bureau and paying a reinstatement fee of one hundred twenty-five dollars ($125).
(2)CA Business & Professions Code § 19275.2(b)(2) A household mover whose permit is
suspended for failure to submit any application or to pay any fee required by Section 34501.12 of the Vehicle Code shall present proof of having submitted that application or having paid that fee to the Department of the California Highway Patrol before applying for reinstatement of that permit.
(3)CA Business & Professions Code § 19275.2(b)(3) The bureau shall deposit all reinstatement fees collected pursuant to this subdivision in the fund. The bureau shall then forward a request for reinspection to the Department of the California Highway Patrol which shall then perform a reinspection within a reasonable time or verify receipt of the application or fee, or both the application and fee. The bureau shall reinstate a household
mover’s
permit that is suspended under subdivision (a) promptly upon receipt of a written recommendation from the Department of the California Highway Patrol that the household mover’s safety compliance has improved to the satisfaction of that department, or that the required application or fees have been received, unless the permit is suspended for another reason or has been revoked.
(c)CA Business & Professions Code § 19275.2(c) Before transmitting a recommendation pursuant to subdivision (a) to the bureau, the Department of the California Highway Patrol shall notify the household
mover in writing of all of the following:
(1)CA Business & Professions Code § 19275.2(c)(1) That the Department of the California Highway Patrol has determined that the household mover’s safety record, or compliance with Section 1808.1 of, or subdivision (e) or (h) of Section 34501.12 of, the Vehicle Code, is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination.
(2)CA Business & Professions Code § 19275.2(c)(2) That the determination may result in a suspension or revocation of the
household mover’s permit by the bureau.
(3)CA Business & Professions Code § 19275.2(c)(3) That the household mover may request a review of the determination by the Department of the California Highway Patrol within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the household mover, the Department of the California Highway Patrol shall conduct and evaluate that review prior to transmitting any notification to the bureau
pursuant to subdivision (a).
(d)CA Business & Professions Code § 19275.2(d) If the bureau, after a hearing, finds that a household mover has continued to operate as a household mover after its permit or permits have been suspended pursuant to subdivision (a), the bureau shall do one of the following:
(1)CA Business & Professions Code § 19275.2(d)(1) Revoke the operating permit or permits of the
household mover.
(2)CA Business & Professions Code § 19275.2(d)(2) Impose upon the holder of the permit or permits a fine of not less than one thousand dollars ($1,000) nor more than five
thousand dollars ($5,000) for each day of unlawful operations.
household mover permit suspension safety compliance
Section § 19276
If a moving company's permit is revoked or canceled, or if their permit is suspended, they cannot operate as a moving company during that time. If they apply for a new permit, authorities can choose to approve or deny it. This decision can be based on whether they have been previously found to engage in illegal activities as specified in related laws.
After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a household mover to conduct any operations as a household mover. The bureau may either grant or deny an application for a new permit whenever it appears that a prior permit of the applicant has been canceled or revoked pursuant to Section 19275, or whenever it
appears, after a hearing, that as a prior permitholder, the applicant engaged in any of the unlawful activities set forth in Section 19275 for which its permit might have been canceled or revoked.
household mover operations permit cancellation permit suspension
