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TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL. COURSE CURRICULUM. TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL. COURSE CURRICULUM. TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL. Module Fourteen “SERVICE AGENCIES AND AGENTS”. Fourteenth in a series of 14. General Overview.

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training for the weights and measures official2
TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL

Module Fourteen“SERVICE AGENCIES AND AGENTS”

Fourteenth in a series of 14

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General Overview

This module will introduce you to the history, development, and current status of service agency registration and agent licensing

It will also discuss their rights and responsibilities

module objectives
Module Objectives

Understand the purpose of agency and agent registration

Be familiar with the current service agency law

Be able to determine who is operating as a service agency or agent

Understand the composition and purpose of the service agency advisory committee

history and background
History and Background

Before 1974:

  • No control over repair of devices
  • Anyone could repair a device – often it was the weights and measures official
  • Only a W&M official could place the device into commercial service
  • Caused delays and inconvenience to device owners
history and background1

Concern over registering in all 58 counties prompted new legislation

History and Background
  • Local ordinances and some sealers allowed registered repairman to place devices into service, pending sealer inspection
history and background 1974 2000
History and Background 1974 - 2000

1974

  • First statewide registration program added to B&P Code
  • Authorized Repairman to place new and repaired devices into commercial service
  • Could remove sealer’s out of order tags (“red” tags)
  • Work completed to be identified
  • Required sealer notification within 24 hours
history and background 1974 20001
History and Background 1974 - 2000

1983

  • Amendments permitted sealer to suspend repairman privileges in their county
  • Gave sealers some control in the state program
history and background 1974 20002

Increased fees

Exam for agent license

Possess copy of Field Reference Manual

Use certified standards

History and Background 1974 - 2000

2000

Current Service Agency law took effect and included:

service agency

Is any person or company who for hire or payment of any kind, repairs a commercial weighing or measuring device

Properly registered agencies and licensed agents have certain rights or privileges not afforded to others

These rights are accompanied by several legal responsibilities

Service Agency
agency responsibilities
Agency Responsibilities

Agencies must:

  • Register with the Department of Food and Agriculture
  • Ensure that all agents in their employ have a current service agent license
  • Possess a Field Reference Manual
  • Notify the Department of hiring or firing of agents within 30 days
  • Provide certification documents for standards to sealer upon request
  • Notify sealer of repair of device within 24 hours
agencies rights
Agencies Rights

Agencies are authorized to:

Remove sealer’s ‘out of order’ tags (“red” tags)

Place a correct device into commercial service

standards

Agencies must use suitable traceable standards

Standards
  • Currently standards must be certified every two years
  • Period of timemay be increased with supporting statistical data

They must conform with NIST 105 series handbook where applicable

service agent
Service Agent

Must possess a valid license

Must pass a written exam with a score of 70% or higher

Exam tests a person’s knowledge of California Service Agency Law and Regulations

Exam can be taken at any sealer’s office

agent s responsibilities
Agent’s Responsibilities

Agents must:

  • Possess a service agent license
  • Identify their work
agent s responsibilities1

The format of the tag or label is not mandated

Agent Name: ______________ Agency Registration No.: _____________

Agent License No.: _________ Agency Telephone No.:_______________

Service/Repair Date: ________

Agent’s Responsibilities

The agent must identify their work with an adhesive tag or label that shows the:

Agent’s name and license number

Registration and phone number of the agency

Date the work was completed

agent s responsibilities2
Agent’s Responsibilities

On devices where a security seal is required, the seal must show the agency registration number and the year

disciplinary action state
Disciplinary Action - State
  • Department may suspend agency registration for actions of its agents in violation of Division 5
  • Registration may be suspended, revoked, or denied for violations of Chapter 5.5
  • Department must follow procedures in Chapter 5 of the Government Code
disciplinary action county
Disciplinary Action - County

County Suspension

Sealer may suspend agency authorization to place devices into service or remove ‘out of order tag’ for violations of Division 5

suspension county
Suspension - County

Sealer must:

Give written notification

Specify alleged violations

Date and give duration of suspension

Name(s) of agent(s) affected

Provide an opportunity for a hearing and legal representation

Right to appeal

suspension county1
Suspension - County
  • Copy of proposed action to Department
  • Department may extend suspension to other counties
enforcement
Enforcement

Use Placed-in-Service Report as a tool:

  • Does it contain all required information?
  • Is the agency registered?
  • Is the agent licensed?
  • Notify Department of unregistered agency or unlicensed agent
enforcement1
Enforcement

Ask for standards certification documents if you red tag a device for tolerance during a re-inspection

Remember, tolerances are for the official, not the agent

Take appropriate legal action against any violators

types of enforcement
Types of Enforcement

Civil Administrative Procedure

Allows sealer to impose a penalty without court procedure

Citation (Notice to Appear)

Criminal filing for more serious violations

Civil Filing

Filed with the district attorney or California Attorney General

advisory committee
Advisory Committee

The Committee was established in January 2003 and its purpose is to advise the Department in all matters concerning registration of service agencies

summary
Summary

Agencies and agents must Register

Agents must be licensed

Can remove “red” tags

Can place devices into service

Must notify sealer within 24 hours

conclusion
Conclusion

This training module has provided you with a better understanding of the Registered Service AgencyProgram and a deeper appreciation about their rightsand responsibilities.

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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL

This Concludes Module 14“Service Agencies & Agents”

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