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Proposed Rulemaking for Smog Check Licensing and Disciplinary Guidelines - Workshop Overview

The Bureau of Automotive Repair is proposing new regulations concerning Smog Check licensing, including definitions, licensing of smog stations, and qualifications for inspectors and technicians. Key amendments include updates to station types, the introduction of probationary licenses, and revisions to the disciplinary guidelines, including new penalty tables and terms of probation for violations. The comment period for feedback on these proposals is open until October 1, 2013. Stakeholders are encouraged to submit their thoughts for consideration.

maribeth-madsen
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Proposed Rulemaking for Smog Check Licensing and Disciplinary Guidelines - Workshop Overview

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  1. PROPOSED RULEMAKING Workshop September 17, 2013

  2. PROPOSED RULEMAKING BUREAU OF AUTOMOTIVE REPAIR SUBJECT MATTER OF PROPOSED REGULATIONS: Smog Check Licensing - §§ 3340.1, 3340.10, 3340.28 Disciplinary Guidelines - § 3395.4 Probationary Registration/License - § 3395.5

  3. PROPOSED RULEMAKING I. SMOG CHECK LICENSES BUREAU OF AUTOMOTIVE REPAIR • Amend § 3340.1 – Definitions • Amend § 3340.10 – Licensing of Smog Stations • Amend §3340.28 – Licenses and Qualifications

  4. PROPOSED RULEMAKING I. SMOG CHECK LICENSES BUREAU OF AUTOMOTIVE REPAIR Amend § 3340.1 – Definitions • Add “Advanced emission specialist technician” • Add “Basic area technician” • Amend “Repair-Only station” to “Smog Check repair-only station” or “repair-only station” • Amend definition of “Smog Check station” to include all station types • Other minor, technical, grammatical, and editorial changes

  5. PROPOSED RULEMAKING I. SMOG CHECK LICENSES BUREAU OF AUTOMOTIVE REPAIR Amend § 3340.10 – Licensing of Smog Check Stations • Update station types • Application to change license type considered application for an initial license • Specify the Bureau’s continued jurisdiction and enforcement over stations upon redesignation from one station type to another station type

  6. PROPOSED RULEMAKING I. SMOG CHECK LICENSES BUREAU OF AUTOMOTIVE REPAIR Amend § 3340.28 – Licenses and Qualifications for Smog Check Inspectors and Repair Technicians • Specify the Bureau’s continued jurisdiction and enforcement over technicians upon redesignation to the new license types

  7. PROPOSED RULEMAKING II. DISCIPLINARY GUIDELINESAmend § 3340.28 – Disciplinary Guidelines BUREAU OF AUTOMOTIVE REPAIR

  8. PROPOSED RULEMAKING II. DISCIPLINARY GUIDELINES BUREAU OF AUTOMOTIVE REPAIR • Revised format • New General Considerations section • Revised Factors in Aggravation and Mitigation • New Model Disciplinary Orders • Revised Terms and Conditions of Probation

  9. PROPOSED RULEMAKING II. DISCIPLINARY GUIDELINES BUREAU OF AUTOMOTIVE REPAIR • Revised Penalty Tables • Three separate tables by statutory or regulatory category • Incorporates legislative and regulatory changes • Maximum Penalty = Revocation • Minimum Penalty = “Invalidation/Revocation of applicable registration/license, invalidation/revocation stayed, suspension, and X years probation.”

  10. PROPOSED RULEMAKING II. DISCIPLINARY GUIDELINES BUREAU OF AUTOMOTIVE REPAIR • Revised Penalty Tables (Con’t) • Revised probation terms based on category of violation: 5 yrs Fraud; Criminal Conviction; Smog Check Program Requirements & Standards 3 yrs False or Misleading; Unlicensed Activity; Trade Standards; Records/Invoice/ Estimate/Equipment Requirements 2 yrs General Requirements

  11. PROPOSED RULEMAKING III. PROBATIONARYREGISTRATION/LICENSE BUREAU OF AUTOMOTIVE REPAIR Add § 3395.5 – Probationary Registration or License BPC § 9884.21 states, in part, “…the director may…issue a probationary registration to an applicant subject to terms and conditions deemed appropriate by the director…”

  12. PROPOSED RULEMAKING III. PROBATIONARYREGISTRATION/LICENSE BUREAU OF AUTOMOTIVE REPAIR • Proposed language includes: • Process for offering and issuing a probationary registration/license to applicant who has been denied a standard registration/license • Specifies standard terms and conditions • Term limit up to three (3) years • Process for obtaining a standard registration/license

  13. PROPOSED RULEMAKING BUREAU OF AUTOMOTIVE REPAIR NEXT STEPS ? I. Comment Period Please submit any written comments concerning the proposed rulemaking to the following contact by COB on Tuesday, October 1, 2013: Name: Vincent Somma Address: 10949 N. Mather Blvd. Rancho Cordova, CA 95670 E-Mail Address: vincent.somma@dca.ca.gov

  14. PROPOSED RULEMAKING BUREAU OF AUTOMOTIVE REPAIR • NEXT STEPS ? • Finalize Rulemaking Package • Initiate Review Process • File Notice of Proposed Action with the Office of Administrative Law

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