2005 California Business and Professions Code Sections 9882-9882.6 Article 2. Administration

9882.  (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director.  The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director.  The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9.  These rules and regulations shall be
adopted pursuant to Chapter 4.5 (commencing with Section 11371) of
Part 1 of Division 3 of Title 2 of the Government Code.
   (b) In 2003 and every four years thereafter, the Joint Legislative
Sunset Review Committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the bureau.  In
those hearings, the bureau shall have the burden of demonstrating a
compelling public need for the continued existence of the bureau and
its regulatory program, and that its function is the least
restrictive regulation consistent with the public health, safety, and
welfare.  The committee shall evaluate and review the effectiveness
and efficiency of the bureau based on factors and minimum standards
of performance that are specified in Section 473.4.  The committee
shall report its findings and recommendations as specified in Section
473.5.  The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.
9882.1.  The director in accordance with the State Civil Service
Act, Part 2 (commencing with Section 18500) of Division 5 of Title 2
of the Government Code, may appoint and fix the compensation of such
clerical, inspection, investigation, and auditing personnel, as well
as an assistant chief, as may be necessary to carry out the
provisions of this chapter except as otherwise provided by Section
159.5.  All such personnel shall perform their respective duties
under the supervision and the direction of the chief.
9882.2.  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.
   Before a chief is appointed, the Governor shall give due
consideration to any person or persons recommended by the board.
9882.3.  Every power granted to or duty imposed upon the director
under this chapter may be exercised or performed in the name of the
director by a deputy or assistant director or by the chief, subject
to such conditions and limitations as the director may prescribe.
9882.4.  The director shall keep a complete record of all registered
automotive repair dealers showing the names and addresses of all
such dealers. A copy of the roster shall be made available to any
person requesting it upon the payment of such sum as shall be
established by the chief as sufficient to cover the costs thereof.
The bureau shall send to registered automotive repair dealers, at
least twice a year, a newsletter which may describe recently adopted
regulations, proposed regulations, disciplinary hearings, and any
other information that the director shall determine will assist the
bureau in its enforcement program.
9882.5.  The director shall on his or her own initiative or in
response to complaints, investigate on a continuous basis and gather
evidence of violations of this chapter and of any regulation adopted
pursuant to this chapter, by any automotive repair dealer or
automotive technician, whether registered or not, and by any
employee, partner, officer, or member of any automotive repair
dealer.  The director shall establish procedures for accepting
complaints from the public against any dealer or automotive
technician.  The director may suggest measures that, in the director'
s judgment, would compensate for any damages suffered as a result of
an alleged violation.  If the dealer accepts the suggestions and
performs accordingly, such fact shall be given due consideration in
any subsequent disciplinary proceeding.
9882.14.  (a) The bureau shall cooperate with the Office of Traffic
Safety and adopt standards for the installation of and designate
stations for the installation of ignition interlock devices.
   (b) The manufacturers of ignition interlock devices shall comply
with standards established by the bureau for the installation of
those ignition interlock devices.
   (c) The bureau may charge manufacturers of certified interlock
ignition devices a fee to recover the cost of monitoring installation
standards.
9882.6.  (a) (1) The  Director of Consumer Affairs shall appoint a
Bureau of Automotive Repair Administration and Enforcement Monitor no
later than January 3, 2005.  The  director may retain a person for
this position by a personal services contract.  The Legislature
hereby finds, pursuant to Section 19130 of the Government Code, that
this is a new state function.
   (2) The  director shall supervise the administration and
enforcement monitor and may terminate or dismiss him or her from this
position.
   (b) The  director shall advertise the availability of this
position.  The requirements for this position shall include
experience in the performing of audits of or operating state
administrative regulatory agencies, familiarity with state laws,
rules, and procedures pertaining to the bureau, and familiarity with
the relevant administrative procedures.
   (c) (1) The administration and enforcement monitor shall evaluate
the bureau's disciplinary system and procedures, with specific
concentration on improving the overall efficiency and assuring the
fairness of the enforcement program, and the need for administrative
structural changes.  The director shall specify further duties of the
monitor.
   (2) This monitoring duty shall be on a continuing basis for a
period of no more than two years from the date of the administration
and enforcement monitor's appointment and shall include, but not be
limited to, researching and analyzing the following:
   (A) The appropriate authorization for, accuracy of, and
consistency in, the application of sanctions or discipline imposed on
licensees or registrants.
   (B) The viability and fairness of procedures available to
licensees and registrants to respond to allegations of violations
prior and subsequent to formal and/or other disciplinary actions
being taken.
   (C) The accessibility, fairness, and independence of the appeals
process for licensees and registrants at all levels of the
disciplinary process, including procedures to respond to allegations
before and after formal and/or other disciplinary actions are taken.
   (D) The prioritization of investigatory and prosecutory resources,
particularly with respect to cases involving significant consumer
harm.
   (E) The adequacy of expertise of bureau staff in accepted industry
standards, practices, and the applicable state and federal laws.
   (F) The effectiveness of the Bureau's Industry Ombudsman and
Advisory Committee, particularly in relation to their communication
with licensees, registrants, and the public.
   (G) The effectiveness of the bureau's cooperation with other
governmental entities charged with enforcing related laws and
regulations regarding automotive repair dealers and smog check
stations and technicians.
   (H) The creation of a statutory definition of the term "fraud."
   (I) The establishment of formal diagnostic and repair standards.
   (J) The licensing or registration of technicians working within
the various fields of automotive repair.
   (K) The establishment in regulation of a formal code of conduct
for automotive repair dealers and technicians.
   (L) The quality, consistency, and speed of complaint processing
and investigation, and recommendations for improvement.
   In performing his or her monitoring duties, the administration and
enforcement monitor shall confer with, and seek input from, bureau
staff, registered or licensed professionals, the Office of the
Attorney General, members of the public, and other interested or
relevant parties regarding their concerns and views on the bureau and
its operations.
   (3) The administration and enforcement monitor shall exercise no
authority over the bureau's discipline operations or staff.  However,
the bureau and its staff shall cooperate with him or her, and the
bureau shall provide data, information, and case files as requested
by the administration and enforcement monitor to perform all of his
or her duties.
   (4) The  director shall assist the enforcement program monitor in
the performance of his or her duties, and the enforcement program
monitor shall have the same investigative authority as the director.
   (d) The administration and enforcement monitor shall submit an
initial written report of his or her findings and conclusions to  the
bureau, the director, the Secretary of State and Consumer Services
Agency, and the Legislature no later than July 1, 2005, and every six
months thereafter, and be available to make oral reports if
requested to do so.  The administration and enforcement monitor may
also provide additional information to either the director or the
Legislature at his or her discretion or at the request of either the
director or the Legislature.  The administration and enforcement
monitor shall make his or her reports available to the public or the
media.  The administration and enforcement monitor shall make every
effort to provide the bureau with an opportunity to reply to any
facts, findings, issues, or conclusions in his or her reports with
which the bureau may disagree.
   (e) The administration and enforcement monitor shall issue a final
report prior to December 31, 2006.  The final report shall include
final findings and conclusions on the topics addressed in the initial
report submitted by the monitor pursuant to subdivision (d).
   (f) This section shall become inoperative on April 1, 2007, and as
of April 1, 2007, shall be repealed, unless a later enacted statute,
which is enacted before April 1, 2007, deletes or extends the dates
on which it becomes inoperative and is repealed.