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2007 California Health and Safety Code Article 4. Penalties
CA Codes (hsc:44050-44059)
HEALTH AND SAFETY CODESECTION 44050-44059
44050. (a) If, upon investigation, the department has probable cause to believe that a licensed smog check station, a test-only station contractor, or a fleet owner licensed under Section 44020 has violated this chapter, or any regulation adopted pursuant to this chapter, the department may issue a citation to the licensee, contractor, or fleet owner. The citation shall specify the nature of the violation and may specify a civil penalty assessed by the department pursuant to Section 44051 or 44051.5. (b) If, upon investigation, the department has probable cause to believe that a qualified smog check technician has violated Section 44012, 44015, 44016, or 44032, or any regulation of the department adopted pursuant to this chapter, the department may issue a citation to the technician. The citation shall specify the nature of the violation and, in addition, whichever of the following applies: (1) For a first citation, the smog check technician shall successfully complete one or more retraining courses prescribed by the department pursuant to subdivision (c) of Section 44031.5. (2) For a second citation, the smog check technician shall successfully complete one or more retraining courses prescribed by the department pursuant to subdivision (c) of Section 44031.5 and the technician shall perform inspections or repairs pursuant to this chapter under the direction of a technician in good standing, as defined by the department. (3) For a third citation, the smog check technician shall successfully complete an advanced retraining course prescribed by the department and shall perform no inspection or repair pursuant to this chapter until that completion. (4) For a fourth citation, the smog check technician's qualification may be permanently revoked. (c) The citation shall be served pursuant to subdivision (c) of Section 11505 of the Government Code. 44050.5. In assessing a civil penalty pursuant to Section 44050 against a person who has not previously been cited for a violation of the same statute or regulation, the department shall fix the penalty at an amount within the minimum and maximum penalties specified in Section 44051 or 44051.5, as the case may be, for each violation. 44051. The civil penalty for a violation of the specified provisions of this chapter is as follows: Short Description Civil Penalty Section of Violation Minimum Maximum 44002 Smog check estimates and $ 50 $ 500 invoices 44012 No emission control system 250 1,500 inspection, no emissions test, or inspection test procedures 44014 Unlicensed smog check 250 1,500 station 44015 Improper issuance of 150 1,000 certificate, including economic hardship extension certificate 44016 Failure to follow established 150 1,000 repair procedures 44017 Cost limit or economic 150 1,000 hardship extension requirement 44031.5 Test/repair by unlicensed 250 1,500 smog check station or nonqualified smog check technician 44032 Qualified smog check 250 500 technician required 44033 Smog check station 250 1,500 requirement, test on condition of mandatory repair, written estimate requirements 44036 Smog check station certified 150 1,500 equipment requirement 44060 Sale, transfer, or purchase 250 1,500 of certificate, including economic hardship extension certificate, and certificate or economic hardship extension charges 44051.5. The civil penalty for a violation of the specified sections of Title 16 of the California Code of Regulations is as follows: Short Description Civil Penalty Section of Violation Minimum Maximum 3340.10 Unlicensed operation $ 250 ,500 of smog check station 3340.15 Smog check station 100 500 general requirements 3340.16 Smog check station 150 1,000 equipment and testing procedures 3340.16.5 Smog check station 150 1,000 equipment and testing procedures 3340.17 Smog check station 150 1,000 equipment maintenance and calibration 3340.22 Smog check station 100 500 sign requirement 3340.22.1 Sign restrictions 100 500 3340.23 Smog check cease 250 1,500 operations 3340.25 Licensed inspector 150 1,000 requirement 3340.30 Qualified mechanic's 100 500 training and certification requirement 3340.35 Certification of compliance 250 1,500 and noncompliance requirement 3340.37 NOx device/sticker 100 500 requirement 3340.41 Inspection/test/repair 150 1,000 requirement 3340.41.3 Invoice requirements 100 500 3340.42 Inspection standards, test 100 500 procedures, and exhaust emissions requirement 44052. (a) When a citation lists more than one violation, the amount of the civil penalty assessed shall be stated separately for each statute and regulation violated. (b) When a citation lists more than one violation arising from a single motor vehicle inspection or repair, the total penalties assessed shall not exceed two thousand five hundred dollars (,500). 44053. (a) Any person issued a citation pursuant to Section 44050 may request a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. A request for a hearing shall be submitted in writing within 30 days of service of the citation, and shall be delivered to the office of the department in Sacramento. Hearings and related procedures under this section shall be conducted in the same manner as proceedings for adjudication of an accusation under that Chapter 5, except as otherwise specified in this article. (b) If, within 30 days from service of the citation, the licensee or fleet owner licensed pursuant to Section 44020 or qualified mechanic fails to request a hearing, the citation shall be deemed the final order of the department. (c) As it applies to this article, the service required in Section 11505 of the Government Code includes service personally, by registered mail, or by courier with receipt of delivery. 44054. In assessing a civil penalty pursuant to a citation issued pursuant to Section 44050, the director shall give due consideration to the gravity of the violation, including, but not limited to, a consideration of whether any of the following apply to the licensee: (a) A failure to perform work for which money was received. (b) The making of any false or misleading statement in order to induce a person to authorize repair work or pay money. (c) The commission of numerous or repeated violations. (d) A failure to make restitution to customers affected by the licensee's violation. 44055. (a) Any failure by an applicant for a license or for the renewal of a license, or by any partner, officer, or director thereof, to comply with the final order of the department for the payment of civil penalties, or to pay the amount specified in a settlement executed by the applicant and the Director of the Department of Consumer Affairs, shall result in denial of a license or of the renewal of the license. The department shall not allow the issuance of any certificate of compliance or noncompliance by a licensee until all civil penalties which have become final, or amounts agreed to in a settlement, have been paid by the licensee. (b) The department may deny an application for the renewal of a test station or repair station license if the applicant, or any partner, officer, or director thereof, has failed to pay any civil penalty in accordance with this article. 44056. (a) Except as otherwise provided in Sections 44051 and 44051.5, any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is liable for a civil penalty of not less than one hundred fifty dollars (0) and not more than two thousand five hundred dollars (,500) for each day in which each violation occurs. Any action to recover civil penalties shall be brought by the Attorney General in the name of the state on behalf of the department, or may be brought by any district attorney, city attorney, or attorney for a district. (b) The penalties specified in subdivision (a) do not apply to an owner or operator of a motor vehicle, except an owner or operator who does any of the following: (1) Obtains, or who attempts to obtain, a certificate of compliance or noncompliance, a repair cost waiver, or an economic hardship extension without complying with Section 44015. (2) Obtains, or attempts to obtain, a certificate of compliance, a repair cost waiver, or an economic hardship extension by means of fraud, including, but not limited to, offering or giving any form of financial or other inducement to any person for the purpose of obtaining a certificate of compliance for a vehicle that has not been tested or has been tested improperly. (3) Registers a motor vehicle at an address other than the owner's or operator's residence address for the purpose of avoiding the requirements of this chapter. (4) Obtains, or attempts to obtain, a certificate of compliance by other means when required to report to the test-only facility after being identified as a tampered vehicle or gross polluter pursuant to Section 44015 or 44081. (c) Any person who obtains or attempts to obtain a repair cost waiver, or economic hardship extension pursuant to this chapter by falsifying information shall be subject to a civil penalty of not less than one hundred fifty dollars (0) and not more than one thousand dollars (,000), and shall be made ineligible for receiving any repair assistance of any kind pursuant to this chapter. 44057. A continuing violation of any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, may be enjoined by the superior court of the county in which the violation is occurring. The action shall be brought by the attorney general in the name of the state on behalf of the department, or may be brought by any district attorney, city attorney, or attorney for a district. An action brought under this section shall conform to the requirements of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that it shall not be necessary to show lack of an adequate remedy at law or to show irreparable damage or loss. In addition, if it is shown that the respondent continues, or threatens to continue, to violate any provision of this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, it shall be sufficient proof to warrant the immediate granting of a temporary restraining order. 44058. Any person who violates this chapter, or any order, rule, or regulation of the department adopted pursuant to this chapter, is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars (,000) or by imprisonment for not more than six months, or by both, in lieu of the imposition of the civil penalties. 44059. The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 20.3 (commencing with Section 9880) of Division 3 of the Business and Professions Code, constitutes perjury and is punishable as provided in the Penal Code.
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