2009 California Health and Safety Code - Section 44050-44059 :: Article 4. Penalties

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
          Smog check
  44002   estimates and           $  50       $  500
          invoices
          No emission control
          system
          inspection, no
  44012   emissions                250        1,500
          test, or inspection
          test
          procedures
          Unlicensed smog
  44014   check                    250        1,500
          station
          Improper issuance
          of
          certificate,
  44015   including                150        1,000
          economic hardship
          extension
          certificate
          Failure to follow
  44016   established              150        1,000
          repair procedures
          Cost limit or
          economic
  44017                            150        1,000
          hardship extension
          requirement
          Test/repair by
          unlicensed
          smog check station
  44031.5 or                       250        1,500
          nonqualified smog
          check
          technician
          Qualified smog
  44032   check                    250         500
          technician required
          Smog check station
          requirement, test
          on
  44033   condition of             250        1,500
          mandatory
          repair, written
          estimate
          requirements
          Smog check station
          certified
  44036                            150        1,500
          equipment
          requirement
          Sale, transfer, or
          purchase
          of certificate,
          including
          economic hardship
  44060                            250        1,500
          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
            Unlicensed operation of
  3340.10   smog                       $250    $1,500
            check station
            Smog check station
  3340.15   general                     100      500
            requirements
            Smog check station
  3340.16   equipment                   150     1,000
            and testing procedures
            Smog check station
  3340.16.5 equipment                   150     1,000
            and testing procedures
            Smog check station
            equipment
  3340.17                               150     1,000
            maintenance and
            calibration
            Smog check station sign
  3340.22                               100      500
            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
            Qualified mechanic's
            training
  3340.30                               100      500
            and certification
            requirement
            Certification of
            compliance and
  3340.35                               250     1,500
            noncompliance
            requirement
            NOx device/sticker
  3340.37                               100      500
            requirement
  3340.41   Inspection/test/repair      150     1,000
            requirement
  3340.41.3 Invoice requirements        100      500
            Inspection standards,
            test
  3340.42                               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 ($2,500).

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
($150) and not more than two thousand five hundred dollars ($2,500)
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 ($150) and not more than one
thousand dollars ($1,000), 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 ($1,000) 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.