2021 California Code
Business and Professions Code - BPC
DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY
CHAPTER 9 - Contractors
ARTICLE 6.5 - Solar Energy System Restitution Program
Section 7086.5.
(a) If any consumer alleges financial harm because of the contract for the installation of a solar energy system on their residence, but the board’s authority to discipline the contractor has lapsed due to a limitations period specified in Section 7091, then the registrar or their designee may consider whether the consumer who is unable to claim eligibility under Section 7086.4 is nonetheless eligible to receive restitution pursuant to the program. In all those cases, the following apply:
(1) The registrar or their designee may elect to refer the consumer to arbitration process prescribed in Section 7085.5 for the arbitrator to render an award pursuant to the program.
(2) The arbitration shall commence for the sole purpose of determining whether a financial loss occurred, and whether an amount may justifiably be paid to the consumer pursuant to the program. Discipline of the contractor shall not be at issue in any case referred to arbitration under this subdivision and the contractor need not to appear. Any payment amount for the attending consumer shall not be based solely on the fact that the contractor has failed to appear at the arbitration hearing.
(3) The arbitrator has the sole discretion to request the documentation or testimony from the consumer necessary to support payment pursuant to the program, as well as sole discretion to determine whether an award shall be issued pursuant to the program based on the information provided.
(4) The registrar or their designee, or any arbitrator, is not liable to any party for any act or omission in connection with any arbitration conducted under this section.
(5) The arbitrator shall render an award no later than 30 calendar days from the date of closing the hearing, closing a reopened hearing, or if oral hearing has been waived, from the date of transmitting the final statements and proofs to the arbitrator.
(6) A determination on payment to an eligible claimant shall consider all matters relevant to the consumer seeking restitution, including the financial condition of the moneys appropriated to the program, the amount of money being sought, whether the claim appears to be supported by the documentation, whether the claimant has received full or partial payment of their loss from another source, and if there is more than one claimant, the equitable division of available money appropriated to the program among the claimants.
(7) A determination or decision regarding claimant eligibility and payment pursuant to the program and all related issues under this subdivision are final and are not subject to judicial review.
(b) The registrar or their designee may refer a consumer to the arbitration process described in Section 7085.5 for resolution of any claim by a consumer that does not explicitly meet the criteria in subdivision (a) of Section 7086.4.
(Added by Stats. 2021, Ch. 77, Sec. 1. (AB 137) Effective July 16, 2021. Repealed as of June 30, 2024, pursuant to Section 7086.11.)
