BILL NUMBER: SB 778 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY JUNE 23, 2016
AMENDED IN ASSEMBLY JUNE 9, 2016
AMENDED IN SENATE JANUARY 4, 2016
AMENDED IN SENATE APRIL 20, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Allen
FEBRUARY 27, 2015
An act to amend Sections 9880 9880.1, and
9886.3 of, and to amend, repeal, and add
Section 9880.1 of, to add Sections 9880.2 and 9880.4 to, and to
add Article 3.5 (commencing with Section 9884.23) and Article 12
(commencing with Section 9890) to Chapter 20.3 of Division 3 of, the
Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 778, as amended, Allen. Automotive repair: oil changes:
notification to customers.
Existing law, the Automotive Repair Act, provides for the
registration and regulation of automotive repair dealers by the
Bureau of Automotive Repair (bureau), which is under the supervision
and control of the Director of Consumer Affairs (director). Existing
law requires repair dealers to give the customer a written estimated
price for labor and parts necessary for a specific job. Existing law
defines terms for purposes of these provisions. Existing law makes a
violation of that act, except as specified, punishable as a
misdemeanor.
This bill would recast these provisions as the Automotive Repair
and Maintenance Act and would provide for the registration and
regulation of automotive maintenance providers, as defined, in a
manner similar to the provisions regarding automotive repair dealers.
The bill would establish fee requirements as well as procedures to
be implemented by the director for granting, suspending, or revoking
the registration of an automotive maintenance provider. The bill
would require an automotive maintenance provider to provide a
customer with a detailed written invoice for work performed and to
maintain records specified by regulations adopted under these
provisions. The bill would require the bureau to design and approve a
sign to be placed in each automotive provider location containing
information for contacting the bureau if the customer has questions
about the service provided. The bill would define various terms
for purposes of these provisions and would recast the definition of
"repair of motor vehicles" to delete the listing of various types of
excluded minor services and to specify that minor services do not
include the changing of propulsive batteries. The bill would
similarly recast the definition of "automotive technician" to delete
provisions describing the specific work to be performed by
an automotive technician. The bill, commencing January 1, 2018,
would define additional terms relating to automotive repair and
servicing work for purposes of these provisions. This bill would
require the director to adopt regulations prior to January 1, 2018,
defining "minor services" for these purposes. This bill would provide
that the regulations adopted by the director, prior to January 1,
2018, defining "minor services" continue in effect on and after
January 1, 2018, as specified. The bill would prohibit a facility
from registering as both an automotive repair dealer and an
automotive service provider, as specified. The bill would authorize
the Department of Consumer Affairs to purchase motor vehicles for the
purposes of enforcing these provisions, as specified. The bill
would require an automotive repair dealer or an automotive
maintenance provider performing oil change services to use the
manufacturer's published oil drain schedule, except as specified,
when recommending an oil change to a customer. The bill would require
that an automotive repair dealer or automotive maintenance provider
include a written explanation for any recommendation for oil change
at an interval other than the interval recommended by the
manufacturer, and to include a specified notice to the customer with
regard to the manufacturer's published oil change recommendations.
The bill would permit a customer to choose any oil drain interval
that he or she chooses and have that interval reflected in any future
recommendations by the automotive repair dealer or automotive
maintenance provider. The bill would define various terms
for purposes of these provisions. The bill would expand the
definition of an existing crime by including automotive maintenance
providers within these provisions, thereby imposing a state-mandated
local program.
The bill would make the operation of its provisions contingent
upon the enactment of AB 873 of the 2015-16 Regular Session.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Used automotive oil is one of the largest sources of hazardous
waste generated in California. While California has a robust
recycling program in place, about 40 percent of automotive oil can
never be collected for recycling because it is lost in use, either
burned in the combustion chamber or dripped onto streets and parking
lots. Of the oil that is collected, only a small percentage is
actually rerefined into new automotive oil.
(b) Oil quality and engine technology have evolved significantly
in recent years. New motor oil formulations reduce repairs, prolong
engine life, improve fuel economy, and enable significantly longer
oil change intervals than outdated 3,000-mile-oil-change marketing
campaigns.
(c) Most automakers currently specify oil change intervals at
either 7,500 or 10,000 miles for late model vehicles operated under
normal conditions, with intervals as high as 15,000 miles in some
cars. Motor oils that meet current industry standards, such as those
specified by the American Petroleum Institute (API) or standards
specified by the manufacturer, will have the capability to meet
current automaker oil change interval recommendations.
(d) Vehicle manufacturers may specify shorter oil change intervals
for older vehicles or vehicles operated under severe conditions,
including, but not limited to, extreme hot or cold temperatures,
extensive idling in stop-and-go traffic, frequent short trips,
hauling heavy loads, and towing.
(e) Changing oil more often than what is specified in the vehicle
manufacturer's published maintenance schedule wastes oil and money
and compounds the environmental impact, especially to water.
(f) It is the intent of the Legislature to ensure that the oil
drain interval recommended by an automotive repair dealer or an
automotive maintenance provider be in accordance with the vehicle
manufacturer's published maintenance schedule in order to prevent
deceiving or misleading consumers with unnecessary and costly oil
changes.
(g) It is further the intent of the Legislature to source-reduce
the amount of used automotive oil that is generated in California in
order to reduce our dependence on petroleum products, avoid damage to
the environment and threats to public health, and be consistent with
the state's hierarchy for waste management practices pursuant to
Section 40051 of the Public Resources Code.
SEC. 2. Section 9880 of the Business and Professions Code is
amended to read:
9880. This chapter constitutes the chapter on automotive repair
dealers and automotive maintenance providers. It may be cited as the
Automotive Repair and Maintenance Act.
SEC. 3. Section 9880.1 of the Business and Professions Code is
amended to read:
9880.1. The following definitions apply for the purposes of this
chapter:
(a) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
(b) "Chief" means the Chief of the Bureau of Automotive Repair.
(c) "Bureau" means the Bureau of Automotive Repair.
(d) "Motor vehicle" means a passenger vehicle required to be
registered with the Department of Motor Vehicles and all motorcycles
whether or not required to be registered by the Department of Motor
Vehicles.
(e) "Repair of motor vehicles" means all maintenance of and
repairs to motor vehicles performed by an automotive repair dealer
including automotive body repair work, but excluding those repairs
made pursuant to a commercial business agreement and also excluding
repairing tires, changing tires, lubricating vehicles, installing
light bulbs, batteries, except propulsive batteries,
windshield wiper blades and other minor accessories, cleaning,
adjusting, and replacing spark plugs, replacing fan belts, oil, and
air filters, and other minor services, which the director, by
regulation, determines are customarily performed by gasoline service
stations.
No service shall be designated as minor, for purposes of this
section, if the director finds that performance of the service
requires mechanical expertise, has given rise to a high incidence of
fraud or deceptive practices, or involves a part of the vehicle
essential to its safe operation.
(f) "Person" includes a firm, partnership, association,
limited liability company, or corporation.
(g) An "automotive technician" is an employee of an automotive
repair dealer or is that dealer, if the employer or dealer repairs
motor vehicles and who for salary or wage performs maintenance,
diagnostics, repair, removal, or installation of any integral
component parts of an engine, driveline, chassis
chassis, or body of any vehicle, but excluding repairing
tires, changing tires, lubricating vehicles, installing light bulbs,
batteries, except propulsive batteries, windshield wiper
blades, and other minor accessories; cleaning, replacing fan belts,
air filters; and other minor services which the director, by
regulation, determines are customarily performed by a gasoline
service station.
(h) "Director" means the Director of Consumer Affairs.
(i) "Commercial business agreement" means an agreement, whether in
writing or oral, entered into between a business or commercial
enterprise and an automobile repair dealer, prior to the repair which
is requested being made, which agreement contemplates a continuing
business arrangement under which the automobile repair dealer is to
repair any vehicle covered by the agreement, but does not mean any
warranty or extended service agreement normally given by an
automobile repair facility to its customers.
(j) "Customer" means the person presenting a motor vehicle for
repair and authorizing the repairs to that motor vehicle. "Customer"
shall not mean the automotive repair dealer providing the repair
services or an insurer involved in a claim that includes the motor
vehicle being repaired or an employee or agent or a person acting on
behalf of the dealer or insurer.
(k) "Automotive maintenance provider" means a person who, for
compensation, engages in the business of the preventive automotive
maintenance services associated with fluid and filter changes, fluid
treatments, and belt and windshield wiper blade replacement.
(l) "Minor services" means services provided by an automotive
maintenance provider.
(m) Prior to January 1, 2018, the director shall adopt
comprehensive regulations defining "minor services" as used in this
section.
(n) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 4. Section 9880.1 is added to the
Business and Professions Code , to read:
9880.1. The following definitions apply for the purposes of this
chapter:
(a) "Automotive repair dealer" means a person who, for
compensation, engages in the business of repairing or diagnosing
malfunctions of motor vehicles.
(b) "Chief" means the Chief of the Bureau of Automotive Repair.
(c) "Bureau" means the Bureau of Automotive Repair.
(d) "Motor vehicle" means a passenger vehicle required to be
registered with the Department of Motor Vehicles and all motorcycles
whether or not required to be registered by the Department of Motor
Vehicles.
(e) (1) "Repair of motor vehicles" means all maintenance of and
repairs to motor vehicles performed by an automotive repair dealer
including automotive body repair work, but excluding those repairs
made pursuant to a commercial business agreement, minor services as
determined through regulations adopted by the director, and roadside
services.
(2) No service shall be designated as minor, for purposes of this
section, if the director finds that performance of the service
requires mechanical expertise, has given rise to a high incidence of
fraud or deceptive practices, or involves a part of the vehicle
essential to its safe operation. Minor services shall not include the
changing of propulsive batteries.
(f) "Person" includes a firm, partnership, association, limited
liability company, or corporation.
(g) An "automotive technician" is an employee of an automotive
repair dealer or is that dealer who for a salary or wage repairs
motor vehicles as set forth in subdivision (e).
(h) "Director" means the Director of Consumer Affairs.
(i) "Commercial business agreement" means an agreement, whether in
writing or oral, entered into between a business or commercial
enterprise and an automobile repair dealer, prior to the repair which
is requested being made, which agreement contemplates a continuing
business arrangement under which the automobile repair dealer is to
repair any vehicle covered by the agreement, but does not mean any
warranty or extended service agreement normally given by an
automobile repair facility to its customers.
(j) "Roadside services" means the services performed upon a motor
vehicle for the purpose of transporting the vehicle or to permit it
to be operated under its own power, by or on behalf of a motor club
holding a certificate of authority pursuant to Chapter 2 (commencing
with Section 12160) of Part 5 of Division 2 of the Insurance Code or
by an operator of a tow truck, as defined in Section 615 of the
Vehicle Code, that is owned or operated by a person or entity who
possesses a valid motor carrier permit, as described in Section 34620
of the Vehicle Code, and is enrolled in the Basic Inspection of
Terminals program, as described in Section 34501.12 of the Vehicle
Code.
(k) "Customer" means the person presenting a motor vehicle for
repair and authorizing the repairs to that motor vehicle. "Customer"
shall not mean the automotive repair dealer providing the repair
services or an insurer involved in a claim that includes the motor
vehicle being repaired or an employee or agent or a person acting on
behalf of the dealer or insurer.
(l) "Automotive maintenance provider" means a person who, for
compensation, engages in the business of the preventative automotive
maintenance services associated with fluid and filter changes, fluid
treatments, and belt and windshield wiper blade replacement.
(m) "Minor services" means services provided by an automotive
maintenance provider.
(n) The regulations adopted by the director, prior to January 1,
2018, defining "minor services" for the purposes of this section
shall continue in effect on and after January 1, 2018. The director
may, thereafter, amend or repeal those regulations, as he or she
deems necessary and consistent with this chapter.
(o) This section shall become operative January 1, 2018.
SEC. 5. Section 9880.2 is added to the
Business and Professions Code , to read:
9880.2. (a) There is the Department of Consumer Affairs an
enforcement program charged with the responsibility of investigating
violations of this chapter, the Motor Vehicle Inspection Program
(Article 1 (commencing with Section 44000) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code) and any regulations
adopted thereto.
(b) For the sole purpose of such investigations, the department
may purchase vehicles of various makes, models, and condition, and
vehicles purchased for investigations pursuant to this section shall
not be subject to Chapter 8.3 (commencing with Section 25722) of
Division 15 of the Public Resources Code. After purchase, the
department may prepare the vehicle for use in an investigation by
disabling, modifying, or otherwise changing the vehicle's emission
control system components or any other part or parts of the vehicle.
To complete the investigation, the department may purchase or attempt
to purchase repairs, services, or parts from those entities licensed
or registered by the department. The funds for such preparation and
purchases are not subject to the monetary limit specified in Section
16404 of the Government Code, but the department shall comply with
all other provisions of that section. The department shall implement
the safeguards necessary to ensure the proper use and disbursement of
the funds utilized pursuant to this section.
(c) To avoid unnecessary delays and to promote prompt enforcement,
motor vehicles purchased pursuant to this section are exempt from
existing laws, rules, resolutions, or procedures that are otherwise
applicable to the acquisition of motor vehicles to be used by a state
agency. The department shall maintain an inventory of these vehicles
and shall dispose of them, when appropriate, in a manner consistent
with applicable laws and regulations. Any records associated with the
purchase of these vehicles shall not be subject to public
disclosure.
SEC. 6. Section 9880.4 is added to the
Business and Professions Code , to read:
9880.4. A facility registered with the director is prohibited
from registering as both an automotive repair dealer and an
automotive maintenance provider. A business that maintains multiple
facilities may register the facilities separately with the individual
facilities registered as an automotive repair dealer or an
automotive maintenance provider.
SEC. 4. SEC. 7. Article 3.5
(commencing with Section 9884.23) is added to Chapter 20.3 of
Division 3 of the Business and Professions Code, to read:
Article 3.5. Automotive Maintenance Provider Registration
9884.23. (a) An automotive maintenance provider shall pay the fee
required by this chapter for each place of business operated by the
provider in this state and shall register with the director upon
forms prescribed by the director. The forms shall contain sufficient
information to identify the automotive maintenance provider,
including name, address of each location, a statement by the provider
that each location is in an area that, pursuant to local zoning
ordinances, permits the operation of a facility for the maintenance
of motor vehicles, the provider's retail seller's permit number, if a
permit is required under the Sales and Use Tax Law (Part 1
(commencing with Section 6001) of Division 2 of the Revenue and
Taxation Code), and other identifying data that are prescribed by the
director. If the business is to be carried on under a fictitious
name, the fictitious name shall be stated. To the extent prescribed
by the director, an automotive maintenance provider shall identify
the owners, directors, officers, partners, members, trustees,
managers, and any other persons who directly or indirectly control or
conduct the business. The forms shall include a statement signed by
the provider under penalty of perjury that the information provided
is true.
(b) A state agency is not authorized or required by this section
to enforce a city, county, regional, air pollution control district,
or air quality management district rule or regulation regarding the
site or operation of a facility that provides maintenance to motor
vehicles.
9884.24. A business maintaining more than one automotive
maintenance facility shall be permitted to file a single application
annually that, along with the other information required by this
chapter, clearly indicates the location of, and the individual in
charge of, each facility. In that case, fees shall be paid for each
location.
9884.25. Upon receipt of the properly completed form and the
required fee, the director shall issue the registration and send a
proof of issuance to the automotive maintenance provider. The
director shall by regulation prescribe conditions that he or she
determines are necessary to ensure future compliance with the parts
of this chapter specific to automotive maintenance providers,
pursuant to which a person whose registration has previously been
revoked or denied or who has committed acts prohibited by Section
9884.30 while an automotive maintenance provider or automotive
technician, or while an employee, partner, officer, or member of an
automotive maintenance provider, may have his or her registration
issued.
9884.26. Every automotive maintenance provider registration shall
cease to be valid one year from the last day of the month in which
registration was issued unless the automotive maintenance provider
has paid the renewal fee required by this chapter.
9884.27. An automotive maintenance provider registration shall
cease to be valid when the director finds that any of the information
provided by the form specified in Section 9884.23 for automotive
maintenance providers, which the director by regulation deems
material, ceases to be current.
9884.28. An automotive maintenance provider registration that is
not renewed within three years following its expiration shall not be
renewed, restored, or reinstated thereafter, and the delinquent
registration shall be canceled immediately upon expiration of the
three-year period.
An automotive maintenance provider whose registration has been
canceled by operation of this section shall obtain a new registration
only if he or she again meets the requirements set forth in this
chapter relating to registration, is not subject to denial under
Section 480, and pays the applicable fees.
An expired registration may be renewed at any time within three
years after its expiration upon the filing of an application for
renewal on a form prescribed by the bureau and the payment of all
accrued renewal and delinquency fees. Renewal under this section
shall be effective on the date on which the application is filed and
all renewal and delinquency fees are paid. If so renewed, the
registration shall continue in effect through the expiration date of
the current registration year as provided in Section 9884.26, at
which time the registration shall be subject to renewal.
9884.29. It is unlawful for any person to be an automotive
maintenance provider unless that person has registered in accordance
with this chapter and unless that registration is currently valid.
9884.30. (a) The director, where the automotive maintenance
provider cannot show there was a bona fide error, may deny, suspend,
revoke, or place on probation the registration of an automotive
maintenance provider for any of the following acts or omissions
related to the conduct of the business of the automotive maintenance
provider that are performed by the automotive maintenance provider or
any automotive technician, employee, partner, officer, or member of
the automotive maintenance provider.
provider:
(1) Making or authorizing in any manner or by any means whatever
any statement written or oral which is untrue or misleading and which
is known, or which by the exercise of reasonable care should be
known, to be untrue or misleading.
(2) Any other conduct that constitutes fraud.
(3) Conduct constituting gross negligence.
(4) Failure in any material respect to comply with the provisions
of this chapter specific to automotive maintenance providers or
regulations adopted pursuant to it.
(5) Any willful departure from or disregard of accepted trade
standards for automotive maintenance in any material respect.
(6) Making false promises of a character likely to influence,
persuade, or induce a customer to authorize the maintenance of
automobiles.
(7) Upon denying a registration, the director shall notify the
applicant thereof, in writing, by personal service or mail addressed
to the address of the applicant set forth in the application, and the
applicant shall be given a hearing under Section 9884.33 if, within
30 days thereafter, he or she files with the bureau a written request
for a hearing; otherwise the denial is deemed affirmed.
(b) Except as provided for in subdivision (c), if an automotive
maintenance provider operates more than one place of business in this
state, the director pursuant to subdivision (a) shall only suspend,
revoke, or place on probation the registration of the specific place
of business which has violated any of the provisions of this chapter.
This violation, or action by the director, shall not affect in any
manner the right of the automotive maintenance provider to operate
his or her other places of business.
(c) Notwithstanding subdivision (b), the director may suspend,
revoke, or place on probation the registration for all places of
business operated in this state by an automotive maintenance provider
upon a finding that the provider has, or is, engaged in a course of
repeated and willful violations of this chapter specific to
automotive maintenance providers or regulations adopted pursuant to
it.
9884.31. All work done by an automotive maintenance provider
shall be recorded on an invoice and shall describe all service work
done and parts supplied. Service work and parts shall be listed
separately on the invoice, which shall also state separately the
subtotal prices for service work and for parts, not including sales
tax, and shall state separately the sales tax, if any, applicable to
each. One copy of the invoice shall be given to the customer and one
copy shall be retained either in hard copy or digitally by the
automotive maintenance provider.
9884.32. Each automotive maintenance provider shall maintain any
records that are required by regulations adopted to carry out the
parts of this chapter specific to automotive maintenance providers.
Those records shall be open for reasonable inspection by the chief or
other law enforcement officials. All of those records shall be
maintained for at least three years.
9884.33. All proceedings to deny, suspend, revoke, or place on
probation a registration of an automotive maintenance provider shall
be conducted pursuant to Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code.
9884.34. The expiration of a valid registration shall not prevent
the director or chief of jurisdiction from proceeding with any
investigation or disciplinary proceeding against an automotive
maintenance provider or rendering a decision invalidating a
registration temporarily or permanently.
9884.35. The superior court in and for the county wherein any
person carries on, or attempts to carry on, a business as an
automotive maintenance provider or as an automotive technician in
violation of the provisions of this chapter specific to automotive
maintenance providers or any regulation made pursuant to this chapter
shall, on application of the director or the chief, issue an
injunction or other appropriate order restraining such conduct. This
section shall be cumulative to and shall not prohibit the enforcement
of any other law.
The proceedings under this section shall be governed by Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the director or chief shall not be
required to allege facts necessary to show or tending to show lack of
an adequate remedy at law or irreparable injury.
9884.36. The director may file charges with the district attorney
or city attorney against any automotive maintenance provider who
violates the provisions of this chapter specific to automotive
maintenance providers or any regulation made pursuant to the
provisions of this chapter specific to automotive maintenance
providers.
9884.37. The bureau shall design and approve of a sign which
shall be placed in all automotive maintenance provider locations in a
place and manner conspicuous to the public. That sign shall give
notice that inquiries concerning service may be made to the bureau
and shall contain the telephone number and Internet Web site address
of the bureau. The sign shall also give notice that the customer is
entitled to a return of replaced parts upon his or her request at the
time the work order is taken.
9884.38. Nothing in the provisions of this chapter shall prohibit
the bringing of a civil action against an automotive maintenance
provider by an individual.
9884.39. The bureau may adopt, amend, or repeal in accordance
with the provisions of Chapter 4.5 (commencing with Section 11400) of
Part 1 of Division 3 of Title 2 of the Government Code such
regulations as may be reasonably necessary to carry out the
provisions of this chapter specific to automotive maintenance
providers in the protection of the public from fraudulent or
misleading advertising by an automotive maintenance provider,
including the formulation of definitions, to the extent feasible, of
the terms "fraud," "guarantee," and "negligence," and words of like
import, and of guidelines for the suspension and revocation of
licenses. The bureau shall distribute to each registered automotive
maintenance provider copies of this chapter and of the regulations
adopted pursuant to this chapter. providers.
9884.40. All accusations against automotive maintenance providers
shall be filed within three years after the performance of the act
or omission alleged as the ground for disciplinary action, except
that with respect to an accusation alleging fraud or
misrepresentation as a ground for disciplinary action, the accusation
may be filed within two years after the discovery, by the bureau, of
the alleged facts constituting the fraud or misrepresentation.
9884.41. (a) Notwithstanding any other law, the director may, in
his or her sole discretion, issue a probationary automotive
maintenance provider registration to an applicant subject to terms
and conditions deemed appropriate by the director, including, but not
limited to, the following:
(1) Continuing medical, psychiatric, or psychological treatment.
(2) Ongoing participation in a specified rehabilitation
program.
(3) Abstention from the use of alcohol or drugs.
(4) Compliance with all provisions of this chapter.
(b) (1) Notwithstanding any other law law,
and for purposes of this section, when deciding whether to
issue a probationary registration the director shall request that an
applicant with a dismissed conviction provide proof of that dismissal
and shall give special consideration to applicants whose convictions
have been dismissed pursuant to Section 1203.4 or 1203.4a of the
Penal Code.
(2) The director shall also take into account and consider any
other reasonable documents or individual character references
provided by the applicant that may serve as evidence of
rehabilitation as deemed appropriate by the director.
(c) The director may modify or terminate the terms and conditions
imposed on the probationary registration upon receipt of a petition
from the applicant or registrant.
(d) For purposes of issuing a probationary registration to
qualified new applicants, the director shall develop standard terms
of probation that shall include, but not be limited to, the
following:
(1) A three-year limit on the individual probationary
registration.
(2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
(3) Supervision requirements.
(4) Compliance and quarterly reporting requirements.
9884.42. (a) Notwithstanding any other law, the director may
revoke, suspend, or deny at any time any automotive maintenance
provider registration required by this chapter on any of the grounds
for disciplinary action provided in this chapter. The proceedings
under this chapter shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the director shall have all the powers
granted therein.
(b) The director may deny a registration to an applicant on any of
the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denial of an application for registration to an applicant,
the director shall provide a statement of reasons for the denial that
does all of the following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(2) Provides the director's criteria relating to rehabilitation,
formulated pursuant to Section 482, that takes into account the age
and severity of the offense and the evidence relating to
participation in treatment or other rehabilitation programs.
(3) If the director's decision was based on the applicant's prior
criminal conviction, justifies the director's denial of a
registration and conveys the reasons why the prior criminal
conviction is substantially related to the qualifications, functions,
or duties of a registered automotive maintenance provider.
(d) (1) If the denial of a registration is due at least in part to
the applicant's state or federal criminal history record, the
director shall, in addition to the information provided pursuant to
paragraph (3) of subdivision (c), provide to the applicant a copy of
his or her criminal history record if the applicant makes a written
request to the director for a copy, specifying an address to which it
is to be sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record, and the criminal history record shall not be
made available by the director to any employer.
(C) The director shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The director shall make that information available upon
request by the Department of Justice or the Federal Bureau of
Investigation.
(e) Notwithstanding Section 487, the director shall conduct a
hearing of a registration denial within 90 days of receiving an
applicant's request for a hearing. For all other hearing requests,
the director shall determine when the hearing shall be conducted.
9884.43. Notwithstanding any other law, nothing prevents a
business from being registered as both an automotive repair dealer
pursuant to Section 9884 and an automotive maintenance provider
pursuant to Section 9884.23 and from operating as both at the same
facility.
SEC. 5. SEC. 8. Section 9886.3 of
the Business and Professions Code is amended to read:
9886.3. The fees prescribed by this chapter shall be set by the
director in an amount estimated to provide for the administration of
this chapter within the limits of the following schedule:
(a) The automotive repair dealer or automotive maintenance
provider registration fee is not more than two hundred dollars ($200)
for each place of business in this state.
(b) The annual renewal fee for an automotive repair dealer or
automotive maintenance provider registration shall not be more than
two hundred dollars ($200) for each place of business in this state,
if renewed prior to its expiration date.
(c) The renewal fee for a registration that is not renewed prior
to its expiration date shall be 11/2 times the renewal fee required
for a registration renewal prior to its expiration date, but not more
than the renewal fee plus fifty dollars ($50).
SEC. 6. SEC. 9. Article 12
(commencing with Section 9890) is added to Chapter 20.3 of Division 3
of the Business and Professions Code, to read:
Article 12. Oil Change
9890. (a) Except as indicated in subdivision (b), if an
automotive repair dealer or an automotive maintenance provider
performing oil change services recommends a date or mileage for an
oil drain interval, the recommended date or mileage shall follow the
vehicle manufacturer published maintenance schedule.
(b) If an automotive repair dealer or an automotive maintenance
provider recommends a date or mileage for an oil drain interval that
deviates from the vehicle manufacturer's published maintenance
schedule for reasons, including, but not limited to, compliance with
paragraph (c), the basis for the date or mileage recommendation shall
be noted on the final invoice or on a document attached to the final
invoice.
(c) Nothing in this section shall be construed as prohibiting the
customer from selecting any date or mileage for an oil drain interval
of his or her choice and having that choice reflected on future
recommendations from an automotive repair dealer or an automotive
maintenance provider.
(d) For purposes of this section, "recommended" or "recommendation"
shall mean any written recommendation, including, but not limited
to, a recommendation of an oil drain interval in the form of a window
sticker or a key tag, or through programmable settings in the
vehicle's oil life indicator.
(e) For purposes of this section, "recommended" or "recommendation"
shall not mean written communications or advertisements that do
not suggest timing or mileage for an oil drain interval
or resetting a preset or nonprogrammable oil life indicator or
an oil life monitor based on a mathematical algorithm of the vehicle'
s usage.
(f) When an automotive repair dealer or an automotive maintenance
provider performs an oil change service, the dealer shall include the
following oil change disclosure statement on the final invoice or on
a document attached to the final invoice:
"It is important to change your oil at the proper intervals. Your
vehicle manufacturer publishes oil change intervals in your owner's
manual and on the manufacturer's Web site.
site. "
SEC. 10. This act shall become operative only if
Assembly Bill 873 of the 2015-16 Regular Session, relating to
automotive repair, is enacted and becomes effective on January 1,
2017.
SEC. 7. SEC. 11. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.