Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A Smog Check test-and-repair or test-only
station seeking STAR certification shall submit to the Bureau a completed STAR
Station Certification Application on a form prescribed by the Bureau that
includes all of the following:
(1) The
station and ownership types.
(2)
The station name, street address, phone number, email address, and license
number.
(3) A statement as to
whether any partner, corporate officer, trustee, member, responsible managing
employee, inspector or technician has ever been convicted of a crime related to
the Smog Check program or Automotive Repair Act.
(4) A statement as to whether any partner,
corporate officer, trustee, member, responsible managing employee, inspector or
technician has ever had any license denied, suspended, revoked, or placed on
probation by the Bureau.
(5) A
statement as to whether any partner, corporate officer, trustee, member,
responsible managing employee, inspector or technician has ever been found
liable in a civil proceeding for any act or omission related to the license of
an Automotive Repair Dealer, Smog Check station, or Smog Check inspector or
technician.
(6) A statement as to
whether any partner, corporate officer, trustee, member, responsible managing
employee, inspector or technician has ever been issued a Smog Check citation by
the Bureau that became effective within the last year.
(7) A certification that if, at any time
after becoming certified under the STAR program, the FPR score for any
inspector or technician employed by the station drops below the minimum
acceptable standard of 0.10, then that inspector or technician will be removed
from all of the station's EIS Inspector Information Tables and not allowed to
perform Smog Check inspections or repairs at the STAR-certified station until
the technician meets the STAR program requirements.
(8) Name(s), title(s), and signature(s) of
any sole proprietor, partners, corporate officers or members.
(9) Date that the form was
signed.
(b) As of the
date the STAR Station Certification Application is received by the Bureau, the
Smog Check test-and-repair or test-only station seeking STAR certification
shall meet all of the following eligibility requirements.
(1) The station shall have performed
inspections in the most recently completed calendar quarter to allow for
calculation of the following measures:
(A)
The station's Similar Vehicle Failure Rate (SVFR) in the most recently
completed calendar quarter shall be greater than or equal to 50% of the
industry-wide failure rate for similar vehicles.
(B) The station shall have no more than 2% of
vehicles tested with Gear Shift Incidents in the most recently completed
calendar quarter.
(C) The station
shall have an Excessive Test Deviation Rate of no more than one in the most
recently completed calendar quarter.
(2) The station shall maintain FPR scores as
follows:
(A) Each Smog Check inspector
maintained in the station's Inspector Information Table shall have an FPR score
greater than or equal to 0.40 in the most recently completed FPR reporting
period.
(B) If a Smog Check
inspector has not received an FPR score in the most recently completed
reporting period, the station may be eligible for STAR certification if the
station's FPR score in the most recently completed reporting period is greater
than or equal to 0.40 and all other eligibility requirements have been
met.
(3) A station or any
Smog Check inspector maintained in the Inspector Information Table by the
station shall not have received a citation that:
(A) became final and effective within the
one-year period preceding the date of application to the STAR program,
and
(B) was issued for violation of
any of the following sections: 44012, 44015 (a) and (b), 44015.5, 44016, 44032,
and 44035 (b) of the Health and Safety Code; or 3340.15 (a) and (b), 3340.16
(a) and (b), 3340.16.5 (a) and (b), 3340.17, 3340.30 (a), 3340.35, 3340.41 (b),
3340.41 (c), 3340.42, 3340.42.2, and 3340.45 of Division 33, Title 16,
California Code of Regulations.
(4) The current or any previous registration
or license of the station owner, responsible managing employee, Smog Check
repair technician(s) or inspector(s), or other employee of the station, shall
not be subject to or have been issued an order of suspension or a probationary
order that became effective within the three-year period preceding the date of
application to the STAR program.
(5) The station owner, including any partner,
corporate officer, member, director, trustee, responsible managing employee,
Smog Check repair technicians, Smog Check inspectors, or any other employees of
the station shall not:
(A) have been convicted
of a crime that is substantially related to the duties of an automotive repair
dealer, a Smog Check station, or a Smog Check repair technician or inspector
within the three-year period preceding the date of application to the STAR
program;
(B) have been found liable
in a civil proceeding, excluding small claims matters, for acts or omissions
that are substantially related to the duties of an automotive repair dealer, a
Smog Check station, or a Smog Check repair technician or inspector within the
three-year period preceding the date of application to the STAR program;
or
(C) be serving a probationary
period as a result of a criminal or civil proceeding substantially related to
the duties of an automotive repair dealer, a Smog Check station, or a Smog
Check repair technician or inspector.
(6) Compliance with all licensure and
license-posting requirements.
(7)
Compliance with all estimate, repair order, invoice, and record-keeping
requirements in accordance with article 7 of this chapter.
(8) Physical possession of, and/or electronic
access to, all required manuals and publications.
(9) Possession of all required tools and
equipment, including EIS and OIS equipment, in proper working order.
(10) A STAR-certified station shall display
an exterior sign, directly below the sign described in section
3340.22, that meets the following
specifications:
(A) The sign shall be 24
inches wide and 5 1/4 inches high.
(B) The sign shall be made of 0.040-inch
aluminum, steel, or plastic.
(C)
The sign shall display the content the Bureau provides.
(11) The station shall not have withdrawn its
STAR certification within the six-month period preceding the date of
application.
(c) The
Bureau shall notify a Smog Check test-only or test-and-repair station seeking
STAR certification, via email or U.S. mail, that the station's application for
certification was approved, denied, or deficient.
(d) Applicants for STAR certification who are
denied for failure to meet the eligibility requirements of section
3392.2(b)(1)
shall not reapply prior to the next calendar quarter.
1. New
section filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17).
A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 4-23-97 order, including
amendment of first paragraph and subsections (d) and (e), new subsections (f)
and (g) and amendment of NOTE, transmitted to OAL 8-19-97 and filed 9-30-97
(Register 97, No. 40).
3. Amendment of section heading, repealer and
new section and amendment of NOTE filed 4-28-2003; operative 5-28-2003
(Register 2003, No. 18).
4. New subsection (a)(3), subsection
renumbering, amendment of newly designated subsections (a)(4)-(5) and amendment
of NOTE filed 8-1-2007; operative 8-1-2007 pursuant to Government Code section
11343.4
(Register 2007, No. 31).
5. Amendment of introductory paragraph
filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 44).
6. Repealer of former section 3392.2 and
renumbering of former section
3392.3.1 to new section 3392.2,
including amendment of section heading, section and NOTE, filed 5-5-2022;
operative 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in
Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.)
Note: Authority cited: Sections
44001.5,
44014.2
and
44014.5,
Health and Safety Code; and Section
9882,
Business and Professions Code. Reference: Sections
44014.2,
44014.5
and
44014.6,
Health and Safety Code.
