California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33 - Bureau of Automotive Repair
Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters
Article 11.2 - Administrative Citations and Fines for Unlicensed Activity
Section 3394.43 - Fine Amounts for Unlicensed Activity

Universal Citation: 16 CA Code of Regs 3394.43

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The bureau may use the authority pursuant to Business and Professions Code section 148, to issue a citation to a person with an expired license or registration. The bureau shall first issue an order of abatement without a fine that shall contain, but is not limited to the following:

(1) Information that the licensee shall immediately cease all work and/or any work in progress that requires a valid license or registration.

(2) Information that license renewal fee and any delinquency or other fees must be fully paid within 30 calendar days, after which time the bureau may assess fines pursuant to Business and Professions Code section 148.

(3) Notice that continuing to operate without a valid license or registration may result in citation, fine, and/or other disciplinary action.

(b) The bureau may assess an administrative fine to an unlicensed person acting in the capacity of a licensee or registrant that has not applied for and obtained a valid license.

(c) The bureau may assess administrative fines of up to five thousand dollars ($5,000) for each violation in addition to any criminal penalties. The bureau shall base its assessment and amount of the fine on the following circumstances:

(1) The nature, gravity, severity, and seriousness of the violation.

(2) The persistence of the violation.

(3) The good faith or willfulness of the violator to cooperate with the bureau.

(4) The history of previous violations by that violator, including the commission of numerous and repeated violations.

(5) The failure to perform work for which money was received.

(6) The making of any false or misleading statement in order to induce a person to authorize repair work or pay money.

(7) The failure to make restitution to consumers affected by the violation.

(8) The extent to which the violator has mitigated or attempted to mitigate any damage or injury caused by the violation.

(9) The degree of incompetence or negligence in the performance of duties and responsibilities.

(10) The purposes and goals of this chapter and other matters as may be appropriate.

1. New section filed 9-27-2011; operative 10-27-2011 (Register 2011, No. 39).
2. Amendment of section heading filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).

Note: Authority cited: Section 9882, Business and Professions Code. Reference: Sections 125, 125.9, 148, 149 and 302(d), Business and Professions Code.

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