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 11.3 - Administrative Citations and Fines for Automotive Repair Act Violations by Registrants
Section 3394.52 - Compliance with Citation/Order of Abatement for Automotive Repair Dealers; Remedies for Non-Compliance
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If a person cited pursuant to section 3394.50 who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond their control after the exercise of reasonable diligence, the cited person may request an extension of time in which to complete the correction from the Bureau chief. Such a request shall be in writing and made within the time set forth for abatement.
(b) If a citation is not contested as provided in section 3394.53, or if the citation is contested and the cited person does not prevail, failure to abate the violation or to pay the assessed fine within the time allowed shall constitute a material failure to comply with the provisions of the Act or regulations for which the person was cited. If a hearing is not requested pursuant to this article, payment of any fine shall not constitute an admission of the violation charged.
(c) In addition to any other fines, penalties, and other remedies available to the Bureau, failure to timely comply with an order of abatement or pay an assessed fine as provided in subdivision (b) shall constitute a ground for disciplinary action.
(d) An assessed fine shall be paid within 30 days of the date of receipt of a citation, or as applicable, a final affirmed or modified citation as provided in section 3394.53. If a fine is not paid after a citation has become final, the fine shall be added to the cited person's license or registration renewal fee. A license or registration shall not be renewed without payment of the renewal fee and fine. "Final" for the purposes of this section shall mean: the Bureau's decision has become effective, the cited person did not submit a written request to contest the citation as required by section 3394.53, and the timeframe for submitting such a request under 3394.53 has passed.
1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).
Note: Authority cited: Sections 9882 and 9884.7, Business and Professions Code. Reference: Sections 125.9, 148, 149, 302(d) and 9884.7, Business and Professions Code.
