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 - Consumer Assistance Program and Enhanced Fleet Modernization Program
Section 3394.6 - Application and Documentation Requirements for the Consumer Assistance Program

Universal Citation: 16 CA Code of Regs 3394.6

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

(a) In order to participate in the Consumer Assistance Program, the applicant shall meet the requirements pursuant to 3394.4 et seq. and submit a completed application, CAP/APP (Rev. 04/2020), which is hereby incorporated by reference, and required documentation to the Department or its designee with original signature(s).

(b) To qualify based on income level, the applicant must certify under penalty of perjury that he or she has a household income that is less than or equal to two hundred twenty-five percent (225%) of the federal poverty level, as published in the Federal Register by the United States Department of Health and Human Services. Prior to approving the application, the bureau will periodically and randomly require the applicant to provide a copy of one of the following documents, as applicable:

(1) A letter from the issuing agency stating that the applicant receives any of the following benefits:
(A) Supplemental Security Income (SSI);

(B) State Supplemental Payments (SSP);

(C) Temporary Assistance for Needy Families (TANF);

(D) California Work Opportunity and Responsibility to Kids (Cal-WORKS);

(E) General Assistance (GA) or General Relief (GR); or

(F) Publicly subsidized medical coverage, such as or Medi-Cal.

(2) The applicant's state or federal income tax form (Form 540 or 1040) filed in the most recent tax year; and a paycheck stub reflecting year-to-date earnings, hours worked, and hourly wage of the applicant; or

(3) An unemployment, veterans benefits, or disability check issued to the applicant within the last sixty (60) days; or

(4) A monthly bank statement issued to the applicant within the last sixty (60) days reflecting direct deposit of Social Security or Public Assistance; or

(5) Other documentation satisfactory to the Department.

1. Renumbering of former section 3340.9 to section 3394.6, including amendment of section heading, repealer and new section, amendment of NOTE, and amendment of Form CAP-APP filed 6-26-2000 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-30-2000 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (a) and updating Form CAP-APP filed 9-21-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 38).
3. Renumbering of former section 3340.9 to section 3394.6, amendment of section heading, repealer and new section, amendment of NOTE, and amendment of Form CAP-APP refiled 10-30-2000 as an emergency, including further amendment of NOTE; operative 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-30-2000 order, including further amendment of subsections (a)-(b)(1), repealer of subsections (b)(2)-(6), subsection renumbering, and amendment of Form CAP-APP, transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
5. Change without regulatory effect amending subsection (a) and form CAP-APP filed 8-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 33).
6. Amendment of subsection (a), new subsection (b)(2)(A)4., subsection renumbering, amendment of CAP/APP form and amendment of NOTE filed 2-26-2002 as an emergency; operative 2-26-2002 (Register 2002, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-26-2002 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-26-2002 order transmitted to OAL 6-13-2002 and filed 7-2-2002 (Register 2002, No. 27).
8. Amendment of subsection (a) and NOTE and repealer and new form CAP/APP (removed from print and incorporated by reference) filed 7-31-2006; operative 7-31-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
9. Change without regulatory effect repealing and readopting new CAP/APP form (incorporated by reference) and amending subsection (a) filed 11-2-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 44).
10. Change without regulatory effect amending subsections (a) and (b)(1)(A)6. and form PPD 05_046 CAP/APP (incorporated by reference) filed 10-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 40).
11. Change without regulatory effect amending subsection (a) filed 8-13-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 33).
12. Amendment of section heading and section filed 7-30-2010 as an emergency; effective 7-30-2010. Emergency regulation shall become operative on the effective date of the Air Resources Board's AB 118 Enhanced Fleet Modernization Program regulations, 13 CCR division 3, chapter 13, sections 2620-2630. A Certificate of Compliance must be transmitted to OAL by 1-26-2011 or emergency language will be repealed by operation of law on the following day (Register 2010, No. 31).
13. Amendment of subsection (a) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
14. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (a), transmitted to OAL 11-30-2010 and filed 1-11-2011 (Register 2011, No. 2).
15. Change without regulatory effect amending subsections (a) and (b)(2) filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
16. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
17. Change without regulatory amending subsection (a) filed 9-25-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
18. Amendment of subsection (a) filed 8-31-2020 as an emergency; operative 8-31-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (a) refiled 6-4-2021 as an emergency; operative 6-30-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 23). A Certificate of Compliance must be transmitted to OAL by 1-28-2022 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 6-4-2021 order transmitted to OAL 12-9-2021 and filed 1-20-2022 (Register 2022, No. 3).

Note: Authority cited: Sections 44001.5, 44002, 44091 and 44094, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014, 44014.2, 44015, 44017, 44017.1, 44062.1, 44092, 44093, 44094 and 44095, Health and Safety Code.

The amended version of this section by Register 2024, No. 37, effective 1/1/2025 is not yet available.

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