Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
An applicant who possesses current, active, and unrestricted lamp and brake
adjuster licenses prior to March 27, 2024, does not have any pending
disciplinary action with the Bureau, is not on probation with the Bureau, and
is seeking licensure as a vehicle safety systems technician shall submit a
completed application which includes all of the following:
(1) The following applicant identifying
information:
(A) Full legal name,
(B) Social Security number,
(C) Lamp and brake adjuster license
numbers,
(D) Information from a
government-issued photo identification, including issuing authority, document
title, and number,
(E) Physical
address,
(F) Mailing
address,
(G) Telephone
number,
(H) Email address, if any,
and
(2) The following
additional applicant-identifying information, to expedite the application
process, if applicable:
(A) Whether the
applicant is serving, or has previously served, in the United States Armed
Forces.
(B) Whether the applicant
is an honorably discharged member of the United States Armed Forces. If the
applicant affirmatively states they meet this criterion, they shall provide the
following documentation with the application to receive expedited review: a
certificate of release or discharge from active duty (DD-214) or other
documentary evidence showing date and type of discharge.
(C) Whether the applicant is married to or in
a domestic partnership or other legal union with an active-duty member of the
United States Armed Forces assigned to a duty station in California under
official active-duty military orders. If the applicant affirmatively states
they meet this criterion, they shall provide the following documentation along
with the application to receive expedited review: certificate of marriage,
certificate of domestic partnership, or proof of other legal union; a copy of
the applicant's spouse's or partner's military orders reflecting assignment to
a California duty station; and proof of being licensed to operate a vehicle
safety systems inspection station in another state, or U.S. territory or
district.
(D) Whether the applicant
was admitted to the United States as a refugee, has been granted asylum by the
Secretary of Homeland Security or the Attorney General of the United States, or
has a special immigrant visa (SIV). If the applicant affirmatively states they
meet any of these criteria, they shall provide any of the following items of
documentation, as applicable, with the application to receive expedited review:
(i) Form I-94, arrival/departure record, with
an admission class code such as "RE" (refugee) or "AY" (asylee) or other
information designating the person a refugee or asylee;
(ii) Special Immigrant Visa that includes the
"SI" or "SQ";
(iii) Permanent
Resident Card (Form I-551), commonly known as a "green card", with a category
designation indicating that the person was admitted as a refugee or asylee;
or
(iv) An order from a court of
competent jurisdiction or other documentary evidence that provides reasonable
assurances to the Bureau that the applicant qualifies for expedited licensure
pursuant to section 135.4 of the Code.
(3) Whether the applicant has been convicted
of any crime or offense for which a license may be denied pursuant to section
480 of the Code.
(4) Applicants are
required to disclose convictions under California Health and Safety Code
sections
11357(b),
(c), or (d), or section 11360(b), which are
less than two years old.
(5)
Whether, within the preceding seven years from the date of application, the
applicant has ever had a license, registration, or certification that was
formally disciplined by a licensing board in or outside of California,
including the Bureau, or any program in the Department of Consumer Affairs.
"Discipline" for purposes of this section includes reproval, suspension,
revocation, probation, or any other form of restriction placed on the license,
registration, or certification.
(6)
If the applicant answers affirmatively to any of the items in subdivisions
(a)(3) or (a)(5) of this section, the applicant shall provide a written
statement, detailing each criminal conviction and disciplinary action, on a
separate sheet of paper. For each criminal conviction, the statement shall
include: the date and place of arrest, name of the court that heard the case,
court case number, code section(s) violated, brief explanation of the
offense(s), and the restriction(s) imposed. For each disciplinary action, the
written statement shall include the date and nature of the disciplinary action,
name and location of the public agency, and every fine and restriction
imposed.
(7) A certification,
signed by the applicant under penalty of perjury under the laws of the State of
California, that all statements made in the application and all supporting
documents provided by the applicant to the Bureau are true and
correct.
(b) The
abandonment date for an application that has been returned to the applicant as
incomplete shall be 12 months from the date of returning the application in
accordance with section 142 of the Code. An applicant who abandons an
application must submit a new application to obtain Bureau licensure as a
vehicle safety systems technician.
(c) Vehicle safety systems technician
licenses shall expire two years from the date of issuance unless renewed in
accordance with the requirements in section
3314.1 of this Article. No person
shall engage in the activities of a vehicle safety systems technician unless
the person holds a current license and is employed at a licensed vehicle safety
systems inspection station.
(d) A
vehicle safety systems technician shall notify the Bureau in writing of any
changes to the information submitted to the Bureau under subdivision (a)(2) of
this section within fourteen (14) days of the date of making any changes, or
receiving notice of any change in the case of criminal convictions and
disciplinary matters referenced in subdivisions (a)(3) and (a)(5) of this
section.
(e) In addition to any of
the applicable grounds provided in section 9889.2 of the Code, an application
for licensure as a vehicle safety systems technician may be denied for any of
the following reasons:
(1) For denial of an
application for licensure of a vehicle safety systems inspection station or
technician, any grounds for denial authorized by section 480 of the
Code;
(2) Noncompliance with any
provision in this Article; or
(3)
Providing any false or misleading information to the Department or
Bureau.
(f) For the
purposes of this section, "pending disciplinary action" means an Accusation
that has been filed by the Bureau and served on the applicant in accordance
with the Administrative Procedure Act (commencing with Government Code, section
11340).
(g) This section shall become inoperative on
March 27, 2025. An application submitted prior to March 27, 2025, that is found
incomplete and is not abandoned pursuant to subdivision (b) will be processed
pursuant to this section.
Note: Authority cited: Sections 9882 and 9888.5, Business
and Professions Code. Reference: Sections 152.6, 163.5, 9888.2 and 9888.5,
Business and Professions Code.