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 5.5 - Motor Vehicle Inspection Program
Section 3340.10 - Licensing of Smog Check Stations

Universal Citation: 16 CA Code of Regs 3340.10

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

A registered automotive repair dealer may be licensed as a Smog Check test-only station, a Smog Check test-and-repair station, or a Smog Check repair-only station in accordance with the following:

(a) Application. An applicant for an initial or renewal license shall submit an application to the bureau on Form R-3 (Rev. 10/14) "Application for Smog Check Station License," which is hereby incorporated by reference, along with the fee required in subsection (b). An application to redesignate a license to another license type at any time shall be reviewed in the same manner as an application for an initial license.

(b) Fees. Fees are established as follows:

(1) Initial license fee--$100.00.

(2) Renewal license fee if submitted on or before the date of license expiration--$100.00.

(3) Delinquency fee if a renewal license fee is submitted after the date of license expiration--$50.00, which shall be assessed in addition to the $100.00 renewal license fee.

(c) Term of License. A station license shall expire one year from the last day of the month in which the license was issued unless renewed, suspended, rescinded, or terminated by operation of law. The bureau may advance the expiration date to correspond with the automotive repair dealer's registration expiration date. A licensee whose license has expired shall immediately cease to inspect, test, diagnose or repair vehicles or issue certificates as part of the Smog Check Program.

(d) Inspection. An inspection of the applicant's facility shall be made by a representative of the bureau. A license may be issued only for an applicant that meets the qualifications prescribed in this article.

(e) Replacement License. In determining whether a fee is required for a replacement license, the definitions given in section 3306(c)(1) and (2) of this chapter shall apply.

(1) In the event of a change of name or address of a licensee, a new application shall be submitted to the bureau and no fee will be required.

(2) In the event of a change of ownership of a licensed business, a new application and a license fee of $100.00 shall be submitted to the bureau.

(3) In the event a license is lost, destroyed, or mutilated, application shall be made to the bureau for a duplicate license. The person to whom the license was issued shall furnish satisfactory proof of licensure. Upon receipt of application, the bureau shall issue a duplicate license for the unexpired term of the license. Any lost license that is later found shall be returned to the bureau.

(f) No person shall operate a Smog Check station unless a license to do so has been issued by the department.

(g) The redesignation of a Smog Check station license from one license type to another license type pursuant to this section shall not deprive the director of the right to proceed with any investigation or administrative disciplinary proceeding against the Smog Check station or to render a decision invalidating or revoking the license as redesignated.

(h) If a Smog Check station license is subject to an order of suspension, a probationary order, or any other administrative disciplinary actions at the time of redesignation from one license type to another license type pursuant to this section, the order of suspension, probationary order, or other administrative disciplinary action shall be applied to the redesignated license.

1. Amendment of subsections (b) and (e)(2) filed 6-21-89; operative 6-21-89 (Register 89, No. 25).
2. Amendment filed 4-16-90; operative 4-16-90 (Register 90, No. 19).
3. Amendment of subsections (a) and (c) filed 7-26-96 as an emergency; operative 7-26-96 (Register 96, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-25-96 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 7-26-96 order, including further amendment of subsection (c), transmitted to OAL 11-19-96 and filed 1-6-97 (Register 97, No. 2).
5. Amendment of form R-12, Application for Smog Check Station License (incorporated by reference), amendment of subsection (a) and repealer of form 79-4 filed 2-1-2012; operative 2-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 5).
6. Change without regulatory effect amending amending subsection (c) (removing reference to Form R-12 and incorporating Form R-3, Application for Smog Check Station License by reference) filed 4-8-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 15).
7. Amendment of first paragraph and subsections (a) and (c), new subsections (g)-(h) and amendment of NOTE filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).

Note: Authority cited: Sections 44002 and 44034, Health and Safety Code; and Sections 163.5 and 9882, Business and Professions Code. Reference: Sections 44030, 44033, 44034, 44072.6 and 44072.8, Health and Safety Code; and Sections 118 and 9889.7, Business and Professions Code.

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