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 3340.17.1 - Decertification of Equipment Manufactures

(a) If the bureau finds that a BAR-97 EIS or DAD manufacturer, hereinafter referred to as manufacturer, fails to furnish or install required software updates to the BAR-97 EIS or DAD, or to meet the specifications, standards, or requirements as provided in the BAR-97 Emissions Inspection System Specification or the BAR OBD Inspection System Data Acquisition Device Specification incorporated by reference in section 3340.17, the bureau may decertify the manufacturer's BAR-97 EIS or DAD and prevent the use of the equipment in the California Smog Check Program.

(b) If the bureau finds cause to decertify a manufacturer's BAR-97 EIS or DAD, the bureau shall file and serve a notice in writing or by electronic mail to the manufacturer(s). The notice shall contain a summary of the facts and allegations that form the cause or causes for decertification and may be given in any manner authorized by Business and Professions Code Section 124.

(c) If the bureau receives a written or electronic request for a hearing from the manufacturer within five (5) days from the date of service, a hearing shall be held as provided for as follows:

(d) The manufacturer shall be notified of the determination by the chief, or the chief's designee, who shall issue a decision and notify the manufacturer within ten (10) days of the close of the hearing.

(e) The manufacturer may request an administrative hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to contest the decision of the chief or the chief's designee within 30 days of the date of the determination by the chief, or the chiefs designee.