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 3340.28 - Licenses and Qualifications for Smog Check Inspectors and Repair Technicians
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) An individual may qualify for the following Smog Check licenses:
(b) Smog Check Inspector Qualifications.
The Smog Check Inspector license requires an examination. The qualifications to take the examination for the Smog Check Inspector license are:
(c) Smog Check Repair Technician Qualifications. The Smog Check Repair Technician license requires an examination. The qualifications to take the examination for the Smog Check Repair Technician license are:
(d) A single license that allows the applicant to perform the services described in subsections (a)(1) and (2) may be issued to applicants who qualify for and pass the exam for both license types.
(e) Upon renewal of an unexpired Basic Area Technician license or an Advanced Emission Specialist Technician license issued prior to the effective date of this regulation, the licensee may apply to renew as a Smog Check Inspector, Smog Check Repair Technician, or both.
(f) The redesignation of a Basic Area Technician license or an Advanced Emission Specialist Technician license to a Smog Check Inspector license, Smog Check Repair Technician license, or both, shall not deprive the director of the right to proceed with any investigation or administrative disciplinary proceeding against the Smog Check Technician license or to render a decision invalidating or revoking the license(s) as redesignated.
(g) If a Basic Area Technician license or an Advanced Emission Specialist Technician license is subject to an order of suspension, a probationary order, or any other administrative disciplinary actions at the time of renewal and redesignation as a Smog Check Inspector, Smog Check Repair Technician, or both, the order of suspension, probationary order, or other administrative disciplinary action shall be applied to the redesignated Smog Check Technician license.
(h) An applicant for renewal of a Smog Check Repair Technician license who does not possess certification pursuant to subsection (c)(1)(D) of this section must provide proof, satisfactory to the bureau, of successful completion of the bureau specified diagnostic and repair training within the last five years.
1. New
section filed 6-23-95 as an emergency; operative 6-23-95 (Register 95, No. 25).
A Certificate of Compliance must be transmitted to OAL by 10-21-95 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 6-23-95 order transmitted to
OAL 10-20-95 and filed 12-6-95 (Register 95, No. 49).
3. Amendment
of section and NOTE 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. Editorial correction of subsections (a)(2), (b)(2)(A),
(b)(2)(C), (b)(3)(B), (b)(3)(C) and (b)(4)(A) (Register 97, No.
2).
5. Certificate of Compliance as to 7-26-96 order, including
amendment of subsection (a)(2), repealer of subsections (a)(4) and
(b)(3)-(b)(3)(A), subsection relettering and renumbering, and amendment of
newly designated subsection (b)(4)(B), transmitted to OAL 11-19-96 and filed
1-6-97 (Register 97, No. 2).
6. Amendment filed 2-1-2001; operative
2-1-2001 pursuant to Government Code section
11343.4(c)
(Register 2001, No. 5).
7. Amendment of section and NOTE filed
12-18-2008; operative 1-17-2009 (Register 2008, No. 51).
8.
Amendment of section heading and section filed 2-1-2012; operative 2-1-2012
pursuant to Government Code section
11343.4
(Register 2012, No. 5).
9. New subsections (f)-(g), subsection
relettering 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, 44014 and 44045.5, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44014, 44031.5(e), 44045.5, 44072.6 and 44072.8, Health and Safety Code; and Sections 118 and 9889.7, Business and Professions Code.