(a) Any person or entity ("applicant")
seeking Bureau registration as an automotive repair dealer shall submit a
completed application that includes all of the following:
(1) The nonrefundable application fee set
forth in section
3351.1 for each location, or each
vehicle consistent with section
3351.7.1 unless the applicant
meets the requirements for waiver of the fee specified in subdivision
(g).
(2) The following identifying
information:
(A) The legal name of the
applicant. An individual must apply using their full legal name: (Last Name)
(First Name) (Middle Name) and/or (Suffix) and provide information from a
government issued photo identification including issuing authority, document
title, and number. A business entity must apply using the business' legal
name.
(B) If the business is to be
carried out under a fictitious name (i.e., the applicant intends to operate
under a name other than their legal name), the fictitious name shall be
provided.
(C) Form of business
organization (sole proprietorship (individual), partnership, limited
partnership, corporation, or limited liability company (LLC)).
(i) If the business is a corporation, the
corporate number assigned by the California Secretary of State.
(ii) If the business is an LLC, the domestic
or foreign LLC number assigned by the California Secretary of
State.
(D) Federal
employer identification number (FEIN), if the applicant is a partnership, or
the applicant's Social Security Number, or individual taxpayer identification
number (ITIN) for all other applicants. If the applicant is a corporation or
LLC, the applicant shall submit the Social Security Numbers of its controlling
individuals.
(E) If the applicant
is a business entity, the full legal name, title, business address, telephone
number, and information from a government issued photo identification including
issuing authority, document title, and number for each controlling
individual.
(F) Physical address of
the location operated by the applicant ("location").
(G) Applicant's mailing address, if different
than the physical address ("address of record").
(H) Applicant's telephone number,
(I) Applicant's email address.
(J) The applicant's retail seller's permit
number, if a permit is required under the Sales and Use Tax Law (Part 1
commencing with Section
6001) of Division 2 of the Revenue
and Taxation Code.
(K) Whether the
applicant intends to perform auto body repair work and possesses the applicable
licenses or permits set forth in Section 9889.52 of the Code.
(L) A designation of the services performed
by the business.
(M) Whether the
business will be engaged in mobile automotive repairs. If the applicant answers
affirmatively, they shall provide the vehicle license plate number for the
vehicle used to perform mobile automotive repairs in accordance with California
Code of Regulations, Title 16, Article 6.1 (commencing with section
3351.7.1).
(N) Whether the business is in an area that,
pursuant to local zoning ordinances, permits the operation of a facility for
the repair of motor vehicles.
(O)
Whether the applicant, or any controlling individual of the business, or any
other person(s) employed at the business possesses any applicable nationally
recognized and industry-accepted educational certifications as defined in
section 3303 and/or any Bureau-approved
educational certifications as provided in section
3395.6. If the applicant answers
affirmatively, the applicant shall identify the individual by name who
possesses the certification, the title of the certification, the name of the
certification provider and the date of issuance of the
certification(s).
(P) Whether the
applicant or any controlling individual of the business has ever been convicted
of any crime or offense for which a license may be denied pursuant to Section
480 of the Code.
(Q) Applicants
and/or controlling individuals of the business are not required to disclose
convictions under California Health and Safety Code Sections
11357(b), (c), (d),
(e), or Section 11360(b) which are two years
or older.
(R) Whether, within the
preceding seven years from the date of application, the applicant or any
controlling individual of the business has had a license, registration, or
certification that was formally disciplined by a licensing board in or outside
of California, including the Bureau, or any board (as defined in Section
22 of the Code) 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.
(S) Whether, within the preceding seven years
from the date of application, the applicant or any controlling individual has
previously been denied a registration or received a citation for committing
acts prohibited by Section 9884.7 of the Code from a licensing board in or
outside of California, including the Bureau, or any board (as defined in
Section 22 of the Code) in the Department
of Consumer Affairs.
(T) If the
applicant or any controlling individual answers affirmatively to any of the
items in subdivision (a)(2)(P), (a)(2)(R), or (a)(2)(S), the applicant shall
provide a written statement explaining details regarding any criminal
conviction, disciplinary action, or citation. For criminal convictions, the
statement shall include: the date and place of arrest, name of court, court
case number, code Section violated, brief explanation of the offense, and the
sentence imposed. For discipline, the written statement shall include the type
of license, effective date and type of disciplinary action, name and location
of licensing board, and brief explanation of violations found by the licensing
board. For citations, the written statement shall include the type of license,
effective date, name and location of licensing board, and a brief explanation
of violations cited by the licensing board.
(3) The following additional
applicant-identifying information to expedite the registration process:
(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; a copy of the applicant's
spouse's/partner's military orders reflecting assignment to a California duty
station; and proof of currently being licensed as an automotive repair dealer
in another state, or U.S. territory or district. Proof, for the purposes of
this subdivision, shall mean the information required by subdivision (g)(3) of
this section.
(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 per Section
135.4 of the Code.
(4) A statement signed by the applicant under
penalty of perjury that the information provided in the application is
true.
