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Bureau of Electronic & Appliance Repair Regulations

Article 7 - Miscellaneous

2764. Record Keeping - Customer-related Records
A legible original or legible copy of the following records shall be retained by the service dealer for a period of at least three years: invoice, customer claim check, estimate records, and employee records.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 9842 and 9847, Business and Professions Code.

2765. Return of Replaced Parts, Exemptions
Section 9843 requires that the service dealer shall return replaced parts to the customer excepting parts that the service dealer needs to return to the manufacturer or distributor under a warranty arrangement or parts that are exempted by regulation, as follows:

1. (a) Electronic or appliance parts that are repairable and are replaced or sold on an exchange basis, including picture tubes, printed circuit components, tuners and plug-in modules.
2. (b) Parts that are removed from appliances, as defined in Regulation 2702(f), providing the customer has waived the return of such parts in writing, including refrigeration compressors, condensers and evaporator coils; refrigerator and freezer doors and liners; washing machine transmissions, agitators and tubs; and dryer drums.
3. (c) Parts that contain toxic material which have been identified as a health hazard by a government public health agency, or where the manufacturer of the replacement part provides specific safety disposal procedures for such parts.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 9843, Business and Professions Code.

2766. Rebuilt Units Guarantees
Where a service dealer has guaranteed the performance of a rebuilt electronic set, appliance or component part thereof, all components of the rebuilt unit shall be included under such guarantee.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 9846, Business and Professions Code.

2767. Substantial Relationship Criteria
For the purposes of denial, suspension, or revocation of the registration of a repair service dealer pursuant to Division 1.5 (commencing with Section 475) of the Business and Professions Code, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a service dealer if to a substantial degree it evidences present or potential unfitness of a service dealer to perform the functions authorized by his registration in a manner consistent with the public health, safety, or welfare. Such crimes or acts shall include but not be limited to those involving the following:

1. (a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of Chapter 20, Division 3 of the Business and Professions Code.
2. (b) Conviction of a crime involving fiscal dishonesty.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 475, 480, 488, 490, and 9841, Business and Professions Code.

2768. Criteria for Rehabilitation

1. (a) The Bureau shall evaluate the rehabilitation of the applicant, registrant, or petitioner and his or her present eligibility for a registration:
2. (1) When considering the denial of a registration under the provisions of Section 480 of the Code;
3. (2) When considering the suspension or revocation of a registration on the grounds that a service dealer has been convicted of a crime;
4. (3) When considering a petition for reinstatement of a registration under the provisions of Section 11522 of the Government Code.
5. (b) In evaluating the rehabilitation of the applicant, registrant, or petitioner, the Bureau shall consider the following criteria:
6. (1) The nature and the severity of the act(s) or crime(s) under consideration.
7. (2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Business and Professions Code when considering an applicant pursuant to subsection (a)(1) of this section.
8. (3) Total criminal record when considering a person pursuant to subsections (a)(2) and (a)(3) of this section.
9. (4) The time that has elapsed since commission of the act(s) or crime(s) under consideration.
10. (5) The extent to which the applicant, registrant, or petitioner has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant, registrant, or petitioner.
11. (6) Evidence, if any, of rehabilitation submitted by the applicant, registrant, or petitioner. Such evidence may include, but is not limited to, proof of additional training or education, evidence of service to the community, and, if applicable, evidence of expungement proceedings, pursuant to Section 1203.4 of the Penal Code.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 475, 480, 482, and 9841, Business and Professions Code.

2770. Complaint Information System
The Bureau shall provide a system designed to provide individual members of the consuming public information regarding complaints and disciplinary actions against registrants and information regarding their registration status as specified below, unless in the determination of the Bureau disclosure of such complaint information would be unduly prejudicial to registrants.

1. (a) Information to be Provided Regarding Complaints. The Bureau shall maintain a system of information, regarding complaints received. The system shall provide for information relating to the preceding 3 years. The system will afford to members of the public, upon written request, all of the following regarding a particular registrant:
2. (1) The number of such complaints which, after investigation including contact with the registrant, have been found by Bureau staff to indicate probable violations of the Bureau's registration law or regulations.
3. (2) With respect to each such complaint, the following information:
4. (A) Its date of receipt by year.
5. (B) Its disposition, by indicating whether the matter has been:

• referred to formal disciplinary action;
• found to involve a minor violation not in itself meriting disciplinary action;
• disposed of through settlement, compromise or complaint mediation; or
• disposed of through any other action, formal or informal, taken against the registrant.

1. (3) Such general cautionary statement, as the Bureau may deem appropriate, regarding the utility of complaint information to individual consumers in their selection of registrants.
2. (4) If a complaint which was initially determined to indicate a probable violation of law is later found by the Bureau's staff upon further investigation not to truly involve a violation, it shall be deleted from the complaint system.
3. (5) Such comparative data as may be considered by the Bureau to be informative to consumers, which may include the average number of valid complaints received against registrants in a given region or locality.
4. (b) Information to be Provided Regarding Disciplinary Action. The Bureau shall maintain records showing the disciplinary history of all current registration holders and shall provide to members of the public, upon written request, the following information:
5. (1) Whether any current registrant has ever been disciplined and, if so, when and for what offense.
6. (2) Whether any current registrant has been named in any disciplinary action.
7. (c) Information to be Provided Regarding Registration Status. The Bureau shall maintain records showing certain registration information for all current registration holders and for three (3) years following the inactivation of registration. The Bureau shall provide to members of the public, upon written request, the following information regarding past and current registrants:
8. (1) The name of the service dealer as it appears in the Bureau's records.
9. (2) The registration number.
10. (3) The address of record and telephone number.
11. (4) The date of original registration.
12. (5) The date or dates such registration expired, lapsed, or was terminated and, if applicable, the reason for termination.
13. (d) Quantity of Information to be Provided Per Week. To avoid undue delay in the Bureau's response to other requesters and in order that no one requester may overburden the Bureau's system, the Bureau may establish reasonable limits on the number of requests per week from any one requester which the Bureau may handle.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 9814, 9860, and 9863, Business and Professions Code.

2771. Citations: Assessment of Civil Penalties

1. (a) Citations issued pursuant to Section 125.9 and 148 of the Code include violations of the provisions of the Electronic and Appliance Repair Dealer Registration Law ("Act") and any regulations adopted pursuant to any provisions of the Act. The Chief is authorized to issue citations containing orders of abatement and fines for violations of the provisions of law referred to in this section.
2. (b) A citation shall be issued whenever any order of abatement is issued or any fine is levied. Each citation shall be in writing and shall describe with particularity the nature and facts of the violation, including a reference to the statute or regulations alleged to have been violated. The citation shall be served upon the individual personally or by certified mail. Each citation issued shall contain an order of abatement. Citations may contain a civil penalty. Where citations issued include a civil penalty they shall be classified according to the nature of the violation and shall indicate the classification on the face thereof as follows:
3. (1) Class "A" violations are violations which the Chief has determined involve a person who, while operating as a service dealer, has violated a statute or regulation relating to the repair or installation of equipment as provided for in the Act and which either has caused (1) the death of or bodily injury to another person or (2) fire damage to property or (3) a person who has committed a class "B" violation and has three or more prior separate class "B" violations within the 36 month period immediately preceding the act serving as the basis for the citation, without regard to whether the actions to enforce the previous citations have become final. However, the increase in the civil penalty required by this paragraph shall not be due and payable unless and until the previous actions have been terminated in favor of the bureau. A class "A" violation is subject to a civil penalty in the amount of not less than seven hundred fifty dollars ($750) and not exceeding two thousand five hundred dollars ($2,500) for each and every violation.
4. (2) Class "B" violations are violations which the Chief has determined involve either (1) a person who, while operating as a service dealer, has violated a statute or a regulation relating to the repair or installation of equipment, as provided for in the Act and which caused damage, other than death or fire damage or bodily harm or (2) a person who has committed a class "C" violation and has three or more prior separate class "C" violations which have been terminated in favor of the Bureau within the 36 month period immediately preceding the act serving as the basis for the citation without regard to whether the actions to enforce the previous citations have become final. However, the increase in the civil penalty required by this paragraph shall not be due and payable unless and until the previous actions have been terminated in favor of the bureau. A class "B" violation is subject to a civil penalty in the amount not less than two hundred fifty dollars ($250) and not exceeding seven hundred fifty dollars ($750) for each and every violation.
5. (3) Class "C" violations are violations which the Chief has determined involve a person who, while operating as a service dealer has violated a statute or regulation relating to the repair or installation of equipment provided for in the Act and which has caused neither property nor monetary damage or bodily harm. A class "C" violation is subject to a civil penalty in the amount of not less than fifty dollars ($50) and not exceeding two hundred fifty dollars ($250) for each and every violation.
6. (c) In assessing the amount of a civil penalty, the Chief shall consider the following criteria:
7. 1. The good or bad faith exhibited by the cited person.
8. 2. The nature and severity of the violation.
9. 3. Evidence that the violation was willful.
10. 4. History of previous violations.
11. 5. The extent to which the cited person has cooperated with the Bureau's investigation.
12. 6. The extent to which the cited person has mitigated or attempted to mitigate any loss caused by his/her violation.
13. 7. The extent of consumer injury which is a direct and proximate result of the violation.
14. 8. Such other matters as justice may require.
15. (d) If a cited person who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of conditions beyond his or her control after the exercise of reasonable diligence, the person cited may request an extension of time from the Chief in which to complete the correction. Such a request shall be in writing.
16. (e) When an order of abatement is not contested or if the order is appealed and the person cited does not prevail, failure to abate the violation charged within the time allowed shall constitute a violation and failure to comply with the order of abatement. The time allowed for the abatement of a violation shall begin when the order of abatement is final and has been served. Such failure may result in disciplinary action being taken by the bureau or other appropriate judicial or regulatory relief being taken against the person cited.
17. (f) The Chief is authorized to issue citations containing orders of abatement and fines against persons, partnerships, corporations or associations who are performing or who have performed services for which registration is required by the Code. Each citation issued shall contain an order of abatement. Where appropriate the Chief shall levy a fine for such unlicensed activity in accordance with subdivision (b)(3) of Section 125.9 of the Code. The provisions of this section shall apply to the issuance of citations for unlicensed activity under this subsection. The sanction authorized under this section shall be separate from and in addition to any other civil or criminal remedies.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.

2772. Contest of Citations, Citation Review Conference

1. (a) In addition to requesting a hearing provided for in subdivision (b)(4) of Section 125.9 of the Code, the person cited may, within ten (10) days after service of the citation, notify the Chief in writing of his or her request for a citation review conference with the Chief or his or her designee regarding the acts charged in the citation.
2. (b) The Chief or his or her designee shall hold, within 30 days from the receipt of the request, a citation review conference with the person cited or his or her legal counsel or authorized representative. At the conclusion of the citation review conference the Chief or his or her designee may affirm, modify or dismiss the citation, including any fine levied or order of abatement issued. The Chief or his or her designee shall state in writing the reasons for his or her action and transmit a copy of his or her findings and decision to the person cited. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied and the order of abatement.
3. (c) The person cited does not waive his or her right to request a hearing to contest a citation by requesting a citation review conference after which the citation is affirmed by the Chief or his or her designee. If the citation, including any fine levied or order of abatement, is modified, the citation originally issued shall be considered withdrawn and new citation issued. If a hearing is requested for the subsequent citation, it shall be requested within 30 days in accordance with subdivision (b)(4) of Section 125.9.

NOTE: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 125.9 and 125.95, Business and Professions Code.

2775. Disciplinary Guidelines
In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the bureau shall consider the disciplinary guidelines entitled "Bureau of Electronic and Appliance Repair Disciplinary Guidelines (June 1997)" which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the bureau in its sole discretion determines that the facts of the particular case warrant such deviation - for example: the presence of mitigating factors; the age of the case; evidentiary problems.

NOTE: Authority cited: Section 9814 and 9814.5, Business and Professions Code; and Sections 11400.20 and 11400.21, Government Code. Reference: Sections 125.3 and 9841, Business and Professions Code; and Sections 11400.20, 11400.21 and 11425.50(c), Government Code.