Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2454

Introduced by Assembly Member Chen Low

February 19, 2020

An act to add Section 110.7 to the Business and Professions Code, relating to professions and vocations. An act to amend Sections 9884.12 and 9884.22 of, to add Section 9882.7 to, and to add Article 3.5 (commencing with Section 9885) to Chapter 20.3 of Division 3 of, the Business and Professions Code, and to amend Section 11041 of the Government Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 2454, as amended, Chen Low. Department of Consumer Affairs: retired or inactive status license: discipline. Bureau of Automotive Repair: administration: trusted dealer certification.
Existing law, the Automotive Repair Act, provides for the registration and regulation of automotive repair dealers by the Bureau of Automotive Repair in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor unless otherwise specified, and may subject a licensee to disciplinary action, including license suspension or revocation. Existing law requires the Director of Consumer Affairs to investigate on a continuous basis and gather evidence of violations of the act, as specified, and authorizes the director to revoke, suspend, or deny a registration on any grounds for disciplinary action provided in the act.
Existing law requires disciplinary proceedings to be conducted pursuant to specified administrative adjudication provisions of the Administrative Procedure Act. Those provisions require an agency to take one of specified actions within 100 days of receiving a proposed decision by an administrative law judge in a contested case. Existing law prohibits a state agency from employing any in-house counsel to act on behalf of the agency unless the agency has first obtained the written consent of the Attorney General.
This bill would require the Director of Consumer Affairs to appoint at least one administrative law judge for each regional office of the bureau to conduct proceedings under the act, and to appoint a chief administrative law judge to organize, coordinate, supervise, and direct the operations of the administrative law judges. The bill would require the director to employ legal counsel, legal assistants, and other personnel that may be necessary for the administration and enforcement of the act. The bill would require the director to take one of specified actions within 10 days of receiving a proposed decision from an administrative law judge in a contested case.
This bill would also require the bureau, by July 1, 2022, to establish by regulation a trusted dealer certification program for automotive repair dealers, as specified. The bill would require the bureau to issue a trusted dealer certification to an automotive repair dealer who meets specified requirements, including payment of an annual fee and agreeing to be subject to up to 2 investigations by the bureau’s enforcement program each year.
This bill would, commencing July 1, 2022, prohibit an automotive repair dealer from using the term “trusted dealer” unless the automobile repair dealer holds a valid trusted dealer certification issued by the bureau. Because a violation of these provisions by a automotive repair dealer would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs. Existing law authorizes the Board of Registered Nursing within the department to discipline every certificate holder or licensee, including licensees holding licenses placed in an inactive status.

This bill would authorize all boards within the department to discipline a licensee who has put their license on retired or inactive status.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 9882.7 is added to the Business and Professions Code, to read:

9882.7.
 (a) The director shall appoint at least one administrative law judge for each regional office of the bureau to conduct proceedings at the regional office. The director shall appoint a chief administrative law judge to organize, coordinate, supervise, and direct the operations of the administrative law judges. Each administrative law judge appointed by the director shall be admitted to practice law in this state, shall have the powers, jurisdiction, and authority granted by law, and shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Notwithstanding any law, including, but not limited to, Section 11042 of the Government Code, the director shall employ legal counsel, legal assistants, and any other personnel that may be necessary for the administration and enforcement of this chapter.
(c) Notwithstanding subdivision (c) of Section 11517 of the Government Code, within 10 days of receiving a proposed decision by an administrative law judge in a contested case, the director shall take one of the actions specified in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c) of Section 11517 of the Government Code.

SEC. 2.

 Section 9884.12 of the Business and Professions Code is amended to read:

9884.12.
 All proceedings to deny, suspend, revoke, or place on probation a registration shall be conducted by an administrative law judge appointed pursuant to Section 9882.7 in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

SEC. 3.

 Section 9884.22 of the Business and Professions Code is amended to read:

9884.22.
 (a) Notwithstanding any other provision of law, the director may revoke, suspend, or deny at any time any registration required by this article on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted by an administrative law judge appointed pursuant to Section 9882.7 in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein.
(b) The director may deny a registration to an applicant on any of the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for registration to an applicant, the director shall provide a statement of reasons for the denial that does the following:
(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2) Provides the director’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3) If the director’s decision was based on the applicant’s prior criminal conviction, justifies the director’s denial of a registration and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a registered automotive repair dealer.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a registration is due at least in part to the applicant’s state or federal criminal history record, the director shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her their criminal history record if the applicant makes a written request to the director for a copy, specifying an address to which it is to be sent.
(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the director to any employer.
(C) The director shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2) The director shall make that information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e) Notwithstanding Section 487, the director shall conduct a hearing of a registration denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the director shall determine when the hearing shall be conducted.

SEC. 4.

 Article 3.5 (commencing with Section 9885) is added to Chapter 20.3 of Division 3 of the Business and Professions Code, to read:
Article  3.5. Trusted Dealer Certification

9885.
 (a) By July 1, 2022, the bureau shall establish through regulation a trusted dealer certification program for automotive repair dealers in accordance with this article.
(b) The bureau shall consult with all stakeholders identified during the rulemaking process, including representatives of the automotive repair industry.
(c) The bureau shall consider including a letter grading system as a feature of the trusted dealer certification program established pursuant to this article.

9885.1.
 Commencing July 1, 2022, an automotive repair dealer shall not use the term “trusted dealer” or any words or symbols indicating or tending to indicate that the dealer is certified under this article unless the automotive repair dealer holds a valid trusted dealer certification issued by the bureau pursuant to this article.

9885.2.
 A trusted dealer certification shall not be a requirement for registration or licensure, but may be obtained by an automotive repair dealer in addition to their licensure or registration with the bureau.

9885.3.
 The bureau shall issue a trusted dealer certification to an automotive repair dealer who meets all of the following requirements:
(a) The automotive repair dealer pays an annual certification fee in an amount determined by the bureau, but no more than the reasonable cost to the bureau to implement this article.
(b) The automotive repair dealer agrees that by obtaining a trusted dealer certification, the automotive repair dealer shall be subject to up to two investigations by the bureau’s enforcement program per calendar year, regardless of whether a complaint has been made against the automotive repair dealer, which may include the use of undercover vehicles pursuant to Section 9882.6.
(c) The automotive repair dealer acknowledges that if any violations of this chapter are uncovered by an investigation made through the trusted dealer certification program, the automotive repair dealer may have its certification revoked and may be subject to any other discipline authorized by law.

9885.4.
 A trusted dealer certification shall be valid for one year and may be renewed concurrently with an automotive repair dealer’s registration renewal.

SEC. 5.

 Section 11041 of the Government Code is amended to read:

11041.
 (a) Section 11042 does not apply to the Regents of the University of California, the Trustees of the California State University, Legal Division of the Department of Transportation, Division of Labor Standards Enforcement of the Department of Industrial Relations, Workers’ Compensation Appeals Board, Public Utilities Commission, State Compensation Insurance Fund, Legislative Counsel Bureau, Inheritance Tax Department, Secretary of State, State Lands Commission, Alcoholic Beverage Control Appeals Board (except when the board affirms the decision of the Department of Alcoholic Beverage Control), State Department of Education, and Treasurer with respect to bonds, nor Department of Consumer Affairs with respect to the Bureau of Automotive Repair, or any other state agency which, by law enacted after Chapter 213 of the Statutes of 1933, is authorized to employ legal counsel.
(b) The Trustees of the California State University shall pay the cost of employing legal counsel from their existing resources.

SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.Section 110.7 is added to the Business and Professions Code, to read:
110.7.

(a)Notwithstanding any other law, a board within the department may discipline, a licensee who has put their license on retired or inactive status.