Section 2771 - Citations: Assessment of Civil Penalties(a) Citations issued pursuant to Sections 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.(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: (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.(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.(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.(c) In assessing the amount of a civil penalty, the Chief shall consider the following criteria:1. The good or bad faith exhibited by the cited person.2. The nature and severity of the violation.3. Evidence that the violation was willful.4. History of previous violations.5. The extent to which the cited person has cooperated with the Bureau's investigation.6. The extent to which the cited person has mitigated or attempted to mitigate any loss caused by his/her violation.7. The extent of consumer injury which is a direct and proximate result of the violation.8. Such other matters as justice may require.(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.(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.(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.Cal. Code Regs. Tit. 16, § 2771
1. New section filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
2. Amendment of subsections (a), (e) and NOTE filed 5-12-94; operative 6-13-94 (Register 94, No. 19). Note: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 125.9 and 148, Business and Professions Code.
1. New section filed 5-10-88; operative 6-9-88 (Register 88, No. 20).
2. Amendment of subsections (a), (e) and Note filed 5-12-94; operative 6-13-94 (Register 94, No. 19).