Section 3312.1 - Licensing Vehicle Safety Systems Inspection Stations; Inspection, Term, and Renewal(a) Any person or entity ("applicant") seeking a license to operate a vehicle safety systems inspection station shall submit a completed application to the Bureau that includes all of the following:(1) A nonrefundable application fee of $20.00.(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 (Suffix)). A business entity must apply using the business' legal name.(B) The applicant's automotive repair dealer registration number.(C) If the business will 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. (i) If the business is a corporation, the corporate number assigned by the California Secretary of State.(ii) If the business is a limited liability company (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 ("address of record"), if different than the physical address.(H) Applicant's telephone number.(I) Whether the applicant or any controlling individual of the business has been convicted of any crime or offense for which a license may be denied pursuant to section 480 of the Code.(J) Applicants are required to disclose convictions under California Health and Safety Code sections 11357(b), (c), or (d), or 11360(b), which are less than two years old.(K) 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 program 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.(L) If the applicant answers affirmatively to any of the items in subdivisions (a)(2)(I) or (a)(2)(K) of this section, the applicant shall provide a written statement, detailing each criminal conviction and disciplinary action, on a separate sheet of paper. For each criminal conviction, the statement shall include: the date and place of arrest, name of the court that heard the case, court case number, code section(s) violated, brief explanation of the offense(s), and the restriction(s) imposed. For each disciplinary action, the written statement shall include the date and nature of the disciplinary action, name and location of the public agency, and every fine and restriction imposed.(3) The following additional applicant-identifying information, to expedite the application process, if applicable:(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, or proof of other legal union; a copy of the applicant's spouse's or partner's military orders reflecting assignment to a California duty station; and proof of being licensed to operate a vehicle safety systems inspection station in another state, or U.S. territory or district.(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 pursuant to section 135.4 of the Code.(4) The applicant shall disclose whether they have read the Vehicle Safety Systems Inspection Manual, referenced in section 3311.1 of this Article, and possess all required equipment specified in Chapter 9 of the Vehicle Safety Systems Inspection Manual.(5) A certification, signed by the applicant under penalty of perjury under the laws of the State of California, that all statements made in the application and all supporting documents provided by the applicant to the Bureau are true and correct.(b) The abandonment date for an application that has been returned to the applicant as incomplete shall be 12 months from the date of returning the application, in accordance with section 142 of the Code. An applicant who abandons an application shall submit a new application meeting the requirements of this section to obtain licensure to operate a vehicle safety systems inspection station.(c) Inspection. A vehicle safety systems inspection station license shall be issued within 10 days after a Bureau representative confirms at an initial on-site inspection (as specified in section 3303.2(b) of this Chapter) that the applicant meets the requirements prescribed in section 3311.2 of this Article and provides the applicant with written notice of such confirmation. A vehicle safety systems inspection station license shall expire one year from the date of issuance unless renewed prior to the expiration date, in accordance with this section.(d) A vehicle safety systems inspection station shall notify the Bureau in writing of any material changes to the information submitted to the Bureau, under subdivision (a)(2) of this section, within fourteen (14) days of the date of making any changes, or receiving notice of any change in the case of criminal convictions and disciplinary matters referenced in subdivisions (a)(2)(I) and (a)(2)(K) of this section. For the purposes of this section, "material" means any of the following: (1) A change of ownership, as defined in section 3306(c)(1) of this Chapter;(2) A change to the legal or fictitious business name;(3) A change of address, as defined in section 3306(c)(2) of this Chapter;(4) A change to controlling individuals;(5) A new report of a conviction of the vehicle safety systems inspection station or any of its controlling individuals, as provided in section 490 of the Code; or(6) A new report of formal discipline against the vehicle safety systems inspection station or any of its controlling individuals by a licensing board.(e) The notice of material changes required by subdivision (d) of this section shall include all of the following for each change: a description of the change, and the effective date of each change or the date that notice of the change was received by the vehicle safety systems inspection station in the case of reporting convictions and formal discipline.(f) As a condition of renewal, a vehicle safety systems inspection station shall submit a renewal fee of $20.00 to the Bureau prior to the expiration date of their license, or as otherwise provided in this subdivision. If the vehicle safety systems inspection station submits the renewal fee after the license expiration date, a delinquency fee of $10.00 shall be assessed in addition to the $20.00 renewal fee, pursuant to section 163.5 of the Code. If more than 30 days have passed since the vehicle safety systems inspection station's license expiration date, the station's license shall not be renewed and shall expire. If the entity or individual seeks to operate as a licensed vehicle safety systems inspection station again, they shall submit a new application and fee, as specified in subdivision (a) of this section.(g) Upon expiration of a vehicle safety systems inspection station license, a station shall not perform vehicle safety systems inspections until a current and active license is obtained, as specified in this section.(h) For the purposes of this section, "controlling individual" means owners, directors, officers, partners, members, trustees, managers, and any other persons the applicant identifies in their application who directly or indirectly, wholly or in part, control or conduct the business.(i) In addition to any of the applicable grounds provided in section 9889.2 of the Code, an application for licensure or renewal as a vehicle safety systems inspection station may be denied for any of the following reasons:(1) For denial of an application for licensure of a vehicle safety systems inspection station or technician, any grounds for denial authorized by section 480 of the Code;(2) Noncompliance with any provision in this Article; or(3) Providing any false or misleading information to the Department or Bureau.Cal. Code Regs. Tit. 16, § 3312.1
Note: Authority cited: Sections 9882 and 9888.5, Business and Professions Code. Reference: Sections 152.6, 163.5, 9888.2 and 9888.5, Business and Professions Code.
1. New section filed 3-27-2024; operative 3/27/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 14).