Section 3314.1 - Licensing of Vehicle Safety Systems Technicians; Term and Renewal(a) Any person ("applicant") seeking licensure as a vehicle safety systems technician shall submit a completed application which includes all of the following: (1) The nonrefundable application fee of $10.00.(2) Proof of successful completion of the Bureau's initial licensing examination for vehicle safety systems technicians ("initial licensing examination"), specified in subdivision (c) of this section. "Proof of successful completion" shall mean the applicant completed the forms, required by PSI Services LLC (PSI), necessary to consent to and direct submission of the applicant's examination results electronically to the Bureau by PSI, and that such results list the applicant's name, applicant identifying number, and that the applicant passed the examination.(3) The following applicant identifying information:(B) Social Security number;(C) Information from a government-issued photo identification, including issuing authority, document title, and number;(F) Telephone number; and(G) Email address, if any.(4) A current National Institute for Automotive Service Excellence (ASE) certification in each of the following areas:(A) Suspension and Steering (A-4);(C) Electrical/Electronic Systems (A-6).(5) 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.(6) Whether the applicant has been convicted of any crime or offense for which a license may be denied pursuant to section 480 of the Code.(7) Applicants are required to disclose convictions under California Health and Safety Code sections 11357(b), (c), or (d), or section 11360(b), which are less than two years old.(8) Whether, within the preceding seven years from the date of application, the applicant has ever 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.(9) If the applicant answers affirmatively to any of the items in subdivisions (a)(6) or (a)(8) 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.(10) 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 must submit a new application meeting the requirements of this section to obtain Bureau licensure as a vehicle safety systems technician.(c)(1) Notice of Eligibility. The Bureau shall review the application submitted pursuant to subdivision (a) of this section, determine that no grounds for denial exist pursuant to section 480 of the Code, and that all information required by subdivisions (a)(1) and (a)(3) through (a)(10) of this section have been submitted ("determination of eligibility"). Once the Bureau makes a determination of eligibility, the Bureau shall mail the applicant a written and dated notice, within the timeframe specified in section 3303.2(b) of this Chapter, informing them of all of the following: (A) the applicant is eligible to take the initial licensing examination;(B) the applicant must schedule, take, and pass the initial licensing examination within 90 days of the Bureau's written notice or the Bureau shall reject their application as incomplete; and(C) information for the applicant to contact PSI to schedule the examination, including the web site address, email address, telephone number, and mailing address.(2) Form and Content of Licensing Examination. The initial licensing examination shall be a computer-based test that contains questions on inspection and diagnosis of vehicle safety systems, as defined in section 3303(s) of this Chapter, and is administered by PSI.(3) Applicant's Responsibilities. Upon receipt of written notice of approval from the Bureau, as specified in this section, an applicant is responsible for contacting PSI to schedule a test date and examination site location, paying PSI's nonrefundable fees to take the examination, and complying with all PSI test center procedures and rules.(4) Re-examination Instructions. If the applicant receives notice from PSI that they have not passed the initial licensing examination, the applicant may re-take the examination by contacting PSI to schedule a new test date and examination site location and paying PSI's nonrefundable fees.(5) Re-examination Limitations. After two unsuccessful attempts to pass the examination within 90 days of receiving notice of eligibility from the Bureau, as provided in subdivision (c)(1) of this section, the application shall be deemed incomplete, and the applicant shall submit a new application if they wish to again seek licensure as a vehicle safety systems technician, as provided in subdivision (a) of this section.(d) Vehicle safety systems technician licenses shall expire two years from the date of issuance unless renewed prior to the expiration date, in accordance with this section. No person shall engage in the activities of a vehicle safety systems technician unless the person holds a current and active license and is employed at a licensed vehicle safety systems inspection station.(e) A vehicle safety systems technician 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)(6) and (a)(8) of this section.(f) As a condition of renewal, a vehicle safety systems technician shall submit a renewal fee of $10.00 and a completed renewal application to the Bureau containing the information specified in subdivision (a) of this section prior to the expiration date of their license, or as otherwise specified in this subdivision. No additional testing shall be required for license renewal provided the vehicle safety systems technician licensee renews their technician license within 30 days after the date of the license's expiration. If the technician submits the renewal fee after the license's expiration date, a delinquency fee of $5.00 shall be assessed in addition to the $10.00 renewal fee, pursuant to section 163.5 of the Code. If more than 30 days have passed since the license expiration date, the license shall not be renewed and the license shall expire. If the individual seeks to operate as a licensed vehicle safety systems technician again, they shall submit a new application and fee, as specified in subdivision (a) of this section.(g) 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 technician 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, § 3314.1
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).