Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 3314.1.1 - Licensing of Vehicle Safety Systems Technicians; Term for Transition of Existing Lamp and Brake Adjusters(a) An applicant who possesses current, active, and unrestricted lamp and brake adjuster licenses prior to March 27, 2024, does not have any pending disciplinary action with the Bureau, is not on probation with the Bureau, and is seeking licensure as a vehicle safety systems technician shall submit a completed application which includes all of the following: (1) The following applicant identifying information: (B) Social Security number,(C) Lamp and brake adjuster license numbers,(D) Information from a government-issued photo identification, including issuing authority, document title, and number,(H) Email address, if any, and(2) 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.(3) 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.(4) 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.(5) 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.(6) If the applicant answers affirmatively to any of the items in subdivisions (a)(3) or (a)(5) 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.(7) 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 to obtain Bureau licensure as a vehicle safety systems technician.(c) Vehicle safety systems technician licenses shall expire two years from the date of issuance unless renewed in accordance with the requirements in section 3314.1 of this Article. No person shall engage in the activities of a vehicle safety systems technician unless the person holds a current license and is employed at a licensed vehicle safety systems inspection station.(d) A vehicle safety systems technician shall notify the Bureau in writing of any 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)(3) and (a)(5) of this section.(e) In addition to any of the applicable grounds provided in section 9889.2 of the Code, an application for licensure 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.(f) For the purposes of this section, "pending disciplinary action" means an Accusation that has been filed by the Bureau and served on the applicant in accordance with the Administrative Procedure Act (commencing with Government Code, section 11340).(g) This section shall become inoperative on March 27, 2025. An application submitted prior to March 27, 2025, that is found incomplete and is not abandoned pursuant to subdivision (b) will be processed pursuant to this section.Cal. Code Regs. Tit. 16, § 3314.1.1
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).