California

Business and Professions Code - BPC

10,525 sections, each with the official text and a plain-English explanation of what it means for you.

• § 9855 — The definitions used in this section shall govern the construction and terms as used in this chapter: (a) “Service contract” means a contract in writing to perform, over a fixed period of time or for
• § 9855.05 — On and after January 1, 2000, for the purposes of this chapter, “service contract” also includes a service contract as described in subdivision (e) of Section 12741 of the Insurance Code.
• § 9855.1 — (a) It shall be unlawful for any person to act as a service contractor in this state unless that person first registers with the bureau in accordance with the provisions of this chapter and maintains
• § 9855.15 — A service contract administrator who is an obligor on a service contract and is registered as a service contract administrator may perform all the functions permitted by a seller and shall not be requ
• § 9855.2 — (a) A service contract seller shall not issue, sell, or offer for sale a service contract unless the obligor under the service contract has complied with one of the following requirements: (1) Files w
• § 9855.3 — (a) (1) The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the service contractor shall be filed with the dire
• § 9855.4 — (a) The service contract reimbursement insurance policy shall cover the obligations of the service contract seller under the service contracts sold during the period of time that the service contract
• § 9855.5 — A service contractor shall comply with the provisions of Sections 1794.
• § 9855.6 — Where a service contractholder cancels a service contract in accordance with Section 1794.
• § 9855.7 — The director may deny, or may suspend, revoke, or place on probation the registration of a service contractor for any act, omission, or crime that is committed by the service contractor or any employe
• § 9855.8 — (a) The director may issue a citation to the service contractor for any of the following reasons: (1) Violation of subdivision (a) of Section 9855.
• § 9855.85 — Unless otherwise lawfully transacting the business of insurance pursuant to a certificate of authority issued pursuant to Section 700 of the Insurance Code for the appropriate class, a service contrac
• § 9855.9 — This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
• § 9860 — (a) The director shall establish procedures for accepting complaints from the public against any service dealer.
• § 9861 — If the complaint does not appear to state any violations of this chapter or of the regulations made pursuant to this chapter, the director shall so advise the complainant and take no further action.
• § 9862 — If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service dealer of the contents of the complaint and, i
• § 9862.5 — (a) If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service contractor of the contents of the complain
• § 9863 — (a) If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the director, in their discretion, may suggest me
• § 9870 — All fees collected pursuant to this chapter shall be paid into the State Treasury to the credit of the Household Goods and Services Fund, which fund is hereby created.
• § 9871 — The director shall report to the State Controller at the beginning of each month, for the month preceding, the amount and source of all revenue received by the bureau pursuant to this chapter, and at
• § 9872 — The money in the Household Goods and Services Fund necessary for the administration of the bureau and the administration of this chapter shall be used for those purposes.
• § 9873 — The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: (a) The initial registration fee for an electronic repair industry service dealer o
• § 9874 — All salaries, expenses, or costs incurred or sustained pursuant to this chapter shall be payable only out of the Household Goods and Services Fund.
• § 9874.5 — (a) All moneys in the Electronic and Appliance Repair Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026.
• § 9875 — As used in this chapter, the following definitions shall apply: (a) “Insurer” includes an insurance company and any person authorized to represent the insurer with respect to a claim.
• § 9875.1 — No insurer shall require the use of nonoriginal equipment manufacturer aftermarket crash parts in the repair of an insured’s motor vehicle, unless the consumer is advised in a written estimate of the
• § 9875.2 — Any violation of this chapter shall be enforced by the penalties provided in Section 790.
• § 9880 — This chapter constitutes the chapter on automotive repair dealers.
• § 9880.1 — The following definitions apply for the purposes of this chapter: (a) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions o
• § 9880.2 — The following persons are exempt from the requirement of registration: (a) An employee of an automotive repair dealer if the employee repairs motor vehicles only as an employee.
• § 9880.3 — Protection of the public shall be the highest priority for the Bureau of Automotive Repair in exercising its licensing, regulatory, and disciplinary functions.
• § 9880.4 — The Legislature finds and declares all of the following: (a) The Bureau of Automotive Repair established the BAR Advisory Group to increase the level of communication between the bureau, the automotiv
• § 9880.5 — (a) As used in this chapter, the following definitions apply: (1) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant t
• § 9882 — (a) (1) There is in the Department of Consumer Affairs a Bureau of Automotive Repair under the supervision and control of the director.
• § 9882.1 — The director in accordance with the State Civil Service Act, Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code, may appoint and fix the compensation of such cleric
• § 9882.14 — (a) The bureau shall cooperate with the Office of Traffic Safety and adopt standards for the installation, maintenance, and servicing of certified ignition interlock devices by automotive repair deale
• § 9882.2 — The Governor shall appoint, subject to confirmation by the Senate, a chief of the bureau at a salary to be fixed and determined by the director with the approval of the Director of Finance.
• § 9882.3 — Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to such
• § 9882.4 — The director shall keep a complete record of all registered automotive repair dealers showing the names and addresses of all such dealers.
• § 9882.5 — The director shall on his or her own initiative or in response to complaints, investigate on a continuous basis and gather evidence of violations of this chapter and of any regulation adopted pursuant
• § 9882.6 — (a) There is in the department an enforcement program that shall investigate violations of this chapter and the Motor Vehicle Inspection and Maintenance Program (Chapter 5 (commencing with Section 440
• § 9884 — (a) An automotive repair dealer shall pay the fee required by this chapter for each place of business operated by the dealer in this state and shall register with the director upon forms prescribed by
• § 9884.1 — Any business maintaining more than one automotive repair facility shall be permitted to file a single application annually, which along with the other information required by this article, clearly ind
• § 9884.10 — Upon request of the customer at the time the work order is taken, the automotive repair dealer shall return replaced parts to the customer at the time of the completion of the work excepting such part
• § 9884.11 — Each automotive repair dealer shall maintain any records that are required by regulations adopted to carry out this chapter.
• § 9884.12 — All proceedings to deny, suspend, revoke, or place on probation a registration shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Govern
• § 9884.13 — The expiration of a valid registration shall not deprive the director or chief of jurisdiction to proceed with any investigation or disciplinary proceeding against an automotive repair dealer or to re
• § 9884.14 — The superior court in and for the county wherein any person carries on, or attempts to carry on, a business as an automotive repair dealer or as a mechanic in violation of the provisions of this chapt
• § 9884.15 — The director may file charges with the district attorney or city attorney against any automotive repair dealer who violates the provisions of this chapter or any regulation made pursuant to this chapt
• § 9884.16 — (a) A person required to have a valid registration under the provisions of this chapter shall not have the benefit of any lien for labor or materials, including the ability to charge storage fees in a
• § 9884.17 — The bureau shall design and approve of a sign which shall be placed in all automotive repair dealer locations in a place and manner conspicuous to the public.
• § 9884.18 — Nothing in the provisions of this chapter shall prohibit the bringing of a civil action against an automotive repair dealer by an individual.
• § 9884.19 — The bureau may adopt, amend or repeal in accordance with the provisions of Chapter 4.
• § 9884.2 — Upon receipt of the form properly filled out and receipt of the required fee, the director shall issue the registration and send a proof of issuance to the automotive repair dealer.
• § 9884.20 — All accusations against automotive repair dealers shall be filed within three years after the performance of the act or omission alleged as the ground for disciplinary action, except that with respect
• § 9884.21 — (a) Notwithstanding any other provision of law, the director may, in his or her sole discretion, issue a probationary registration to an applicant subject to terms and conditions deemed appropriate by
• § 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 i
• § 9884.3 — Every registration shall cease to be valid one year from the last day of the month in which registration was issued unless the automotive repair dealer has paid the renewal fee required by this chapte
• § 9884.4 — A registration shall cease to be valid when the director finds that any of the information provided by the form specified in Section 9884, which the director by regulation deems material, ceases to be
• § 9884.5 — A registration that is not renewed within three years following its expiration shall not be renewed, restored, or reinstated thereafter, and the delinquent registration shall be canceled immediately u
• § 9884.6 — (a) It is unlawful for any person to be an automotive repair dealer unless that person has registered in accordance with this chapter and unless that registration is currently valid.
• § 9884.7 — (a) The director, if the automotive repair dealer cannot show there was a bona fide error, may deny, suspend, revoke, or place on probation the registration of an automotive repair dealer for any of t
• § 9884.76 — Notwithstanding Section 9889.
• § 9884.8 — All work done by an automotive repair dealer, including all warranty work, shall be recorded on an invoice and shall describe all service work done and parts supplied.
• § 9884.9 — (a) The automotive repair dealer shall give to the customer a written estimated price for labor and parts necessary for a specific job, except as provided in subdivision (e).
• § 9886 — All fees and revenues collected pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code shall be paid into the State Treasury to t
• § 9886.1 — The director shall report to the Controller at the beginning of each month, for the month preceding, the amount and source of all fees and revenues received by the department pursuant to this chapter
• § 9886.2 — The money in the Vehicle Inspection and Repair Fund necessary for the administration of this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Cod
• § 9886.3 — The fees prescribed by this chapter shall be set by the director in an amount estimated to provide for the administration of this chapter within the limits of the following schedule: (a) The automotiv
• § 9886.4 — All salaries, expenses, or costs incurred or sustained pursuant to this chapter and Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code shall be payable on
• § 9887.1 — The director shall have the authority to issue licenses for official lamp and brake adjusting stations and shall license lamp and brake adjusters.
• § 9887.2 — Each application for a new or renewal license shall be accompanied by a fee of ten dollars ($10) for a new license or five dollars ($5) for a renewal license.
• § 9887.3 — (a) Licenses issued by the director shall not be transferable.
• § 9887.4 — It is unlawful to violate any regulation adopted by the director pursuant to Articles 5, 6, and 7 of this chapter.
• § 9887.5 — This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.
• § 9888.1 — As used in this chapter: (a) “Station” means a lamp adjusting station or a brake adjusting station.
• § 9888.2 — The director shall adopt regulations which prescribe the equipment and other qualifications of any station as a condition to licensing the station as an official station for adjusting lamps or brakes
• § 9888.3 — No person shall operate an “official” lamp or brake adjusting station unless a license therefor has been issued by the director.
• § 9888.4 — An owner of a fleet of three or more vehicles who is not an interstate carrier may be licensed by the director as a licensed station, if the owner complies with the rules and regulations of the bureau
• § 9888.4.1 — This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.
• § 9888.5 — (a) The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servi
• § 9888.6 — (a) A licensee shall issue to the owner or driver of a vehicle a certificate of compliance on a form prescribed by the director if, after conducting an inspection of, and any necessary repair to, the
• § 9889.1 — Any license issued pursuant to Article 6.
• § 9889.10 — After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the applicant with all provisions of the decision
• § 9889.15 — As used in this article, “station,” “licensed station,” and “licensed adjuster” have the same meaning as defined in Article 6 (commencing with Section 9888.
• § 9889.16 — Whenever a licensed adjuster in a licensed station upon an inspection or after an adjustment, made in conformity with the instructions of the bureau, determines that the lamps or the brakes upon any v
• § 9889.19 — The director may charge a fee for lamp and brake adjustment certificates furnished to licensed stations.
• § 9889.19.1 — This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.
• § 9889.2 — The director may deny a license if the applicant or any partner, officer, or director thereof: (a) Fails to meet the qualifications established by the bureau pursuant to Article 6.
• § 9889.20 — Except as otherwise provided in Section 9889.
• § 9889.21 — (a) Any person who violates any provision of Article 6.
• § 9889.22 — The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this ch
• § 9889.3 — The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee or any partner, officer, or director thereof: (a) Violates any section
• § 9889.30 — (a) (1) Subject to subdivision (b), an automotive repair dealer shall not install an unsafe used tire on a motor vehicle for use on a highway, as defined in Section 360 of the Vehicle Code.
• § 9889.4 — A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article.
• § 9889.5 — The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following: (a) Imposing probation upon terms and conditions to be set forth by
• § 9889.50 — The Legislature finds the following: (1) Thousands of California automobile owners each year require repair of their vehicles as a result of collision or other damage.
• § 9889.51 — “Auto body repair shop” means a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed.
• § 9889.52 — An application for registration pursuant to Section 9884 shall designate that the applicant is registering as an auto body repair shop if the applicant intends to perform auto body repair.
• § 9889.53 — A check or draft issued to a repairer pursuant to Section 560 of the Insurance Code shall include the repairer’s registration number or taxpayer identification number.
• § 9889.6 — Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the director.
• § 9889.66 — The form for registration pursuant to Section 9884 shall contain sufficient information to enable the Bureau of Automotive Repair to identify all registrants performing automotive collision repair wor
• § 9889.68 — Any auto insurance company check or draft issued to a repairer pursuant to Insurance Code Section 560 shall include the repairer’s registration number or Tax Payer Identification Number.
• § 9889.7 — The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the dir
• § 9889.8 — All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violat
• § 9889.9 — When any license has been revoked or suspended following a hearing under the provisions of this article, any additional license issued under Article 6.
• § 9998 — This chapter shall apply only to the following: (a) Nonagricultural workers under the federal H-2B visa program established pursuant to Section 101(a)(15)(H)(ii)(b) of the federal Immigration and Nati
• § 9998.1 — The following definitions are applicable to this chapter: (a) “Person” includes any natural person, company, firm, partnership or joint venture, association, corporation, limited liability company, or
• § 9998.1.5 — (a) (1) On and after July 1, 2016, a person acting as a foreign labor contractor shall register with the Labor Commissioner in accordance with the terms and procedures for registration established by
• § 9998.10 — The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing may take assignments of actions on the bonds required under Section 9998.
• § 9998.11 — The Labor Commissioner may adopt regulations or policies and procedures to implement the provisions of this chapter.
• § 9998.12 — (a) The Department of Industrial Relations shall submit to the Legislature, by January 1, 2028, and in compliance with Section 9795 of the Government Code, a study on how to extend foreign labor contr
• § 9998.2 — (a) On and after July 1, 2016, a person who knows or should have known that the person is using the services of a foreign labor contractor to procure foreign workers or employees pursuant to subdivisi
• § 9998.2.5 — (a) A foreign labor contractor shall ascertain and disclose in writing to each foreign worker who is recruited for employment in English and in the primary language of the foreign worker being recruit
• § 9998.3 — No foreign labor contractor shall make, publish, or circulate or cause to be made, published, or circulated, to any person any false, fraudulent, or misleading representation or information concerning
• § 9998.4 — No foreign labor contractor shall recruit for employment or cause any minor who is a foreign worker to be employed.
• § 9998.5 — Any foreign labor contractor who recruits or solicits without a bona fide job order and who induces a foreign worker to be transported to a proposed jobsite and who does not then provide employment fo
• § 9998.6 — A person may not intimidate, threaten, restrain, coerce, discharge, or in any manner discriminate against a foreign worker or a member of his or her family in retaliation for the foreign worker’s exer
• § 9998.7 — No foreign labor contractor shall make promises or otherwise induce a foreign worker to travel or accept promises of employment by promising or providing assurances to the foreign worker that citizens
• § 9998.8 — (a) A person who violates this chapter or who causes or induces another to violate this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or impri