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Hearing Notice, Licensing and Qualifications for Smog Check Technicians

NOTICE IS HEREBY GIVEN that the Department of Consumer Affairs (DCA), Bureau of Automotive Repair (Bureau) is proposing to take the action described in the Informative Digest. No public hearing has been scheduled. Any interested person, or his or her duly authorized representative, may request, in writing, a public hearing pursuant to subdivision (a) of Section 11346.8 of the Government Code. A request for hearing must be received by the Bureau contact person designated below not less than 15 days prior to the close of the written comment period.

Any interested person, or his or her duly authorized representative, may submit written statements or arguments relevant to the proposed action. Written comments, including those sent by mail, facsimile, or e-mail must be sent to the addresses listed under Contact Person in this Notice. All written comments must be received by the Bureau at its office not later than 5:00 p.m. on August 11, 2008. Comments sent to persons or addresses other than those specified under Contact Person, or received after the date and time specified above, regardless of the manner of transmission, will be included in the record of this proposed regulatory action, but will not be summarized or responded to.

The Bureau, upon its own motion or at the instance of any interested party, may thereafter formally adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text. With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adoption from the person designated in this Notice as contact person and will be mailed to those persons who submit oral or written testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE

Pursuant to the authority vested by Sections 44002, 44013, 44014, 44016, 44031.5, 44034, 44034.1 and 44045.5 of the Health and Safety Code and Sections 163.5 and 9882 of the Business and Professions Code, and to implement, interpret or make specific Sections 44012, 44014, 44015, 44030, 44031.5, 44032, 44034, 44034.1, 44035, 44045.5 and 44045.6 of the Health and Safety Code and Section 1798.17 of the Civil Code as it relates to the Bureau; the Bureau is proposing to adopt the following changes to Article 5.5 of Chapter 1 of Division 33 of Title 16 of the California Code of Regulations:

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Background

The Bureau, located within DCA, is the state agency charged with the administration and implementation of the Smog Check Program (Program). The Program is designed to reduce emissions from mobile sources, such as passenger vehicles and light trucks, by requiring that these vehicles meet specific in-use emissions standards as verified by periodic inspections. To ensure uniform and consistent vehicle testing, the Bureau licenses Smog Check stations and technicians and certifies inspection equipment.

The Licensing Unit’s current information database is being converted to the DCA Application Tracking System and Consumer Affairs System (ATS/CAS). The automated functions of ATS/CAS will require the technician license renewal procedures to be revised.

At present, one form is used to apply for an initial Smog Check Technician license or to renew an existing license, the Application for Smog Check Technician License, form T-6 (10-99). For purposes of license renewal, that form will be replaced with the Technician License Renewal Application, form SMOG TECH 2 (11/07). Since licensees are already required to complete an application for renewal, there will be no significant change. In fact, the new automated renewal application will require less information and eliminate the need to submit documentation with renewal applications.

Proposed Action:

This proposed action also includes a thorough revision of the Application for Smog Check Technician License, form T-6 (10-99). With the revision of the current application [from Application for Smog Check Technician License, form T-6 (10-99) to Application for Initial Smog Check Technician License, form SMOG TECH 1 (11/07)], the change to an automated renewal processing procedure and the addition of the new Technician License Renewal Application, form SMOG TECH 2 (11/07), Section 3340.29 will need to be amended. The amendments will reference and incorporate the new form and delete the current form. The amendments will also incorporate by reference the revised initial application form.

The reference to the $65 examination fee specified in Section 3340.29 will be amended to reflect $45.

Currently, in subsection (f) it states that to renew a license the technician shall pay a $65 examination fee, and successfully complete the appropriate technician examination. The technician is no longer required to take a separate examination in order to renew their license. Therefore, a renewing technician is not required to pay any examination fee and this provision needs to be deleted to eliminate any potential confusion. The technician is required only to submit the renewal application and $20 renewal fee, along with proof of successful completion of the appropriate update course. The examination at the conclusion of the update course replaces the licensing examination for license renewal.

The current provisions of Section 3340.28, which specify that technician training courses must be completed “within the last twelve months,” are inconsistent with the current statutory provision. In 2002, subdivision (e) of Section 44031.5 was amended to change the length of time that certificates of completion issued upon successful completion of Bureau-certified training courses are valid. Previously certificates of completion for Bureau of Automotive Repair certified training courses were valid for one year. These amendments conform to the previous amendment of subdivision (e) of Section 44031.5 which changed the length of time certificates of completion are valid to two years.

Current Regulation

Existing regulations in the California Code of Regulations, Title 16, Division 33, Chapter 1, Article 5.5, are summarized as follows:

1. Section 3340.28 establishes the classifications of Smog Check technician licenses and the qualifications to take the examination for each class of license.
2. Section 3340.29 establishes the Smog Check technician license application, renewal and examination fees, provides procedures for initial and renewal application processes, and incorporated the Smog Check technician license application form.

Effect of Regulatory Action

The proposed action will make the following changes to existing regulation:

1. Amend paragraphs (1), (2), and (3) of subsection (b) of Section 3340.28 to specify that technician training course certificates of completion are valid for two years as provided in Section 44031.5 of the Health and Safety Code. Previously certificates of completion for Bureau of Automotive Repair certified training courses were valid for one year. These amendments conform to the previous amendment of subdivision (e) of Section 44031.5 which changed the length of time certificates of completion are valid to two years.
2. Amend subsection (a) of Section 3340.29, to incorporate by reference a revised license application form for Smog Check technicians. The current application form (Application for Smog Check Technician License, T-6 (10-99)) will be revised and re-titled “Application for Initial Smog Check Technician License, SMOG TECH 1 (11/07).”
3. Amend paragraphs (1), (2), and (3) of subsection (b) of Section 3340.29, to provide that the fee for the Smog Check technician’s examination shall be $45.
4. Amend paragraph (1) of subsection (d) of Section 3340.29 by removing the reference to renewal of a technician’s license.
5. Amend Section 3340.42 of Article 5.5 of Chapter 1, Division 33, Title 16, California Code of Regulations, as follows:
   1. The requirements to submit appropriate documents and to use the Application for Smog Check Technician License, T-6 (10-99), in order to renew a Smog Check technician’s license, have been deleted. The deleted application form has been replaced with the Technician License Renewal Application, SMOG TECH 2 (11/07), which is also incorporated by reference.
   2. The requirement of paying an examination fee and successfully completing an appropriate examination in order to renew a technician’s license has been deleted.

INCORPORATION BY REFERENCE

The incorporation by reference in Section 3340.29 of the Application for Initial Smog Check Technician License, form SMOG TECH 1 (11/07) and the Technician License Renewal Application, form SMOG TECH 2 (11/07), is appropriate because to publish or print these forms in the CCR, in the text of a regulation, would be cumbersome, impractical and unnecessary. To describe the forms in the regulation would require several pages of text, which would unnecessarily expand the CCR. Form SMOG TECH 1 (11/07) alone consists of four full pages. Establishing the form and content of these applications is accomplished more simply and directly by incorporating the forms by reference.

The initial license application form, Application for Initial Smog Check Technician License, form SMOG TECH 1 (11/07) is currently available online through the Bureau’s Web site at www.smogcheck.ca.gov. Current licensees will automatically receive the Technician License Renewal Application, form SMOG TECH 2 (11/06) as a part of their license renewal notice mailed to them approximately 150 days prior to the expiration of their licenses. There is no need to describe or print this form in the regulation since it will be routinely provided when required, together with all the necessary instructions, notices and information.

FISCAL IMPACT ESTIMATES

Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State:

None.

Nondiscretionary Costs/Savings to Local Agencies:

None.

Local Mandate:

None.

Costs to Any Local Agency or School district for Which Government code Section 17561 Requires Reimbursement:

None.

Businesses Impact:

The Bureau has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states.

The following studies/relevant data were relied upon in making the above determination:

The proposed action does not impose any requirement upon or require any action by any business. There is no reporting or recordkeeping requirement mandated, nor are there any performance standards imposed, technologies or equipment specified, nor specific actions or procedures prescribed.

Impact on Jobs/New Businesses:

The Bureau has determined that this regulatory proposal will not have any impact on the creation of jobs or new businesses, the elimination of jobs or existing businesses, or the expansion of businesses in the State of California.

Cost Impact on Representative Private Person or Business:

The Bureau is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

Effect on Housing Costs:

None.

Effect on Small Business:

These regulations will not have any adverse economic impact on businesses. This initial determination is based on the following facts or evidence/documents/testimony:

The proposed action does not impose any requirement upon or require any action by any business. There is no reporting or recordkeeping requirement mandated, nor are there any performance standards imposed, technologies or equipment specified, nor specific actions or procedures prescribed.

CONSIDERATION OF ALTERNATIVES

The Bureau must determine that no reasonable alternative which it considered or that has otherwise been identified and brought to its attention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposal described in this Notice.

Any interested person may present statements or arguments orally or in writing relevant to the above determinations at the above-mentioned hearing.

INITIAL STATEMENT OF REASONS AND INFORMATION

The Bureau has prepared an initial statement of reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL

Copies of the exact language of the proposed regulations and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Bureau at 10240 Systems Parkway, Sacramento, California 95827.

AVAILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS

All the information upon which the proposed regulations are based is contained in the rulemaking file that is available for public inspection by contacting the Bureau at the address mentioned above.

You may obtain a copy of the final statement of reasons once it has been prepared, by making a written request to the contact person named below or by accessing the website listed below.

CONTACT PERSON

Inquiries or comments concerning the proposed administrative action may be addressed to:

Virginia Vu
Bureau of Automotive Repair
10240 Systems Parkway
Sacramento, CA 95827
Telephone: (916) 255-2135
Fax No.: (916) 255-1369
E-mail: Virginia_vu@dca.ca.gov

The backup contact person is:

Kathy Runkle
Bureau of Automotive Repair
10240 Systems Parkway
Sacramento, CA 95827
Telephone: (916) 255-3460
Fax No.: (916) 255-1369
E-mail: kathy_runkle@dca.ca.gov

WEBSITE ACCESS

Materials regarding this proposal can also be found on the Bureau’s website at www.smogcheck.ca.gov.