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Guidelines For Disciplinary Penalties And Terms Of Probation - Part 2
IV. PENALTY GUIDELINES
Accusations are filed by the Bureau only in cases it deems serious. The Bureau's emphasis is on disciplining licensees who show a pattern of abuse or willful misconduct in dealing with the public. The following guidelines were formulated for licensees who are found to have committed substantial violations. The Bureau suggests that in cases involving multiple violations, orders for suspension or other discipline run concurrently.
Because the Bureau reserves the filing of a Petition for Interim Suspension Order (ISO) for only the most egregious of cases, the only recommended penalty would be invalidation and revocation of all registrations and licenses. Therefore, in such cases the following guidelines need not be consulted.
Business and Professions Code |
Terms and Conditions of Probation |
| 9884.7 (1)
(a) False and Misleading Statements Min.- 90 day suspension Max. - Revocation |
A |
| (d) Conduct Constituting Fraud
Min. - Revocation, stayed Max. - Revocation |
A |
| (e) Gross Negligence
Min. - 90 day suspension Max. - Revocation |
A |
| (f) Failure to Comply
Min. - 180 day suspension Max. - Revocation |
A |
| (g) Willful Departure
Min. - 90 day suspension Max. - Revocation |
A |
| (h) False Promises
Min. - 180 day suspension Max. - Revocation |
A |
| 9884.8 - Improper Invoice
Min. - 10 day suspension Max. - Revocation |
A |
| 9884.9 - No Written Estimate
Min. - 90 day suspension Max. - Revocation |
A |
| 9884.11 - Failure to Retain Records
Min. - 90 day suspension Max. - Revocation |
A |
| 9889.16 - Licensed Installer Required
Min. - 90 day suspension Max. - Revocation |
A |
|
|
| 44012 - Improper Inspections
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station License |
A & B |
| 44014 - Test and Repair Conducted by
Unqualified/Unlicensed Technician/Station
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license |
A |
| 44014.5(b) - Repairs Performed at a Test-
Only Station
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD, stayed |
A & B |
| 44015 - Improper Issuance
of Certificates of Compliance
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license |
A & B |
| 44017 - Failure to Comply
with Cost Limits
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license |
A & B |
| 44031.5 & 44032 - Test
and Repair by Non- Qualified Technician
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license |
A |
| 44059 - Making Any False
Statement or Entry in Any Certificate of Compliance or TAS
Analyzer
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license |
A & B |
|
|
| 3340.16 & 3340.16.5 - Station Equipment
and Testing Requirements
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license, stayed |
A, B & C |
| 3340.16.6 - Requirement for
Telephone Line
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD, stayed |
A & C |
| 3340.41(a) - Failure to Give
Customer a Copy of Test Report
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD & Station license, stayed |
A & B |
| 3340.41(b) & (c) - Tampering with or
Entering False Information into a Test Analyzer System (TAS)
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD, stayed |
A & B |
| 3340.41(d) - Failing to Follow Proper
Specifications and Procedures for Diagnosis and Repair
Min. - Revocation of ARD & Station license, stayed Max. - Revocation of ARD, stayed |
A, B & C |
| 3360.2 - Ball Joints
Min. - 90 day suspension Max. - Revocation |
A |
| 3361.1 - Automatic Transmission
Min. - 90 day suspension Max. - Revocation |
A |
| 3371 & 3372 - Misleading Advertising
Min. - 180 day suspension Max. - Revocation |
A |
