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§ 3392.5.1. Causes for Invalidation of STAR Station Certification.

16 CA ADC § 3392.5.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 33. Bureau of Automotive Repair
Chapter 1. Automotive Repair Dealers and Official Stations and Adjusters
Article 10. Gold Shield Program
16 CCR § 3392.5.1
§ 3392.5.1. Causes for Invalidation of STAR Station Certification.
This section shall become effective January 1, 2013.
(a) It shall be cause for the bureau to invalidate the certification of a STAR station if any of the following occur:
(1) The STAR station, manager, or any licensed technician employed by the station receives an order of suspension, a probationary order, or a citation that is final and non-appealable for violation of any of the following sections: 44012, 44015 (a) and (b), 44015.5, 44016, and 44032 of the Health and Safety Code; and 3340.15 (a), 3340.16 (a) and (b), 3340.16.5 (a) and (b), 3340.17, 3340.30 (a), 3340.35, 3340.41 (b), 3340.41 (c), 3340.42, 3340.42.2, and 3340.45 of Division 33, Title 16, California Code of Regulations.
(2) The STAR station's Automotive Repair Dealer registration or Smog Check station license expires or otherwise becomes delinquent.
(3)(A) The station owner, manager, licensed Smog Check technicians, or any other employee of the station is convicted of a crime substantially related to the duties of an Automotive Repair Dealer, a licensed Smog Check station, or a licensed Smog Check technician.
(B) The station owner, manager, licensed Smog Check technician, or any other employee of the station is found liable in a civil proceeding, excluding small claims matters, for acts or omissions that are substantially related to the duties of an Automotive Repair Dealer, a licensed Smog Check station, or a licensed Smog Check technician.
(C) The station owner, manager, licensed Smog Check technician, or any other employee of the station begins serving a probationary period as a result of a criminal or civil proceeding substantially related to the duties of an Automotive Repair Dealer, a licensed Smog Check station, or a licensed Smog Check technician.
(4) The STAR station fails to comply with any of the certification criteria specified in Section 3392.3.1 (a)(1)-(3) for two consecutive calendar quarters.
(5) The STAR station continues to employ, for the purpose of performing smog check inspections and/or smog check repairs, a licensed technician whose FPR score in the most recently completed FPR reporting period is less than 0.1. A smog check station may choose to have the bureau automatically remove technicians not meeting this requirement from each of the station's EIS Technician Information Tables.
(6) The STAR station continues to employ, for the purpose of performing smog check inspections and/or smog check repairs, a licensed technician who did not receive an FPR score in the most recently completed reporting period and the station's FPR score in the most recently completed FPR reporting period is less than 0.1.
(7) The STAR station hires, for the purpose of performing smog check inspections and/or smog check repairs, a licensed technician whose FPR score in the most recently completed FPR reporting period is less than 0.4.
(8) The STAR station has an FPR score of less than 0.4 and hires, for the purpose of performing smog check inspections and/or smog check repairs, a licensed technician who did not receive an FPR score in the most recently completed FPR reporting period.
(9) The STAR station fails or is unable to provide applicable services specified in Section 3392.2.1.
(10) The STAR station, if located in a basic or change of ownership area, fails to perform an ASM test and issues a certificate of compliance to a vehicle registered in an enhanced area that is owned by an entity other than a motor vehicle dealer licensed by the Department of Motor Vehicles and located in an enhanced area.
(b) The STAR station may withdraw from the STAR program by providing written notice to the bureau.
(c) If a station's STAR certification is invalidated or the station withdraws from the STAR program, the station may not perform the services pursuant to Section 3392.2.1 (a)(1)-(3) and (b)(1).
Note: Authority cited: Sections 44001.5 and 44014.2, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44014.2 and 44037.1, Health and Safety Code; and Sections 480 and 490, Business and Professions Code.
HISTORY
1. New section filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
This database is current through 9/6/19 Register 2019, No. 36
16 CCR § 3392.5.1, 16 CA ADC § 3392.5.1
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