§ 3395.8. Application and Petition Requirements for Remedial Training Providers for Automotive ...
16 CA ADC § 3395.8Barclays Official California Code of RegulationsEffective: July 1, 2023
Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 33. Bureau of Automotive Repair
Chapter 1. Automotive Repair Dealers and Official Stations and Adjusters
Article 12.5. Remedial Training for Automotive Repair Dealers and Course Provider Certification Program
Effective: July 1, 2023
16 CCR § 3395.8
§ 3395.8. Application and Petition Requirements for Remedial Training Providers for Automotive Repair Dealers; Renewal.
(3) 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 along with the application to receive expedited review: a certificate of release or discharge from active duty (DD-214) or other documentary evidence showing the date and type of discharge.
(4) 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 the applicable documentation below with the application to receive expedited review:
(7) Whether 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 (Department) or the State Bar of California. “Discipline” for purposes of this section includes reproval, suspension, revocation, probation or any other form of restriction placed on the license, registration, or certification.
(8) If the applicant answers affirmatively to any of the items in subdivisions (a)(5) or (a)(7), the applicant shall provide a written statement explaining the details regarding any criminal conviction or disciplinary action. For criminal convictions, the statement shall include: the date and place of arrest, name of the court, court case number, code section violated, brief explanation of the offense, and the sentence imposed. For discipline, the written statement shall include the date and nature of the disciplinary action, name and location of the public agency, and the fine or sentence imposed.
(C) An explanation of how the proposed course will measure student participation, interaction, and attendance, for example, participant attendance reports by instructors, in-content quizzes, participant polls, real time participant video requirements, and records of participant log in and log out times. The explanation shall also include how the applicant will ensure attendance is recorded accurately.
(b) The Bureau will notify the applicant in writing within 60 days of the date of submission whether their application is approved or denied. If denied, the denial shall include the reasons for the denial, and notification that the applicant must submit a new application to obtain Bureau certification as a certified provider. Upon the Bureau's approval, an applicant shall become a certified provider and be issued a certification if no grounds for denial exist as provided in section 3395.10. The certification shall be valid for five years from the date of issuance and shall expire unless renewed prior to the expiration date of the certification as provided in this section. After a certificate has expired, the certificate is automatically cancelled and the provider must apply as a new applicant in accordance with this section if they seek to again offer remedial training as a Bureau certified provider.
(c) 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 certification as a certified provider.
(d) To renew a certification, the certified provider shall submit a course outline and course description as specified in subdivision (a)(9) for Bureau review and approval at least 60 days prior to their certification expiration date. Bureau approval of the outline and description is a requirement for renewal of the certification. The Bureau will notify the certified provider in writing within 60 days of the date of submission whether their renewal is approved or denied. The denial shall include the reasons for the denial, and an explanation of the process for appealing or requesting reconsideration in accordance with section 3395.10. A certified provider who is denied renewal must submit a new application to obtain Bureau certification as a certified provider.
(1) A request for consent to surrender a certification shall include all of the following: their certified provider name, the Bureau-issued provider certification number, the certified provider's physical and mailing addresses, and the reason(s) why the certified provider seeks to surrender their certification. The Bureau chief or their designee reserves the right to evaluate the certified provider's request and to exercise their discretion whether or not to grant the request, or to take any other action deemed appropriate and reasonable under the circumstances, including initiation or continuance of disciplinary action as authorized by Section 118 of the Code.
(2) Within 15 days of the date of the Bureau chief's written notice of consent to the surrender, the certified provider shall no longer provide remedial training as authorized by this section. Certified providers who voluntarily surrender their certification shall reapply as a new applicant in accordance with this section if they seek to offer remedial training as a Bureau certified provider.
(f) A previously certified provider (“petitioner”) shall wait one year from the effective date of a revocation decision or the denial date of a previous petition to petition for reinstatement of a certification. A petitioner shall submit to the Bureau chief or their designee a petition that includes all of the following:
(g) A certified provider shall notify the Bureau in writing of any changes to the information submitted to the Bureau under subdivisions (a)(1)-(2) and (a)(5)-(7) within 60 days of the date of making any changes, or receiving notice of any change in the case of criminal conviction or disciplinary matters referenced in subdivisions (a)(5) and (a)(7).
Credits
Note: Authority cited: Sections 9882 and 9884.7, Business and Professions Code. Reference: Sections 30, 31, 114.5, 115.4, 118, 135.4, 142, 163.5, 480, 9882, 9884 and 9884.7, Business and Professions Code; Section 11522, Government Code; and Section 11361.5, Health and Safety Code.
History
1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 16, § 3395.8, 16 CA ADC § 3395.8
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