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§ 225.73. Issuance, Refusal, Suspension, Revocation, Compromise Settlement Agreements, and Auto...

13 CA ADC § 225.73Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 1. Department of Motor Vehicles
Chapter 1. Department of Motor Vehicles
Article 3.6. Vehicle Industry and Business Enterprises
13 CCR § 225.73
§ 225.73. Issuance, Refusal, Suspension, Revocation, Compromise Settlement Agreements, and Automatic Cancellation of a BPA Permit.
Currentness
(a) The department may issue or, for reasonable cause shown, refuse to issue a BPA permit, or may after notice and hearing, suspend or revoke the BPA permit for any violation or cause listed in Sections 225.09, 225.12, 225.15, 225.18, 225.24, 225.30, 225.33, 225.36, 225.39, 225.42, 225.48(a) and (b), 225.51, 225.54, 225.60, 225.63, 225.66(b) and (c), and 225.72 (a) and (b).
(b) The department may refuse to authorize an employee or applicant for employment of a first-line business partner, second-line business partner, or first-line service provider, or may after notice and hearing, suspend or revoke authorization for the employee to have access to the BPA program for any cause under Section 225.18.
(c) Every hearing provided for in this section shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) After the filing of an accusation or statement of issues under these regulations, the director of the Department of Motor Vehicles may enter into a compromise settlement agreement with a BPA permit holder on terms and conditions mutually agreeable to the director, the respondent permit holder, and the complainant, without further hearing or appeal. The compromise settlement agreement may include, but it is not limited to, a period of probation, monetary penalties, or both.
(e) Any compromise settlement agreement may be entered before, during, or after the hearing, is valid only if executed and filed pursuant to subsection (f) below in these regulations before the proposed decision of the hearing officer, if any, is adopted or the case is decided.
(f) Any compromise settlement agreement entered under these regulations shall be signed by the director, the respondent BPA permit holder, and the complainant, or by their authorized representatives.
(g) If the respondent to a compromise settlement agreement fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement between the parties is void and the department may take any action authorized by law, notwithstanding the agreement, including but not limited to, refiling the accusation or statement of issues or imposing discipline or sanctions.
(h) The department may, pending a hearing, temporarily suspend the permit issued to BPA permit holder for not more than 30 days if the director finds that action is required in the public interest. In that case, a hearing shall be held and a decision issued within 30 days after the notice of the temporary suspension.
(i) The department may automatically cancel the BPA permit upon the happening of any of the following:
(1) The abandonment of the established place of business site of the BPA permit holder or change thereof without notice to the department, as provided for by Section 225.42.
(2) Failure of the BPA permit holder to maintain an adequate bond as required by Vehicle Code section 1685(b)(2)(C) and Section 225.09.
(3) The voluntary or involuntarily surrender for any cause by the BPA permit holder, except that the surrender of the BPA permit, cessation of business by the BPA permit holder, or the suspension or revocation of the corporate status of the BPA permit holder, does not preclude the filing of an accusation for revocation or suspension of the surrendered BPA permit under Section 225.73, does not affect the department's decision to suspend or revoke the BPA permit. The department's determination to suspend or revoke the BPA permit may be considered in issuing or refusing to issue any subsequent BPA permit authorized by regulations to that BPA permit holder or to a business representative of that prior licensee.
(4) The suspension or revocation of the corporate status of the BPA permit holder.
(5) Failure to possess a valid occupational license from the department (if applicable).
(j) A BPA permit holder whose permit has been revoked or whose application for a permit was refused may reapply for a BPA permit after not less than one year from the effective date of the decision revoking or denying the permit.

Credits

Note: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Section 11500, Government Code; and Section 1685, Vehicle Code.
History
1. New section filed 12-15-2020; operative 4-1-2021 (Register 2020, No. 51).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 225.73, 13 CA ADC § 225.73
End of Document