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§ 3392.3. Causes for Suspension of STAR Station Certification.

16 CA ADC § 3392.3Barclays Official California Code of RegulationsEffective: July 1, 2022

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 10. Star Program
Effective: July 1, 2022
16 CCR § 3392.3
§ 3392.3. Causes for Suspension of STAR Station Certification.
Currentness
(a) The Bureau has cause to suspend the certification of a STAR station if any of the following occur:
(1) The STAR station fails to comply with any of the certification criteria specified in section 3392.2(b) for two consecutive calendar quarters.
(2) In the most recently completed FPR reporting period:
(A) The station did not receive a score and it adds an inspector who did not receive a score.
(B) The station employs an inspector who received a score less than 0.10.
(C) The station employs an inspector who did not receive a score and the station's score is less than 0.10.
(D) The station adds an inspector who received a score less than 0.40.
(E) The station's score is less than 0.40 and it adds an inspector who did not receive a score.
(3) The STAR station or any Smog Check inspector maintained in the Inspector Information Table by the station receives a citation, other than a citation containing only an order of abatement, that:
(A) became final and effective, and
(B) was issued for violation of any of the following sections: 44012, 44015(a), 44015(b), 44015.5, 44016, 44032, and 44035(b) of the Health and Safety Code; or 3340.15(a), 3340.15(b), 3340.16(a), 3340.16(b), 3340.16.5(a), 3340.16.5(b), 3340.17, 3340.30(a), 3340.35, 3340.41(b), 3340.41(c), 3340.42, 3340.42.2, and 3340.45 of this chapter.
(4) The license held by the STAR station, responsible managing employee, any Smog Check repair technician, or any Smog Check inspector maintained by the station in the Inspector Information Table receives an order of suspension or a probationary order.
(5) The STAR station owner, including any partner, corporate officer, member, director, trustee, responsible managing employee, Smog Check repair technician, Smog Check inspector, or any other employee of the station:
(A) is convicted of a crime substantially related to the duties of an automotive repair dealer, a Smog Check station, or a Smog Check repair technician or inspector;
(B) 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 Smog Check station, or a Smog Check repair technician or inspector; or
(C) receives a probationary order as a result of a criminal or administrative proceeding substantially related to the duties of an automotive repair dealer, a Smog Check station, or a Smog Check repair technician or inspector.
(6) The STAR station's automotive repair dealer registration or Smog Check station license expires or otherwise becomes delinquent.
(7) The STAR station fails or is unable to provide applicable services specified in section 3392.1.
(8) 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.
(9) The STAR station fails to allow access for, or prevents the Bureau from, conducting a physical inspection of the STAR station to ensure compliance with the requirements established in section 3392.2, subsections (a)(6)-(10).
(b) If the Bureau has cause to suspend the STAR certification of a Smog Check test-only or test-and-repair station, the Bureau shall notify the STAR station, via email or U.S. mail, and the notice shall state the grounds for suspension, including a reference to the applicable statute(s) and/or regulation(s), and the term of suspension.
(c) When the term of suspension ends, the station may resume operation as a STAR-certified station, unless otherwise prohibited.

Credits

Note: Authority cited: Sections 44001.5, 44014.2 and 44014.5, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44014.2, 44014.5 and 44014.6, Health and Safety Code.
History
1. New section filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 4-23-97 order, including amendment of subsections (a), (b)(1), (b)(3) and (b)(5)-(6), transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No. 40).
3. Amendment of section heading, repealer and new section and amendment of Note filed 4-28-2003; operative 5-28-2003 (Register 2003, No. 18).
4. New introductory paragraph filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
5. Repealer of former section 3392.3 and renumbering of former section 3392.5.1 to new section 3392.3, including amendment of section heading, section and Note, filed 5-5-2022; operative 7-1-2022 (Register 2022, No. 18). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)
This database is current through 9/20/24 Register 2024, No. 38.
Cal. Admin. Code tit. 16, § 3392.3, 16 CA ADC § 3392.3
End of Document