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§ 3392.3.1. Eligibility/Performance Standards for STAR Certification.

16 CA ADC § 3392.3.1BARCLAYS 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 § 3392.3.1
§ 3392.3.1. Eligibility/Performance Standards for STAR Certification.
(a) A licensed Smog Check test-and-repair or test-only station seeking STAR certification shall submit to the bureau a completed STAR Station Certification Application form (STAR-1 07/1/2012), which is hereby incorporated by reference, and shall, as of the date the application is received by the bureau, meet all of the following eligibility/performance standard requirements. Applications for the STAR program that begins January 1, 2013 may be submitted beginning July 1, 2012.
(1) The station's Similar Vehicle Failure Rate (SVFR) in the most recently completed calendar quarter shall be greater than or equal to 75% of the industry-wide failure rate for similar vehicles, as defined in Section 3340.1.
(2) The station shall have no more than 2% of vehicles tested with Gear Shift Incidents in the most recently completed calendar quarter, as defined in Section 3340.1.
(3) The station shall have an Excessive Test Deviation Rate of no more than one in the most recently completed calendar quarter, as defined in Section 3340.1.
(4) The station shall employ, for the purpose of performing smog check inspections and/or smog check repairs, licensed technicians whose FPR scores are greater than or equal to 0.4 in the most recently completed FPR reporting period.
(A) The station is deemed to employ, for the purpose of performing smog check inspections and/or smog check repairs, a licensed technician if that technician is listed in the station's Technician Information Table(s), as defined in Section 3340.1.
(B) If a station employs, for the purpose of performing smog check inspections and/or smog check repairs, a licensed technician who has not received an FPR score in the most recently completed reporting period, the station may be eligible for STAR certification if the station's FPR score in the most recently completed reporting period is greater than or equal to 0.4 or the station did not receive an FPR score in the most recently completed reporting period and all other eligibility requirements have been met.
(5) A station cannot have received a citation which is final and non-appealable, nor can a station employ a licensed Smog Check technician who has received a citation which is final and non-appealable, within the preceding one-year period from the effective date of the citation 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.
(6) The current or any previous registration or license of the station owner, manager, or licensed Smog Check technicians employed by the station cannot be issued an order of suspension or a probationary order within the preceding three-year period from the effective date of the action. No station owner, officer, manager, licensed Smog Check technician or other employee of the station may currently be subject to an order of suspension or a probationary order.
(7) The station owner, manager, licensed Smog Check technicians, or any other employee of the station may not have been convicted of a crime within the preceding three-year period that is substantially related to the duties of an Automotive Repair Dealer, a licensed Smog Check station, or a licensed Smog Check technician. The station owner, manager, licensed Smog Check technicians, or any other employees of the station may not have been found liable in a civil proceeding, excluding small claims matters, within the preceding three-year period, 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. The station owner, manager, licensed Smog Check technicians, or any other employees of the station may not be 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.
(8) Compliance with all licensure and license posting requirements.
(9) Compliance with all estimate, repair order, invoice and record-keeping requirements.
(10) Physical possession of, and/or electronic access to, all required manuals and publications.
(11) Possession of all required tools and equipment and a verification of their proper working order.
(12) A STAR certified station shall display an exterior sign, directly below the sign described in section 3340.22, which meets the following specifications:
(A) The dimensions of the sign shall be 24 inches wide and 5 1/4 inches high.
(B) The sign shall be made of 0.040-inch aluminum, steel, or plastic.
(C) The bureau shall supply a camera-ready design and content of the sign.
(13) The station may not have had its STAR certification invalidated within the last six months.
(b) A licensed Smog Check test-only or test-and-repair station seeking STAR certification shall be informed, in writing or by electronic mail, of the bureau's decision that the station meets the eligibility requirements for certification or the application is deficient.
Note: Authority cited: Sections 44001.5 and 44014.2, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Section 44014.2, Health and Safety 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 § 3392.3.1, 16 CA ADC § 3392.3.1
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