The California Bureau of Automotive Repair (also known as “BAR”) falls within the auspices of the CA Department of Consumer Affairs. The “BAR” oversees California’s Smog Test Centers and Shops as well as other automotive repair shops. The BAR conducts random inspections of such shops as well as handles complaints against such shops. If the BAR believes a governing rule or regulation has been violated (for example Smog Tests procedures are found with the BAR’s own Smog Check Inspection Procedures Manual as well as the CA Health and Safety Code), then the BAR will seek to issue a citation and/or suspend or revoke a license.
Even the issuance of a citation against a Smog Test facility can have serious consequences. For example, a citation may lead to a Smog Test facility’s STAR Certification being revoked (see CA Code of Regulations Section 3392.5.1(a)(1)). Fortunately, any facility or individual who receives a citation or worse from the Bureau of Automotive Repair is entitled to contest that proposed citation or other discipline. Typically, the BAR allows the person a choice between an informal hearing or a more formal administrative hearing before an administrative law judge under the CA Administrative Procedures Act (CA Government Code section 11500 – 11529).
If you are Smog Test facility or other automotive repair shop and receive even a citation from the Bureau of Automotive Repair, you should contact an experienced administrative law defense attorney like Jonathan Turner. Mr. Turner has experience in dealing with all of California’s licensing agencies including the Bureau of Automotive Repair. Mr. Turner has been handling administrative hearings all over California since 1998. The Bureau of Automotive Repair in such matters will likely be represented by the CA Attorney General’s Office, thus it is vital that you and your automotive repair or smog test facility be represented by an experienced attorney and advocate of your own.
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