Cal. Code Regs. tit. 16 § 2711

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2711 - Engaging in Business

A person shall be deemed to be a service dealer where such person:

(a) Solicits or advertises the repair or installation of equipment as provided in the Act by telephone directory, newspaper, printed handbill, printed business card, printed poster, or painted or electric sign, or any other method which might lead the customer to believe that he or she repairs or installs such equipment, or

(b) Bills a customer for repair or the installation of equipment as provided in the Act, on his or her own invoice, or

(c) Sells service contracts for the repair of equipment and accepts requests for the repair of such equipment under the service contract, or

(d) Accepts requests for repair or receives equipment for repair, or, as part of a sales transaction, provides for the installation of equipment as provided in the Act, and renders control of such equipment received or transmits such requests for repair or installation to another services dealer, or

(e) Repairs or installs equipment as provided in the Act as an independent contractor. An independent contractor is defined as a person who contracts to do repairs and installations of equipment as defined in the Act and is not an employee of the service dealer.

Cal. Code Regs. Tit. 16, § 2711

1. Amendment filed 10-13-65; effective thirtieth day thereafter (Register 65, No. 19).
2. Amendment of subsections (b), (e) and new subsection (f) filed 10-6-71; new subsection (g) filed 10-7-71; all effective thirtieth day after filing (Register 71, No. 41).
3. Amendment filed 12-7-73; effective thirtieth day thereafter (Register 73, No. 49).
4. Repealer and new subsection (d) and amendment of subsections (e) and (f) filed 6-19-78; effective thirtieth day thereafter (Register 78, No. 25).
5. Renumbering of Section 2705 to Section 2711 and renumbering of former Section 2711 to Section 2753 filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).
6. Amendment filed 1-6-88; operative 2-5-88 (Register 88, No.3).

Note: Additional authority cited: Section 9814, Business and Professions Code. Reference: Section 9801(g), Business and Professions Code.