Section 3392.2 - Eligibility Standards for Star Station Certification(a) A Smog Check test-and-repair or test-only station seeking STAR certification shall submit to the Bureau a completed STAR Station Certification Application on a form prescribed by the Bureau that includes all of the following: (1) The station and ownership types.(2) The station name, street address, phone number, email address, and license number.(3) A statement as to whether any partner, corporate officer, trustee, member, responsible managing employee, inspector or technician has ever been convicted of a crime related to the Smog Check program or Automotive Repair Act.(4) A statement as to whether any partner, corporate officer, trustee, member, responsible managing employee, inspector or technician has ever had any license denied, suspended, revoked, or placed on probation by the Bureau.(5) A statement as to whether any partner, corporate officer, trustee, member, responsible managing employee, inspector or technician has ever been found liable in a civil proceeding for any act or omission related to the license of an Automotive Repair Dealer, Smog Check station, or Smog Check inspector or technician.(6) A statement as to whether any partner, corporate officer, trustee, member, responsible managing employee, inspector or technician has ever been issued a Smog Check citation by the Bureau that became effective within the last year.(7) A certification that if, at any time after becoming certified under the STAR program, the FPR score for any inspector or technician employed by the station drops below the minimum acceptable standard of 0.10, then that inspector or technician will be removed from all of the station's EIS Inspector Information Tables and not allowed to perform Smog Check inspections or repairs at the STAR-certified station until the technician meets the STAR program requirements.(8) Name(s), title(s), and signature(s) of any sole proprietor, partners, corporate officers or members.(9) Date that the form was signed.(b) As of the date the STAR Station Certification Application is received by the Bureau, the Smog Check test-and-repair or test-only station seeking STAR certification shall meet all of the following eligibility requirements. (1) The station shall have performed inspections in the most recently completed calendar quarter to allow for calculation of the following measures: (A) The station's Similar Vehicle Failure Rate (SVFR) in the most recently completed calendar quarter shall be greater than or equal to 50% of the industry-wide failure rate for similar vehicles.(B) The station shall have no more than 2% of vehicles tested with Gear Shift Incidents in the most recently completed calendar quarter.(C) The station shall have an Excessive Test Deviation Rate of no more than one in the most recently completed calendar quarter.(2) The station shall maintain FPR scores as follows:(A) Each Smog Check inspector maintained in the station's Inspector Information Table shall have an FPR score greater than or equal to 0.40 in the most recently completed FPR reporting period.(B) If a Smog Check inspector 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 0.40 and all other eligibility requirements have been met.(3) A station or any Smog Check inspector maintained in the Inspector Information Table by the station shall not have received a citation that: (A) became final and effective within the one-year period preceding the date of application to the STAR program, and(B) was issued for violation of any of the following sections: 44012, 44015 (a) and (b), 44015.5, 44016, 44032, and 44035 (b) of the Health and Safety Code; or 3340.15 (a) and (b), 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.(4) The current or any previous registration or license of the station owner, responsible managing employee, Smog Check repair technician(s) or inspector(s), or other employee of the station, shall not be subject to or have been issued an order of suspension or a probationary order that became effective within the three-year period preceding the date of application to the STAR program.(5) The station owner, including any partner, corporate officer, member, director, trustee, responsible managing employee, Smog Check repair technicians, Smog Check inspectors, or any other employees of the station shall not:(A) have been convicted of a crime that is substantially related to the duties of an automotive repair dealer, a Smog Check station, or a Smog Check repair technician or inspector within the three-year period preceding the date of application to the STAR program;(B) have been 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 within the three-year period preceding the date of application to the STAR program; or(C) 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 Smog Check station, or a Smog Check repair technician or inspector.(6) Compliance with all licensure and license-posting requirements.(7) Compliance with all estimate, repair order, invoice, and record-keeping requirements in accordance with article 7 of this chapter.(8) Physical possession of, and/or electronic access to, all required manuals and publications.(9) Possession of all required tools and equipment, including EIS and OIS equipment, in proper working order.(10) A STAR-certified station shall display an exterior sign, directly below the sign described in section 3340.22, that meets the following specifications:(A) 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 sign shall display the content the Bureau provides.(11) The station shall not have withdrawn its STAR certification within the six-month period preceding the date of application.(c) The Bureau shall notify a Smog Check test-only or test-and-repair station seeking STAR certification, via email or U.S. mail, that the station's application for certification was approved, denied, or deficient.(d) Applicants for STAR certification who are denied for failure to meet the eligibility requirements of section 3392.2(b)(1) shall not reapply prior to the next calendar quarter.Cal. Code Regs. Tit. 16, § 3392.2
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 first paragraph and subsections (d) and (e), new subsections (f) and (g) and amendment of NOTE, 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 subsection (a)(3), subsection renumbering, amendment of newly designated subsections (a)(4)-(5) and amendment of NOTE filed 8-1-2007; operative 8-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 31).
5. Amendment of introductory paragraph filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 44).
6. Repealer of former section 3392.2 and renumbering of former section 3392.3.1 to new section 3392.2, 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.) 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.
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 first paragraph and subsections (d) and (e), new subsections (f) and (g) and amendment of Note, 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 subsection (a)(3), subsection renumbering, amendment of newly designated subsections (a)(4)-(5) and amendment of Note filed 8-1-2007; operative 8-1-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 31).
5. Amendment of introductory paragraph filed 11-1-2011; operative 11-1-2011 pursuant to Government Code section 11343.4(Register 2011, No. 44).
6. Repealer of former section 3392.2 and renumbering of former section 3392.3.1 to new section 3392.2, 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.)