(a) In order to participate in the Consumer Assistance Program, the applicant shall meet the requirements pursuant to 3394.4 et seq. and submit, either via the Bureau's Consumer Assistance Program website or via delivery to the Bureau's headquarters office using U.S. mail or personal delivery, a completed application on a form prescribed by the Bureau that provides all the following required information:(1) Program option requested: Vehicle Retirement or Repair Assistance.(2) The following identifying information: (A) The legal name of the applicant/registered owner. The registered owner must apply using their full legal name: (Last Name) (First Name) (Middle Name) and/or (Suffix) and provide the document number from a government issued driver license or identification card.(B) Applicant's mailing address.(C) Applicant's telephone number.(D) Applicant's email address.(E) If there is a joint registered owner, the full legal name of the joint registered owner: (Last Name) (First Name) (Middle Name) and/or (Suffix) and provide the document number from a government issued driver license or identification card.(F) Vehicle information: year, make, model, vehicle identification number, and California license plate number.(G) Income verification: If applying as an income eligible applicant, the number of people, including the applicant, living in the household and the gross household income.(3) A statement signed by the applicant under penalty of perjury acknowledging: (A) The information provided on the application is true and submitting false information may result in a criminal conviction in addition to civil penalties.(B) The information provided on the application will be used to assess and verify the applicant's eligibility for assistance.(C) Upon request, the applicant may be required to provide documentation to the Bureau verifying household income.(D) The applicant's signature gives consent for this information to be shared with other government agencies.(E) If the vehicle does not meet all program eligibility requirements, it will not be allowed into the Consumer Assistance Program.(b) The Consumer Assistance Program application shall also include a Notice on Collection of Personal Information that states the following:(1) Collection and Use of Personal Information: The Bureau of Automotive Repair of the Department of Consumer Affairs collects the personal information requested on this form as authorized by Health and Safety Code sections 44002 and 44094, and California Code of Regulations, title 16, sections 3394.4 and 3394.6. The Bureau of Automotive Repair uses this information principally to identify and evaluate applicants for assistance under the Consumer Assistance Program.(2) Providing Personal Information is Voluntary: You do not have to provide the personal information requested. However, if you do not provide the requested personal information, we may be unable to process your application for assistance.(3) Access to Personal Information: You may review the records maintained by the Bureau of Automotive Repair that contain your personal information, as permitted by the Information Practices Act. See below for contact information.(4) Possible Disclosure of Personal Information: The Bureau of Automotive Repair makes every effort to protect the personal information you provide us. The information you provide, however, may be disclosed in the following circumstances:(A) In response to a Public Records Act (PRA) request (Government Code Section 7920.000 et seq.) as allowed by the Information Practices Act (Civil Code Section 1798 et seq.);(B) To another government agency as required by State or Federal law; or,(C) In response to a court or administrative order, a subpoena, or a search warrant.(5) Contact Information: For questions about this notice or access to your records, you may contact the Bureau of Automotive Repair PRA Unit at 10949 North Mather Boulevard, Rancho Cordova, CA 95670, by phone at (855) 735-0465, or by email at bar.pra@dca.ca.gov. For questions about the Department's Privacy Policy, you may contact the Department of Consumer Affairs at 1625 North Market Boulevard, Sacramento, CA 95834, by phone at (800) 952-5210, or by email at dca@dca.ca.gov.
For questions about the Information Practices Act, you may contact the Office of the Attorney General, California Department of Justice -- Attention: Public Inquiry Unit, PO Box 944255, Sacramento, CA 94244, by phone at (800) 952-5225, or online at www.privacy.ca.gov.
(c) To qualify based on income level, the applicant must certify under penalty of perjury that they have a household income that is less than or equal to two hundred twenty-five percent (225%) of the federal poverty level, as published in the Federal Register by the United States Department of Health and Human Services. Prior to approving the application, the bureau will periodically and randomly require the applicant to provide a copy of one of the following documents, as applicable: (1) A letter from the issuing agency stating that the applicant receives any of the following benefits: (A) Supplemental Security Income (SSI);(B) State Supplemental Payments (SSP);(C) Temporary Assistance for Needy Families (TANF);(D) California Work Opportunity and Responsibility to Kids (Cal-WORKS);(E) General Assistance (GA) or General Relief (GR); or(F) Publicly subsidized medical coverage, such as or Medi-Cal.(2) The applicant's state or federal income tax form (Form 540 or 1040) filed in the most recent tax year; and a paycheck stub reflecting year-to-date earnings, hours worked, and hourly wage of the applicant; or(3) An unemployment, veterans benefits, or disability check issued to the applicant within the last sixty (60) days; or(4) A monthly bank statement issued to the applicant within the last sixty (60) days reflecting direct deposit of Social Security or Public Assistance; or(5) Other documentation satisfactory to the Department.Cal. Code Regs. Tit. 16, § 3394.6
Note: Authority cited: Sections 44001.5, 44002, 44091 and 44094, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014, 44014.2, 44015, 44017, 44017.1, 44062.1, 44092, 44093, 44094 and 44095, Health and Safety Code.
Note: Authority cited: Sections 44001.5, 44002, 44091 and 44094, Health and Safety Code; and Section 9882, Business and Professions Code. Reference: Sections 44001.3, 44005, 44010.5, 44011, 44012, 44014, 44014.2, 44015, 44017, 44017.1, 44062.1, 44092, 44093, 44094 and 44095, Health and Safety Code.
1. Renumbering of former section 3340.9 to section 3394.6, including amendment of section heading, repealer and new section, amendment of Note, and amendment of Form CAP-APP filed 6-26-2000 as an emergency; operative 7-1-2000 (Register 2000, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-30-2000 or emergency language will be repealed by operation of law on the following day.
2. Change without regulatory effect amending subsection (a) and updating Form CAP-APP filed 9-21-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 38).
3. Renumbering of former section 3340.9 to section 3394.6, amendment of section heading, repealer and new section, amendment of Note, and amendment of Form CAP-APP refiled 10-30-2000 as an emergency, including further amendment of Note; operative 10-30-2000 (Register 2000, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-27-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 10-30-2000 order, including further amendment of subsections (a)-(b)(1), repealer of subsections (b)(2)-(6), subsection renumbering, and amendment of Form CAP-APP, transmitted to OAL 2-9-2001 and filed 3-27-2001 (Register 2001, No. 13).
5. Change without regulatory effect amending subsection (a) and form CAP-APP filed 8-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 33).
6. Amendment of subsection (a), new subsection (b)(2)(A)4., subsection renumbering, amendment of CAP/APP form and amendment of Note filed 2-26-2002 as an emergency; operative 2-26-2002 (Register 2002, No. 9). A Certificate of Compliance must be transmitted to OAL by 6-26-2002 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 2-26-2002 order transmitted to OAL 6-13-2002 and filed 7-2-2002 (Register 2002, No. 27).
8. Amendment of subsection (a) and Note and repealer and new form CAP/APP (removed from print and incorporated by reference) filed 7-31-2006; operative 7-31-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 31).
9. Change without regulatory effect repealing and readopting new CAP/APP form (incorporated by reference) and amending subsection (a) filed 11-2-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 44).
10. Change without regulatory effect amending subsections (a) and (b)(1)(A)6. and form PPD 05_046 CAP/APP (incorporated by reference) filed 10-1-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 40).
11. Change without regulatory effect amending subsection (a) filed 8-13-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 33).
12. Amendment of section heading and section filed 7-30-2010 as an emergency; effective 7-30-2010. Emergency regulation shall become operative on the effective date of the Air Resources Board's AB 118 Enhanced Fleet Modernization Program regulations, 13 CCR division 3, chapter 13, sections 2620-2630. A Certificate of Compliance must be transmitted to OAL by 1-26-2011 or emergency language will be repealed by operation of law on the following day (Register 2010, No. 31).
13. Amendment of subsection (a) filed 10-18-2010; operative 11-17-2010 (Register 2010, No. 43).
14. Certificate of Compliance as to 7-30-2010 order, including further amendment of subsection (a), transmitted to OAL 11-30-2010 and filed 1-11-2011 (Register 2011, No. 2).
15. Change without regulatory effect amending subsections (a) and (b)(2) filed 1-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 4).
16. Amendment filed 3-30-2012; operative 4-29-2012 (Register 2012, No. 13).
17. Change without regulatory amending subsection (a) filed 9-25-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).
18. Amendment of subsection (a) filed 8-31-2020 as an emergency; operative 8/31/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (a) refiled 6-4-2021 as an emergency; operative 6/30/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 23). A Certificate of Compliance must be transmitted to OAL by 1-28-2022 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 6-4-2021 order transmitted to OAL 12-9-2021 and filed 1/20/2022 (Register 2022, No. 3).
21. Amendment filed 9-4-2024; operative 1/1/2025 (Register 2024, No. 36).