In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code section 11400 et seq.), including formal hearings conducted by the Office of Administrative Hearings, the Bureau of Automotive Repair shall consider the disciplinary guidelines entitled "Guidelines for Disciplinary Orders and Terms of Probation" [Rev. June 2021] which are hereby incorporated by reference. The "Guidelines for Disciplinary Orders and Terms of Probation" are advisory. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Bureau of Automotive Repair in its sole discretion determines that the facts of the particular case warrant such deviation.
Cal. Code Regs. Tit. 16, § 3395.4
2. Amendment of section and NOTE filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
3. Editorial correction of NOTE (Register 2019, No. 49).
4. Amendment of "Guidelines for Disciplinary Orders and Terms of Probation" (incorporated by reference) and amendment of section filed 2-24-2022; operative 4-1-2022 (Register 2022, No. 8).
Note: Authority cited: Sections 480, 9882, 9884.2, 9884.7, 9884.12, 9889.1, 9889.2, 9889.3 and 9889.4, Business and Professions Code; Section 11400.20, Government Code; and Section 44072.1, Health and Safety Code. Reference: Sections 480, 9884.2, 9884.7, 9884.12, 9889.1, 9889.2, 9889.3 and 9889.4, Business and Professions Code; Sections 11400.20 and 11425.50(e), Government Code; and Section 44072.1, Health and Safety Code.
2. Amendment of section and Note filed 7-28-2016; operative 7/28/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
3. Editorial correction of Note (Register 2019, No. 49).
4. Amendment of "Guidelines for Disciplinary Orders and Terms of Probation" (incorporated by reference) and amendment of section filed 2-24-2022; operative 4/1/2022 (Register 2022, No. 8).