(a) Should the director deny an application for a standard registration or license pursuant to Sections 480, 9884.7, and 9889.1 through 9889.4 of the Business and Professions Code and 44072.1 of the Health and Safety Code, the director may offer the applicant a probationary registration or license subject to terms and conditions deemed appropriate by the director, pursuant to Section 9884.21 of the Business and Professions Code, by doing the following: (1) Notify the applicant that the application for a standard registration or license is denied. Notification will be made, and the opportunity for hearing provided for, as required under Section 485 of the Business and Professions Code and the Administrative Procedure Act.(2) Offer the applicant a probationary registration or license subject to terms and conditions.(b) The applicant, when offered a probationary registration or license subject to terms and conditions, will have sixty (60) days from the date of service of the notice of denial of the application for a standard registration or license to do either of the following:(1) Indicate acceptance, in writing, of the probationary registration or license and all specified terms and conditions.(2) Reject the offer of a probationary registration or license subject to terms and conditions and request a hearing on the denial of the application for a standard registration or license.(c) If the applicant rejects the offer of a probationary registration or license subject to terms and conditions, and does not request a hearing on the denial of the application for a standard registration or license within sixty (60) days, the applicant's right to each shall be deemed waived.(d) If an applicant accepts the offer of a probationary registration or license subject to terms and conditions within sixty (60) days, any previous or subsequent requests for hearing on the denial of the application for a standard registration or license shall be considered withdrawn.(e) Upon the bureau's timely receipt of written acceptance of the probationary registration or license, the probationary registration or license will be issued subject to terms and conditions, as determined by the director, for up to three (3) years. The standard terms and conditions of probation, as specified by the bureau in the "Guidelines for Disciplinary Orders and Terms of Probation," shall include, but not be limited to the following orders:(1) Supervision requirements.(2) Compliance and quarterly reporting requirements.(f) During the probationary period, the probationary registration or license shall be renewed in accordance with the applicable requirements specified in the Automotive Repair Act and the Health and Safety Code for the applicable standard registration or license.(g) Upon successful completion of the probationary period, and if the registrant or licensee meets all current requirements for registration or licensure as applicable, the bureau shall issue the registration or license without restrictions.(h) The expiration of a probationary registration or license shall not deprive the director to proceed with any investigation or administrative disciplinary proceeding against the probationary registrant or licensee or to render a decision invalidating or revoking the probationary registration or license.Cal. Code Regs. Tit. 16, § 3395.5
1. New section filed 7-28-2016; operative 7-28-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31). Note: Authority cited: Sections 480, 9882, 9884.2, 9884.7, 9884.19, 9889.1, 9889.2, 9889.3 and 9889.4, Business and Professions Code; and Section 44072.1, Health and Safety Code. Reference: Sections 475, 476, 477, 478, 480, 481, 482, 484, 485, 486, 487, 488, 489, 9884.2, 9884.7, 9884.21, 9889.1, 9889.2, 9889.3 and 9889.4, Business and Professions Code; and Section 44072.1, Health and Safety Code.
1. New section filed 7-28-2016; operative 7/28/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).