Section 3395.8 - Application and Petition Requirements for Remedial Training Providers for Automotive Repair Dealers; Renewal(a) Any person ("applicant") seeking Bureau certification to provide remedial training as authorized by section 9884.7(d) of the Code shall submit a completed application which includes all of the following: (1) The following applicant identifying information:(B) Applicant's active State Bar of California license number and expiration date;(C) Social Security number;(F) Telephone number; and(G) Email address, if any.(2) Whether the applicant is serving or has previously served in the United States military.(3) Whether the applicant is an honorably discharged member of the United States Armed Forces. If the applicant affirmatively states they meet this criterion, they shall provide the following documentation along with the application to receive expedited review: a certificate of release or discharge from active duty (DD-214) or other documentary evidence showing the date and type of discharge.(4) Whether the applicant was admitted to the United States as a refugee, has been granted asylum by the Secretary of Homeland Security or the Attorney General of the United States, or has a special immigrant visa (SIV). If the applicant affirmatively states they meet any of these criteria, they shall provide the applicable documentation below with the application to receive expedited review: (A) Form I-94, arrival/departure record, with an admission class code such as "RE" (refugee) or "AY" (asylee) or other information designating the person a refugee or asylee;(B) Special Immigrant Visa that includes the "SI" or "SQ";(C) Permanent Resident Card (Form I-551), commonly known as a "green card," with a category designation indicating that the person was admitted as a refugee or asylee; or,(D) an order from a court of competent jurisdiction or other documentary evidence that provides reasonable assurances to the Bureau that the applicant qualifies for expedited licensure per Section 135.4 of the Code.(5) Whether the applicant has ever been convicted of any crime or offense for which a license may be denied pursuant to section 480 of the Code.(6) Applicants are required to disclose convictions under California Health and Safety Code sections 11357(b), (c), (d), (e), and section 11360(b) which are less than two years old.(7) Whether the applicant has ever had a license, registration, or certification that was formally disciplined by a licensing board in or outside of California, including the Bureau, or any program in the Department of Consumer Affairs (Department) or the State Bar of California. "Discipline" for purposes of this section includes reproval, suspension, revocation, probation or any other form of restriction placed on the license, registration, or certification.(8) If the applicant answers affirmatively to any of the items in subdivisions (a)(5) or (a)(7), the applicant shall provide a written statement explaining the details regarding any criminal conviction or disciplinary action. For criminal convictions, the statement shall include: the date and place of arrest, name of the court, court case number, code section violated, brief explanation of the offense, and the sentence imposed. For discipline, the written statement shall include the date and nature of the disciplinary action, name and location of the public agency, and the fine or sentence imposed.(9) A course outline and course description for the remedial training course that consists of, at a minimum, all of the following: (A) All of the subjects listed in section 3395.7(a) and the specific content areas to be taught for each subject. The course description shall describe: (i) The subject matter of the course;(ii) The remedial education objectives of the course; and(iii) How the course content is designed to meet those educational objectives.(B) The method of instruction for the course offered. Teaching methods for each course shall describe any lecture, seminar, audiovisual, online interactive, or any other instruction method.(C) An explanation of how the proposed course will measure student participation, interaction, and attendance, for example, participant attendance reports by instructors, in-content quizzes, participant polls, real time participant video requirements, and records of participant log in and log out times. The explanation shall also include how the applicant will ensure attendance is recorded accurately.(10) A certification by the applicant under penalty of perjury under the laws of the State of California that all statements made in the application and all documents provided by the applicant to the Bureau in support of the application are true and correct.(b) The Bureau will notify the applicant in writing within 60 days of the date of submission whether their application is approved or denied. If denied, the denial shall include the reasons for the denial, and notification that the applicant must submit a new application to obtain Bureau certification as a certified provider. Upon the Bureau's approval, an applicant shall become a certified provider and be issued a certification if no grounds for denial exist as provided in section 3395.10. The certification shall be valid for five years from the date of issuance and shall expire unless renewed prior to the expiration date of the certification as provided in this section. After a certificate has expired, the certificate is automatically cancelled and the provider must apply as a new applicant in accordance with this section if they seek to again offer remedial training as a Bureau certified provider.(c) The abandonment date for an application that has been returned to the applicant as incomplete shall be 12 months from the date of returning the application in accordance with Section 142 of the Code. An applicant who abandons an application must submit a new application to obtain Bureau certification as a certified provider.(d) To renew a certification, the certified provider shall submit a course outline and course description as specified in subdivision (a)(9) for Bureau review and approval at least 60 days prior to their certification expiration date. Bureau approval of the outline and description is a requirement for renewal of the certification. The Bureau will notify the certified provider in writing within 60 days of the date of submission whether their renewal is approved or denied. The denial shall include the reasons for the denial, and an explanation of the process for appealing or requesting reconsideration in accordance with section 3395.10. A certified provider who is denied renewal must submit a new application to obtain Bureau certification as a certified provider.(e) Certified providers may voluntarily surrender their certification by notifying the Bureau in writing of the request and receiving written notice from the Bureau chief or their designee that the Bureau chief has consented to the surrender. (1) A request for consent to surrender a certification shall include all of the following: their certified provider name, the Bureau-issued provider certification number, the certified provider's physical and mailing addresses, and the reason(s) why the certified provider seeks to surrender their certification. The Bureau chief or their designee reserves the right to evaluate the certified provider's request and to exercise their discretion whether or not to grant the request, or to take any other action deemed appropriate and reasonable under the circumstances, including initiation or continuance of disciplinary action as authorized by Section 118 of the Code.(2) Within 15 days of the date of the Bureau chief's written notice of consent to the surrender, the certified provider shall no longer provide remedial training as authorized by this section. Certified providers who voluntarily surrender their certification shall reapply as a new applicant in accordance with this section if they seek to offer remedial training as a Bureau certified provider.(f) A previously certified provider ("petitioner") shall wait one year from the effective date of a revocation decision or the denial date of a previous petition to petition for reinstatement of a certification. A petitioner shall submit to the Bureau chief or their designee a petition that includes all of the following: (1) All of the items required in subdivision (a)(1) through (9) of this section;(2) Any documents or evidence of rehabilitation the petitioner would like the Bureau chief to consider as provided in section 3395; and,(3) Any written arguments the petitioner supporting the request for reinstatement.(g) A certified provider shall notify the Bureau in writing of any changes to the information submitted to the Bureau under subdivisions (a)(1)-(2) and (a)(5)-(7) within 60 days of the date of making any changes, or receiving notice of any change in the case of criminal conviction or disciplinary matters referenced in subdivisions (a)(5) and (a)(7).Cal. Code Regs. Tit. 16, § 3395.8
1. New section filed 5-31-2023; operative 7-1-2023 (Register 2023, No. 22). Note: Authority cited: Sections 9882 and 9884.7, Business and Professions Code. Reference: Sections 30, 31, 114.5, 115.4, 118, 135.4, 142, 163.5, 480, 9882, 9884 and 9884.7, Business and Professions Code; Section 11522, Government Code; and Section 11361.5, Health and Safety Code.
1. New section filed 5-31-2023; operative 7/1/2023 (Register 2023, No. 22).