Section 3354 - Additional Authorization(a) Exceeding Original Estimate. Except as provided in subsection (c), before any additional diagnosis or repair is commenced, and before any additional charges accrue for labor or parts in excess of the original estimated and authorized price, the automotive repair dealer shall:(1) give the customer an estimate that describes all additional parts and labor, provides the cost of all additional parts and labor, and provides a total revised cost; and(2) obtain customer authorization and record the authorization as specified in sections 3353.1 and 3356 of this Article and section 9884.9 of the Business and Professions Code.(b) Revising an Itemized Work Order. If the customer has authorized repairs according to a work order on which parts and labor are itemized, the automotive repair dealer shall not change the method of repair or parts supplied without written, oral, or electronic authorization from the customer. The authorization from the customer shall be recorded as provided in section 3353.1 and section 9884.9 of the Business and Professions Code.(c) Designation of Person to Authorize Additional Diagnosis, Repair, or Parts. When a customer, pursuant to subdivision (d) of section 9884.9 of the Business and Professions Code, designates another person to authorize repairs not estimated or parts not included in the estimate given to the customer, all of the following shall apply: (1) The designation may be either a separate form or incorporated into the automotive repair dealer's work order and must include, at a minimum, all of the following: (A) The following title: "DESIGNATION OF PERSON TO AUTHORIZE ADDITIONAL DIAGNOSIS, REPAIR, OR PARTS.";(B) The following statement: "I hereby designate the individual named below to authorize any additional work not specified or parts not included in the original estimate for parts and labor.";(C) The name of the designee;(D) The contact information for the designee;(E) The customer's signature;(F) The date of signing; and(G) The work order number.(2) The automotive repair dealer shall not accept from the customer the designation of any person or entity not eligible to be a designee under subdivision (d) of section 9884.9 of the Business and Professions Code. Ineligible designees include the automotive repair dealer providing repair services, an insurer involved in a claim that includes the motor vehicle being repaired, and any employees, agents, and persons acting on behalf of the automotive repair dealer or insurer.(3) The completed and signed designation form shall be distributed as follows: (A) A copy of the form shall be given to the customer with the customer's copy of the work order as soon as the customer signs it as required by paragraph (3) of subdivision (a) of section 9884.7 of the Business and Professions Code.(B) The original shall be retained with the automotive repair dealer's copy of the work order, if not incorporated therein, pursuant to section 9884.11 of the Business and Professions Code and section 3358.(4) An automotive repair dealer may accept authorization for additional work from either the customer or the customer's designee.(5) When authorization for additional work or parts not estimated is obtained from a customer's designee, it shall be obtained and recorded in compliance with subsection (a) of this section before any additional work not included in the original estimate is done, parts not estimated are supplied, or costs accrue to the customer.Cal. Code Regs. Tit. 16, § 3354
1. New section filed 9-13-2018; operative 9-13-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 37). For prior history, see Register 82, No. 44. Note: Authority cited: Sections 9882 and 9884.9, Business and Professions Code. Reference: Sections 9884.8 and 9884.9, Business and Professions Code.
1. New section filed 9-13-2018; operative 9/13/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 37). For prior history, see Register 82, No. 44.