Cal. Code Regs. Tit. 16, § 3395.10 - Grounds for Denial or Revocation of Certification for Providers of Remedial Training for Automotive Repair Dealers

(a) An application for certification as a certified provider of remedial training ("certified provider") pursuant to section 3395.8 or a request to renew a certification may be denied or a certificate revoked for any of the following reasons:

(1) For denial of an application to be certified as a provider, any grounds for denial authorized by Section 480 of the Code;

(2) For revocation of a certified provider's certification, any grounds for discipline set forth in Section 490 of the Code, any substantially related act resulting in disciplinary action against any registration or license issued to a certified provider by the Bureau or any program in the Department, or the State Bar of California or any other substantially related act resulting in disciplinary action against any registration or license issued to a certified provider by any other governmental entity as authorized by Section 141 of the Code;

(3) Noncompliance with any provision in section 3395.8 or 3395.9;

(4) Failure to accurately document student attendance for all training hours;

(5) Providing any false, or misleading information to students, the Department, or Bureau; or,

(6) Any conduct that constitutes fraud as defined in subdivisions (e)(1)-(5) of Section 9884.7 of the Code.

(b) The Bureau shall provide an applicant or certified provider with a written notice of the denial or revocation of the provider certification if the Bureau seeks to deny an application or revoke any certification pursuant to this section. The notice shall include the basis for the denial or revocation, as applicable, and the process and procedure for appealing the denial or revocation according to this section. The applicant or certified provider may submit a written request for reconsideration to the Bureau chief or their designee of either the denial or revocation within 15 days of the date of the Bureau's written notice of such denial or revocation. The written request shall provide the reasons the applicant or certified provider requests a reconsideration of the denial or revocation. In making a request for reconsideration, the applicant or certified provider does not waive the right to appeal under subdivision (c).

(c) Regardless of whether or not the applicant or certified provider requests reconsideration as provided in subdivision (b), an applicant or certified provider may appeal the denial or revocation of a provider certification by requesting an informal hearing under the Administrative Procedure Act (commencing with Section 11445.10 of the Government Code) within 30 days of the date of the Bureau's written notice specified in subdivision (b).

(d) If the denial or revocation notice is withdrawn by the Bureau chief or their designee after the Bureau chief grants a reconsideration, the application shall be deemed approved, or the certification deemed unrestricted. The request for an informal hearing, if any, shall be deemed to be withdrawn.

(e) Providers wishing to reinstate their certification after a period of one year or more from the effective date of the decision revoking the certification or from the date of the denial of a similar request to reinstate the certification shall follow the procedures specified in section 3395.8.

(f) For the purposes of this section, the following definitions apply:

(1) "Disciplinary action" means any form of restriction placed on the license, registration, permit or other indicia of licensure including reproval, suspension, revocation, probation, or any other form of restriction.

(2) "Substantially related" has the meaning set forth in section 3395.2 as it relates to the qualifications, functions, or duties of a certified provider of remedial training.

Notes

Cal. Code Regs. Tit. 16, § 3395.10

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 141, 480, 490, 9882 and 9884.7, Business and Professions Code; and Sections 11445.10, 11445.20 and 11522, Government Code.

1. New section filed 5-31-2023; operative 7/1/2023 (Register 2023, No. 22).