Accusation: Bureau of Automotive Repair License Defense
An Accusation is a formal written statement detailing the statutory and regulatory violations upon which the Bureau of Automotive Repair is requesting to revoke a license. The Accusation (click here for an example on page 7) serves as a pleading and is the first document filed in license revocation proceedings. Once an Accusation is served the licensee has limited time to file a Notice of Defense to preserve their right to a formal administrative hearing. Failure to file a timely Notice of Defense is construed as a waiver of the licensee’s right to a hearing and may lead to a default decision revoking the license.
Authority to Revoke a BAR License
Every Accusation contains citations to statutory authority for the Bureau of Automotive Repair’s ability to revoke the license and specific regulations allegedly violated. The common citation for the BAR’s authority to revoke an Automotive Repair Dealer’s license is as follows:
Business and Professions Code 9884.7
“(a) The director, where the automotive repair dealer cannot
show there was a bona fide error, may deny, suspend, revoke, or
place on probation the registration of an automotive repair dealer
for any of the following acts or omissions related to the conduct of
the business of the automotive repair dealer, which are done by the
automotive repair dealer or any automotive technician, employee,
partner, officer, or member of the automotive repair dealer.
(1) Making or authorizing in any manner or by any means whatever
any statement written or oral which is untrue or misleading, and
which is known, or which by the exercise of reasonable care should be
known, to be untrue or misleading.
(2) Causing or allowing a customer to sign any work order that
does not state the repairs requested by the customer or the
automobile’s odometer reading at the time of repair.
(3) Failing or refusing to give to a customer a copy of any
document requiring his or her signature, as soon as the customer
signs the document.
(4) Any other conduct that constitutes fraud.
(5) Conduct constituting gross negligence.
(6) Failure in any material respect to comply with the provisions
of this chapter or regulations adopted pursuant to it.
(7) Any willful departure from or disregard of accepted trade
standards for good and workmanlike repair in any material respect,
which is prejudicial to another without consent of the owner or his
or her duly authorized representative.
(8) Making false promises of a character likely to influence,
persuade, or induce a customer to authorize the repair, service, or
maintenance of automobiles.
(9) Having repair work done by someone other than the dealer or
his or her employees without the knowledge or consent of the customer
unless the dealer can demonstrate that the customer could not
reasonably have been notified.
(10) Conviction of a violation of Section 551 of the Penal Code.
Upon denying a registration, the director shall notify the
applicant thereof, in writing, by personal service or mail addressed
to the address of the applicant set forth in the application, and the
applicant shall be given a hearing under Section 9884.12 if, within
30 days thereafter, he or she files with the bureau a written request
for hearing, otherwise the denial is deemed affirmed.”