All Locations | (818) 538-5572 | (619) 552-2135
[email protected]

California Business License Defense Attorney

We defend licensed businesses in California

California Smog Check Station License Defense Attorney

31 Jul 2017
0

California Bureau of Automotive Repair License Defense Lawyer

The California Bureau of Automotive Repair, known as BAR, licenses Smog Check Stations in the State of California. Most California Smog Check Stations have minimal or no contact with the enforcement arm of the California Bureau of Automotive Repair. For Smog Check Stations who become part of the California Bureau of Automotive Repair’ disciplinary process, the consequences are profound. The Smog Check Station License disciplinary process is complex, procedural and time consuming. Smog Check Stations facing the California Bureau of Automotive Repair disciplinary process should seek legal representation from an experienced California Smog Check Station License Defense Attorney.

California Bureau of Automotive Repair Investigation Defense Lawyer

The majority of California Bureau of Automotive Repair investigations begin with the filing of a consumer Complaint. However, California Bureau of Automotive Repair Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau of Automotive Repair employs non sworn Program Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Smog Check Stations. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Bureau of Automotive Repair disciplinary process. At the conclusion of a California Bureau of Automotive Repair investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau can also choose to refer the matter to the California Attorney General’s Office. The California Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Bureau may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Smog Check Station Licensee facing a California Bureau of Automotive Repair investigation, contact a California Bureau of Automotive Repair License Defense Attorney for representation.

California Smog Check Station License Accusation Defense Attorney

A formal Accusation served on a California Smog Check Station Licensee serves as notice to a Smog Check Station that the Bureau intends to revoke the Smog Check Stations’ License. The Smog Check Station, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Smog Check Station. A Default will result in the immediate Revocation of the Smog Check Stations License.

An Accusation is a serious matter that can result in the suspension or revocation of a Smog Check Station License in California. In many cases, it is possible for Smog Check Stations to reach a Stipulated Agreement with the California Bureau of Automotive Repair. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Smog Check Stations facing a California Bureau of Automotive Repair Accusation should contact an experienced California Smog Check Station License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Smog Check Stations include:

  • Aiding and Abetting Unlicensed Smog Check Inspector
  • Aiding and Abetting Unlicensed Smog Check Station Activity
  • Conduct Constituting Fraud
  • Conduct Constituting Gross Negligence
  • Defacing/Removing Vehicle Identification Information
  • Dishonesty, Fraud or Deceit
  • Failure to Comply With Calibration Requirements
  • Failure to Comply With Emissions Standards
  • Failure to Comply With Smog Check Procedures
  • Failure to Display Identifying Sign
  • Failure to Maintain Testing Equipment
  • Failure to Provide Customer a Copy of Test Report
  • Failure to Retain Records
  • Failure to Stay Open During Operating Hours
  • False or Misleading Statements
  • Improper Advertising
  • Improper Issuance of Compliance Certificate
  • Improper Receipt or Payment of Commissions or Referral Fees
  • Making or Authorizing Any False or Misleading Statement
  • Making False Promises to Influence Customer
  • Subversion of Licensing Exam
  • Untrue or Misleading Statements
  • Willful Departure/Disregard of Accepted Trade Standards

California Smog Check Station License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Bureau of Automotive Repair can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau of Automotive Repair’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Smog Check Station to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Smog Check Station can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Smog Check Stations facing a California Bureau of Automotive Repair Administrative Law Hearing need effective representation from a California Smog Check Station License Defense Lawyer.

California Smog Check Station License and Criminal Convictions

The California Bureau of Automotive Repair can discipline Smog Check Station owners, corporate officers and staff members for criminal convictions. California Bureau of Automotive Repair discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Smog Check Station owner, corporate officer or staff member. Common criminal offenses that can cause Smog Check Station License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Bureau of Automotive Repair and other law enforcement agencies also investigate criminal conduct by Smog Check Station staff members in the course and scope of their trade. Criminal investigations often involve Smog Check Station staff members engaged in Altering Vehicle Registrations, Filing False Documents, Forgery and Perjury. In serious criminal cases against Smog Check Station staff members pending in Criminal Court, the California Bureau of Automotive Repair and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Smog Check Stations’ staff members. A California Penal Code § 23 Order seeks to suspend a Smog Check Station License and bar staff members from facilities in Criminal Court.

Smog Check Station owners, corporate officers, and staff members facing criminal charges and Smog Check Stations who are convicted of criminal offenses need an experienced California Smog Check Station License Defense Attorney for representation in disciplinary proceedings before the California Bureau of Automotive Repair.

California Smog Check Station License Statement of Issues Attorney

The California Bureau of Automotive Repair thoroughly investigates all applicants for Smog Check Station Licenses. The California Bureau of Automotive Repair may deny a California Smog Check Station License for a variety of reasons. Most California Smog Check Station License denials occur due to criminal convictions, financial problems or misstatements on the Smog Check Station License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Smog Check Station License should contact a California Smog Check Station License Denial Lawyer for representation in a California Bureau of Automotive Repair Statement of Issues Hearing.

California Smog Check Station License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Smog Check Stations who have received a Smog Check Station License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Smog Check Station License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau of Automotive Repair. A successful Smog Check Station License Petition for Reinstatement requires representation by an experienced California Smog Check Station License Defense Attorney.

About Post Author

Contact Us