44050-44059

HEALTH AND SAFETY CODE
SECTION 44050-44059




44050.  (a) In addition to or in lieu of any other remedy or
penalty, including, but not limited to, education, training, or an
office conference, the department may issue a citation to a licensee,
contractor, or fleet owner for a violation of the requirements of
this chapter or a regulation adopted pursuant to this chapter. The
citation may contain an order of abatement or the assessment of an
administrative fine, or both.
   (b) An administrative fine issued pursuant to this section shall
be at least one hundred dollars ($100) but not more than five
thousand dollars ($5,000) for each violation. In assessing a fine,
the department shall give due consideration to the appropriateness of
the amount of the fine, including an evaluation of all of the
following:
   (1) The nature, gravity, severity, and seriousness of the
violation.
   (2) The persistence of the violation.
   (3) The good faith or willfulness of the violator.
   (4) The history of previous violations by that violator, including
the commission of numerous and repeated violations.
   (5) The failure to perform work for which money was received.
   (6) The making of any false or misleading statement in order to
induce a person to authorize repair work or pay money.
   (7) The failure to make restitution to consumers affected by the
violation.
   (8) The extent to which the violator has mitigated or attempted to
mitigate any damage or injury caused by the violation.
   (9) The degree of incompetence or negligence in the performance of
duties and responsibilities.
   (10) The purposes and goals of this chapter and other matters as
may be appropriate.
   (c) An order of abatement issued pursuant to this section shall
fix a reasonable time for abatement of the violation. An order of
abatement may require any or all of the following:
   (1) The licensee, contractor, or fleet owner to whom the citation
is issued to demonstrate how future compliance with this chapter, and
regulations adopted pursuant to this chapter, will be accomplished.
This demonstration may include, but is not limited to, submission of
a corrective action plan.
   (2) The smog check technician to successfully complete one or more
retraining courses prescribed by the department pursuant to
subdivision (c) of Section 44031.5, or successfully complete one or
more advanced retraining courses prescribed by the department, or
both.
   (3) The smog check technician to perform no inspection or repair
pursuant to this chapter until training courses prescribed by the
department are successfully completed.
   (d) A citation issued pursuant to this section shall be in writing
and shall describe the nature of the violation and the specific
provision of law determined to have been violated. The citation shall
inform in writing the licensee, contractor, or fleet owner of the
right to request a hearing, as described in Section 44051. If a
hearing is not requested, payment of the administrative fine shall
not constitute an admission of the violation charged. If a hearing is
requested, the department shall provide a hearing in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, except insofar as those provisions
are inconsistent with the provisions of this article. Payment of the
administrative fine shall be due 30 days after the citation was
issued if a hearing is not requested, or when a final order is
entered if a hearing is requested. The department may enforce the
administrative fine as if it were a money judgment pursuant to Title
9 (commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure.
   (e) Failure to comply with an order of abatement or payment of an
administrative fine issued by the department pursuant to this section
is grounds for suspension or revocation of the license, or placing
the licensee on probation.
   (f) The department shall adopt regulations to establish
procedures, including a penalty schedule, for assessing fines or
penalties for violations of a requirement of this chapter or a
regulation adopted pursuant to this chapter.
   (g) Administrative fines collected pursuant to this section shall
be deposited in the High Polluter Repair or Removal Account within
the Vehicle Inspection and Repair Fund.



44051.  (a) If a person cited pursuant to Section 44050 wishes to
contest the citation, that person shall, within 30 days after service
of the citation, file in writing a request for an administrative
hearing to the chief of the bureau or a designee.
   (b) (1) In addition to, or instead of, requesting an
administrative hearing pursuant to subdivision (a), the person cited
pursuant to Section 44050 may, within 30 days after service of the
citation, contest the citation by submitting a written request for an
informal citation conference to the chief of the bureau or a
designee.
   (2) Upon receipt of a written request for an informal citation
conference, the chief of the bureau or a designee shall, within 60
days of the request, hold an informal citation conference with the
person requesting the conference. The cited person may be accompanied
and represented by an attorney or other authorized representative.
   (3) If an informal citation conference is held, the request for an
administrative hearing shall be deemed withdrawn and the chief of
the bureau, or designee, may affirm, modify, or dismiss the citation
at the conclusion of the informal citation conference. If so affirmed
or modified, the citation originally issued shall be considered
withdrawn and an affirmed or modified citation, including reasons for
the decision, shall be issued. The affirmed or modified citation
shall be mailed to the cited person and that person's counsel, if
any, within 10 days of the date of the informal citation conference.
   (4) If a cited person wishes to contest a citation affirmed or
modified pursuant to paragraph (3), the person shall, within 30 days
after service of the modified or affirmed citation, contest the
affirmed or modified citation by submitting a written request for an
administrative hearing to the chief of the bureau or a designee. An
informal citation conference shall not be held on affirmed or
modified citations.



44052.  (a) If a citation lists more than one violation, the amount
of the civil penalty or administrative fine assessed shall be stated
separately for each statute and regulation violated.
   (b) If a citation lists more than one violation arising from a
single motor vehicle inspection or repair, the total penalties
assessed shall not exceed five thousand dollars ($5,000).



44055.  (a) Any failure by an applicant for a license or for the
renewal of a license, or by any partner, officer, or director
thereof, to comply with the final order of the department for the
payment of an administrative fine, or to pay the amount specified in
a settlement executed by the applicant and the Director of the
Department of Consumer Affairs, shall result in denial of a license
or of the renewal of the license. The department shall not allow the
issuance of any certificate of compliance or noncompliance by a
licensee until all civil penalties and administrative fines which
have become final, or amounts agreed to in a settlement, have been
paid by the licensee.
   (b) The department may deny an application for the renewal of a
test station or repair station license if the applicant, or any
partner, officer, or director thereof, has failed to pay any civil
penalty or administrative fine in accordance with this article.



44056.  (a) In addition to an administrative fine pursuant to
Section 44050, any person who violates this chapter, or any order,
rule, or regulation of the department adopted pursuant to this
chapter, is liable for a civil penalty of not more than five thousand
dollars ($5,000) for each day in which each violation occurs. Any
action to recover civil penalties shall be brought by the Attorney
General in the name of the state on behalf of the department, or may
be brought by any district attorney, city attorney, or attorney for a
district. In assessing a civil penalty pursuant to this subdivision,
due consideration shall be given to the factors identified in
subdivision (b) of Section 44050.
   (b) The penalties specified in subdivision (a) do not apply to an
owner or operator of a motor vehicle, except an owner or operator who
does any of the following:
   (1) Obtains, or who attempts to obtain, a certificate of
compliance or noncompliance, a repair cost waiver, or an economic
hardship extension without complying with Section 44015.
   (2) Obtains, or attempts to obtain, a certificate of compliance, a
repair cost waiver, or an economic hardship extension by means of
fraud, including, but not limited to, offering or giving any form of
financial or other inducement to any person for the purpose of
obtaining a certificate of compliance for a vehicle that has not been
tested or has been tested improperly.
   (3) Registers a motor vehicle at an address other than the owner's
or operator's residence address for the purpose of avoiding the
requirements of this chapter.
   (4) Obtains, or attempts to obtain, a certificate of compliance by
other means when required to report to the test-only facility after
being identified as a tampered vehicle or gross polluter pursuant to
Section 44015 or 44081.
   (c) Any person who obtains or attempts to obtain a repair cost
waiver, or economic hardship extension pursuant to this chapter by
falsifying information shall be subject to a civil penalty of not
more than five thousand dollars ($5,000), and shall be made
ineligible for receiving any repair assistance of any kind pursuant
to this chapter.
   (d) Any person who obtains or attempts to obtain a certificate of
compliance pursuant to this chapter by falsifying information shall
be subject to a civil penalty of not more than five thousand dollars
($5,000).


44057.  A continuing violation of any provision of this chapter, or
any order, rule, or regulation of the department adopted pursuant to
this chapter, may be enjoined by the superior court of the county in
which the violation is occurring. The action shall be brought by the
attorney general in the name of the state on behalf of the
department, or may be brought by any district attorney, city
attorney, or attorney for a district. An action brought under this
section shall conform to the requirements of Chapter 3 (commencing
with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure, except that it shall not be necessary to show lack of an
adequate remedy at law or to show irreparable damage or loss.
   In addition, if it is shown that the respondent continues, or
threatens to continue, to violate any provision of this chapter, or
any order, rule, or regulation of the department adopted pursuant to
this chapter, it shall be sufficient proof to warrant the immediate
granting of a temporary restraining order.



44058.  Any person who violates this chapter, or any order, rule, or
regulation of the department adopted pursuant to this chapter, is
guilty of a misdemeanor and shall be punished by a fine of not more
than one thousand dollars ($1,000) or by imprisonment for not more
than six months, or by both, in lieu of the imposition of the civil
penalties.



44059.  The willful making of any false statement or entry with
regard to a material matter in any oath, affidavit, certificate of
compliance or noncompliance, or application form which is required by
this chapter or Chapter 20.3 (commencing with Section 9880) of
Division 3 of the Business and Professions Code, constitutes perjury
and is punishable as provided in the Penal Code.