BAR’s enforcement process: Protecting consumers and supporting licensees

BAR protects California consumers through effective oversight of the automotive repair industry. Our enforcement process helps us meet this mission by working to:

  • Protect consumers from unethical or illegal practices

  • Educate licensees on the Automotive Repair Act and related laws and regulations

  • Support public trust through consistent and transparent enforcement

How the process begins

The enforcement process usually begins in one of the following ways:

  • Consumer complaints: We mediate complaints between consumers and auto shops. During this process, we help both parties reach an agreeable resolution. We also review the shop's compliance with the law. If we identify serious issues, we may open a separate investigation. This allows us to review the shop's business practices and take action as needed.

  • Proactive monitoring: We may also identify issues during routine inspections, audits, or compliance reviews.

Our approach

We use a progressive approach to enforcement. This approach starts with education when possible and moves to other action as needed to protect consumers.

Education

For minor or some first-time compliance issues, we focus on education. We explain the law, help licensees correct issues, and support them in staying compliant.

Education tools include:

  • Write It Right presentations: Training on documentation, authorization, and best practices

  • Proactive conferences: Informal meetings to discuss and correct compliance issues

  • Office conferences: Formal meetings to document and correct compliance issues

Citations

For continued or more serious compliance issues, we may issue a citation. This corrective tool allows licensees to address problems and understand requirements.

Common reasons for a citation include:

  • Not meeting estimate, invoice, and authorization requirements

  • Not following accepted trade standards

  • Not producing required records

  • Not following Smog Check Program requirements

A citation may include an order of abatement or fine. Once final, citation information is posted on BAR's website. This helps consumers make an informed decision when choosing an auto shop.

Options for licensees:

  • Correct the issue and pay the fine, if applicable.

  • Complete remedial training: Remedial training helps automotive repair dealers understand the laws and regulations. Choosing this option keeps the citation off BAR’s website.

    • Remedial training is only available for certain violations of the Automotive Repair Act.

    • It does not apply to Smog Check or unlicensed activity citations.

    • It is also not available for fraud or gross negligence violations.

    • An automotive repair dealer can complete remedial training once every 18 months.

    • Payment of any fine is still required.

  • Request an informal citation review: Automotive repair dealers may request review by the Citation Review Panel. Smog Check and unlicensed activity citations may be reviewed by the Bureau Chief or designee. The citation may be affirmed, modified, or dismissed.

  • Appeal the citation and request a formal hearing: An administrative law judge reviews the citation and issues a written decision. They may uphold, modify, or dismiss the citation.

Formal discipline

For serious or repeated violations—such as fraud—we may pursue formal discipline. This process follows the Administrative Procedures Act.

The process includes:

  • Investigation: BAR collects and reviews facts to determine whether a violation occurred.

  • Accusation: BAR refers the case to the Office of Attorney General to file an accusation. The accusation includes the allegations, violations, and proposed disciplinary action. It also provides the licensee information on their hearing and defense options.

  • Licensee response: The licensee has 15 days to file a notice of defense and request a hearing. If the licensee does not file a notice, they waive their right to a hearing. The Department of Consumer Affairs (DCA) may then issue a default decision and order.

  • Administrative hearing: If a notice of defense is filed, the case goes to a hearing before an administrative law judge. Both sides may present testimony, documents, and witness evidence.

  • Decision: The administrative law judge issues a proposed decision within 30 days. The DCA Director then issues the final decision.

A case may be settled at any time before the final decision. Settlements are public record and have the same effect as a hearing decision.

Disciplinary outcomes

Disciplinary decisions may include:

  • Revocation: The license is revoked. The business or individual may not perform licensed activities.

  • Suspension: The license is suspended. The business or individual may not perform licensed activities for a period of time.

  • Probation: The licensee may perform licensed activities but must meet specific terms. Terms may include:

    • Paying investigation and enforcement costs

    • Providing restitution to consumers

    • Restrictions on certain repairs

    • Training

    • Supervision

Unlicensed activity

We take action to protect consumers from unlicensed activity and gain license compliance.

Actions may include:

  • Citation and order of abatement: A formal order to stop all activity and get licensed. If the activity continues, we may also issue a citation and order of abatement with a fine up to $5,000.

  • Civil injunction: A court order requiring the unlicensed activity to stop. Continued activity may lead to court penalties or fines.

  • Criminal prosecution: Used in more serious cases when other measures are unsuccessful.

Public information

Resources