California Health and Safety Code

§ 44031.5

HSC § 44031.5 Effective Jan 1, 2003Div. 26 · Part 5 · Ch. 5 · Art. 3

Statute text

(a)No smog check technician may perform tests or make repairs required by this chapter, for compensation, unless qualified by the department for the class and category of vehicle being tested or repaired. To qualify, smog check technicians shall pass a qualification test administered by the department, in addition to meeting prerequisite minimum experience and training criteria established by the department, pursuant to Section 44045.5. Passage of the qualification test shall, and training may, also be required upon each biennial renewal of the smog check technician’s license.

(b)The department shall prescribe training and periodic retraining courses for licensed smog check technicians pursuant to Section 44045.6.

(c)Whenever the department determines, through investigation, that a previously qualified smog check technician may lack the skills to reliably and accurately perform the test or repair functions within the required qualification, the department may prescribe for the technician one or more retraining courses which have been certified by the department. The smog check technician may request and be granted a hearing, pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, on the department’s determination. The request for a hearing shall be submitted within 30 days of the department’s notification of its determination. A failure to complete the prescribed retraining course within the time designated by the department, or to request a hearing within 30 days of the department’s notification of its determination, shall result in loss of qualification. Upon a later completion of the prescribed department certified retraining course, the department may reinstate the smog check technician’s qualification.

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Legislative history

Amended by Stats. 2002, Ch. 405, Sec. 70. Effective January 1, 2003.