by Dale Chessey
I have received
several emails asking me what is
the disciplinary process of unlicensed
activity or false advertising?
What are the consequences?
This makes me wonder who
is asking and not conveniently leaving
their contact information.
Is there a guilty conscience
here?
The Bureau of Electronic and Appliance
Repair (BEAR)
has a process in which they persuade
businesses to cooperate.
The Notices of Violations,
or known as NOVs, are issued for
unlicensed activity or being caught
performing unscrupulous activities,
like not providing replacement parts
to customers.
These NOVs are a way to put
the business on notice of being
in violation of the law, but at
the same time giving that person
a chance to comply without consequences.
At that point,
BEAR’s
Compliance Unit comes into action
by working with and educating businesses
to be compliant and become law-abiding
businesses.
There are a few that simply
need more assistance to ensure that
the service is provided.
However, citations may be
issued!
Business and Professions Code, Chapter
20, Division 3, Article 4.5, Section
9855.8 outlines that
BEAR
can issue a fine up to $500 for
the first citation.
The second citation doubles
up to $1,000 with suspension or
revoking of a license.
However, it’s in the works
that fines will be going up to $5,000
in the very near future to ensure
the unlicensed or licensees abide
by the law.
There’s more…
BEAR
Field Representatives can go even
further with issuing an “infraction”
against a business.
Each Field Representative
can issue an infraction ticket that
is forwarded to the District Attorney’s
Office.
The DA’s Office may decide
to press forward by requiring the
business owner to appear in court.
Fines, sentencing, cost recovery,
jail and criminal penalties, and
telephone disconnects can also be
part of the penalty equation.
Are these penalties enough?
At the last PSOC conference
there was talk that stiffer penalties
need to be put into play to keep
the profession on the straight and
narrow.
The consequences for breaking
the law seem to be marginal.
Most participants agreed
that strong penalties and heavy
enforcement need to be in place
to keep the profession fair and
licensed.
BEAR
cited the following:
Fiscal Year
Citations Issued
2004/2005
55
2005/2006
112
2006/2007
143
As you can see, fiscal year 2006/2007
is showing that
BEAR
is being aggressive in cracking
down on licensees conducting poor
business practices or business that
are not licensed at all.
BEAR’s
well organized Compliance Unit and
highly trained Field Representatives
are on the trail with stiff fines
and penalties, but they are also
there to help as well.
Questions and comments can be emailed
to Dale Chessey at Dale_Chessey@dca.ca.gov
