Legal Question in Administrative Law in California

Automobile repair

What powers does the Bureau of Automobile Repair have to inspect records of a licensee.


Asked on 4/13/08, 7:55 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Automobile repair

The power is statutory. See Business and Professions Code section 9884.11, which reads in its entirety:

"Each automotive repair dealer shall maintain any records that are required by regulations adopted to carry out this chapter. Those records shall be open for reasonable inspection by the chief or other law enforcement officials. All of those records shall be maintained for at least three years."

No search warrant is necessary, as the licensee would be deemed to have consented to reasonable searches of its records by making the license application. However, I would say the search must stay within reasonable bounds and what is reaspnable may depends on the Bureau's level of suspicion of the particular licensee."

Also, the California Administrative Code says at Title 16 section 3358:

"� 3358. Maintenance of Records.

Each automotive repair dealer shall maintain legible copies of the following records for not less than three years:

(a) All invoices relating to automotive repair including invoices received from other sources for parts and/or labor.

(b) All written estimates pertaining to work performed.

(c) All work orders and/or contracts for repairs, parts and labor. All such records shall be open for reasonable inspection and/or reproduction by the bureau or other law enforcement officials during normal business hours."

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Answered on 4/13/08, 3:23 pm
Terry A. Nelson Nelson & Lawless

Re: Automobile repair

Everything the statutes say they do, which is almost unlimited. That's what government 'regulation' means typically.

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Answered on 4/14/08, 2:01 pm


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