BAR reports 63 citations issued under new citation authority; remedial training used to avoid public disclosure in some cases

BAR enforcement staff briefed advisory members on the new informal citation conference process and the remedial‑training option that allows Automotive Repair Dealers (ARDs) to prevent public disclosure of certain citations.

Patrick Lutfi of BAR’s enforcement operations said Assembly Bill 471 (2021) created authority to issue citations for Automotive Repair Act violations, to convene a three‑member informal citation review panel to hear appeals and to allow completion of bureau‑approved remedial training to prevent disclosure of a citation on BAR’s public license lookup for particular non‑serious violations.

Lutfi reported BAR has issued 63 citations to ARDs since the regulations took effect. The citation review panel is composed of three members: a BAR representative (outside enforcement), an automotive repair industry representative and a member of the motoring public. BAR has held two citation review conferences (June 27 and Aug. 8) and rescheduled an additional hearing to Nov. 14.

Remedial training is an alternative to public disclosure: an eligible controlling individual for the ARD (owner, corporate officer or registered responsible managing employee) must complete an approved training course and submit proof within 60 days of citation issuance to avoid having the citation posted on BAR’s public license lookup. Lutfi said BAR has received 18 remedial‑training requests to date; eight ARDs completed training within the timeframe, nine did not enroll or failed to submit proof, and one remained in progress at the time of reporting. BAR staff noted certain serious matters are excluded from nondisclosure (fraud, gross negligence and false or misleading issuance of a vehicle safety certificate).

Advisory members raised operational concerns: panelists sometimes enter hearings without full documentary context because the proceedings are open‑meeting items but BAR must preserve the nondisclosure benefit for those who later take remedial training. Several advisory members urged BAR to provide clearer advance guidance to cited ARDs about the specific citation basis and about how to prepare for the panel. BAR staff said they have been refining panel preparation and will continue to explore ways to give panelists and respondents the information they need while preserving regulatory nondisclosure protections.

Why it matters: the new citation authority gives BAR more tools to enforce consumer protection rules, while the remedial training option is intended to educate ARDs and limit public disclosure for qualifying, non‑egregious violations. Advisory members asked BAR to improve pre‑hearing guidance and consider additional supports for respondents so hearings focus on the citation issues rather than unrelated complaints or narrative.