BAR explains new citation program, three‑member panels and remedial training to limit public disclosure

Patrick Ly, program manager in BAR’s Enforcement Operations branch, outlined BAR’s citation portfolio and the new Automotive Repair Act citation program that took effect July 1, 2023. He emphasized that citations are intended primarily as a compliance and education tool rather than license discipline; they are typically accompanied by abatement orders requiring future compliance. BAR can issue monetary fines where violations are repeated or especially egregious, but it said most citations are issued with abatement and education first.

Ly described the recipient options: comply and correct, pay a fine if applicable, request an informal review (an internal bureau review), or seek an administrative hearing (full evidentiary proceeding before an ALJ with Attorney General representation). For Automotive Repair Act citations, BAR described two program innovations: an informal appeal conducted before a three‑member panel (public, industry and BAR non‑enforcement representative) subject to open‑meeting rules, and an approved‑provider remedial training pathway. Remedial training — online, vendor‑provided courses covering statutes and regulations — can prevent public posting of the final citation if the recipient completes the training within the allowed timeframe and meets eligibility (not available for fraud, gross negligence or recent remedial training completion).

Ly provided early program statistics (Q1–Q3 snapshot): about 193 automotive‑repair citations issued since inception; 23 requested informal review before panels; of those heard most were affirmed, one was modified, one dismissed and others pending. Of 188 citations eligible for remedial training, 67 requested it, 34 completed training and prevented disclosure, 27 requested but failed to complete (which results in posting), and 121 never requested training. Ly said only a small share of automotive‑repair citations to date have included a monetary fine.