CHAPTER 20. Electronic and Appliance Repair Dealers [9800. - 9874.5.]

Heading of Chapter 20 amended by Stats. 1978, Ch. 1161.

§§ 9800–9874.5 · 62 sections

1. ARTICLE 1. General Provisions §§ 9800–9807 · 7 sections

   • § 9800 This chapter of the Business and Professions Code constitutes the chapter on electronic and appliance repair dealers. It may be cited as the Electronic and…
   • § 9801 The following terms as used in this chapter have the meaning expressed in this section: (a) “Person” includes a firm, partnership, association, limited…
   • § 9802 This chapter does not apply to: (a) Any employee of a service dealer while the employee is engaged in activities within the normal scope of the employer’s…
   • § 9804 No person who is licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of this code shall be required to register under this chapter if…
   • § 9805 No person registered under this chapter shall be required to apply for a license pursuant to Chapter 9 (commencing with Section 7000) if that person’s…
   • § 9806 (a) An automobile dealer or manufacturer, licensed pursuant to Chapter 4 (commencing with Section 11700) of Division 5 of the Vehicle Code shall not be…
   • § 9807 (a) Notwithstanding any other law, a service dealer licensed under this chapter and authorized to engage in the electronic repair industry, as defined in…
2. ARTICLE 2. Administration §§ 9810–9814.5 · 8 sections

   • § 9810 (a) (1) There is in the Department of Consumer Affairs a Bureau of Household Goods and Services, under the supervision and control of the director. The…
   • § 9810.1 Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary…
   • § 9811 The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection,…
   • § 9812 The director shall gather evidence of violations of this chapter and of any regulation established hereunder, by any service dealer, whether registered or not,…
   • § 9812.5 The director shall gather evidence of violations of this chapter and of any regulation established hereunder by any service contractor, whether registered or…
   • § 9813 The director shall have the powers granted to the head of a department by, and shall conform to the provisions of Article 2 (commencing with Section 11180) of…
   • § 9814 The director may establish and enforce regulations as may be reasonable for the conduct of service dealers and for the general enforcement of the various…
   • § 9814.5 The director may establish and enforce reasonable regulations for the conduct of service contractors, and for the general enforcement of the various provisions…
3. ARTICLE 3. Registration Procedure §§ 9830–9833 · 6 sections

   • § 9830 Each service dealer shall pay the fee required by this chapter for each place of business and each drop-off location, as defined by bureau regulations,…
   • § 9830.5 (a) Each service contractor shall pay the fee required by this chapter for each place of business operated by them in this state and shall register with the…
   • § 9831 Upon receipt of the form properly filled out and receipt of the required fee, the director shall, provided the applicant has not committed acts or crimes…
   • § 9832 (a) Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the…
   • § 9832.5 (a) Registrations issued under this chapter shall expire no more than 12 months after the issue date. The expiration date of registrations shall be set by the…
   • § 9833 A registrant shall notify the bureau in writing, within 30 days, of any change to the information provided by the form specified in Section 9830. A service…
4. ARTICLE 4. Offenses Against the Chapter §§ 9840–9853 · 17 sections

   • § 9840 It shall be unlawful to act as a service dealer without first having registered in accordance with the provisions of this chapter and unless such registration…
   • § 9841 (a) The director may deny, suspend, revoke, or place on probation the registration of a service dealer for any of the following acts or omissions done by…
   • § 9842 All work done by a service dealer shall be recorded on an invoice in such detail as is required by regulations issued by the director and shall describe all…
   • § 9843 The service dealer shall return replaced parts to the customer excepting such parts as may be exempted from this requirement by regulations of the director and…
   • § 9844 An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs…
   • § 9844.1 The charge for the installation of any equipment subject to the requirements of this chapter shall be given to the customer in writing prior to making the…
   • § 9844.5 No lien or other right to maintain possession of the equipment pending payment of charges for repair or installation, including those arising from Chapter 6…
   • § 9845 A service dealer may not make the compensation of any employee, partner, officer, or member dependent upon the value of parts replaced in any equipment by, or…
   • § 9846 The use of “guarantee” and words of like import shall conform to the regulations adopted by the director.
   • § 9847 Each service dealer shall maintain all records that are required by the regulations adopted to carry out the provisions of this chapter for a period of at…
   • § 9847.5 (a) Each service contractor shall maintain those records as are required by the regulations adopted to carry out the provisions of this chapter for a period of…
   • § 9848 All proceedings to contest a citation for a violation of subdivision (k) of Section 23575.3 of the Vehicle Code or to deny registration or suspend, revoke, or…
   • § 9849 (a) The expiration of a valid registration shall not deprive the director of jurisdiction to proceed with any investigation or hearing on a cease and desist…
   • § 9850 Any person who fails to comply with the provisions of this chapter or of the regulations made pursuant to this chapter is guilty of a misdemeanor and…
   • § 9851 (a) The superior court in and for the county wherein any person carries on, or attempts to carry on, business as a service dealer or service contractor in…
   • § 9852 No person required to have a valid registration under the provisions of this chapter shall have the benefit of any lien for labor or materials or the right to…
   • § 9853 (a) A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions,…
5. ARTICLE 4.5. Service Contractors §§ 9855–9855.9 · 13 sections

   • § 9855 The definitions used in this section shall govern the construction and terms as used in this chapter: (a) “Service contract” means a contract in writing to…
   • § 9855.05 On and after January 1, 2000, for the purposes of this chapter, “service contract” also includes a service contract as described in subdivision (e) of Section…
   • § 9855.1 (a) It shall be unlawful for any person to act as a service contractor in this state unless that person first registers with the bureau in accordance with the…
   • § 9855.15 A service contract administrator who is an obligor on a service contract and is registered as a service contract administrator may perform all the functions…
   • § 9855.2 (a) A service contract seller shall not issue, sell, or offer for sale a service contract unless the obligor under the service contract has complied with one…
   • § 9855.3 (a) (1) The service contract form, along with all documents incorporated by reference into a service contract per the contract form, to be issued by the…
   • § 9855.4 (a) The service contract reimbursement insurance policy shall cover the obligations of the service contract seller under the service contracts sold during the…
   • § 9855.5 A service contractor shall comply with the provisions of Sections 1794.4 and 1794.41 of the Civil Code.
   • § 9855.6 Where a service contractholder cancels a service contract in accordance with Section 1794.41 of the Civil Code and the refund due is not paid to the service…
   • § 9855.7 The director may deny, or may suspend, revoke, or place on probation the registration of a service contractor for any act, omission, or crime that is committed…
   • § 9855.8 (a) The director may issue a citation to the service contractor for any of the following reasons: (1) Violation of subdivision (a) of Section 9855.3 or Section…
   • § 9855.85 Unless otherwise lawfully transacting the business of insurance pursuant to a certificate of authority issued pursuant to Section 700 of the Insurance Code for…
   • § 9855.9 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
6. ARTICLE 5. Informal Adjustment of Complaints §§ 9860–9863 · 5 sections

   • § 9860 (a) The director shall establish procedures for accepting complaints from the public against any service dealer or service contractor. (b) This section shall…
   • § 9861 If the complaint does not appear to state any violations of this chapter or of the regulations made pursuant to this chapter, the director shall so advise the…
   • § 9862 If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service…
   • § 9862.5 (a) If a complaint indicates a possible violation of this chapter or of the regulations adopted pursuant to this chapter, the director may advise the service…
   • § 9863 (a) If, upon summary investigation, it appears probable to the director that a violation of this chapter, or the regulations thereunder, has occurred, the…
7. ARTICLE 6. Revenue §§ 9870–9874.5 · 6 sections

   • § 9870 All fees collected pursuant to this chapter shall be paid into the State Treasury to the credit of the Household Goods and Services Fund, which fund is hereby…
   • § 9871 The director shall report to the State Controller at the beginning of each month, for the month preceding, the amount and source of all revenue received by the…
   • § 9872 The money in the Household Goods and Services Fund necessary for the administration of the bureau and the administration of this chapter shall be used for…
   • § 9873 The fees prescribed by this chapter shall be set by the director by regulation, according to the following schedule: (a) (1) The initial registration fee for…
   • § 9874 All salaries, expenses, or costs incurred or sustained pursuant to this chapter shall be payable only out of the Household Goods and Services Fund.
   • § 9874.5 (a) All moneys in the Electronic and Appliance Repair Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the…