The Bureau of Automotive Repair new “hearing” process.
There’s a new hearing process for citations with the Bureau that will soon be passed into legislation. When you are presented with a smog citation, you will soon have the option of contesting the citation through a Bureau run appeal process versus your right to an administrative hearing run by the office of administrative hearings.
44051. (a) If a person cited pursuant to Section 44050 wishes to contest the citation, that person shall, within 30 days after service of the citation, file in writing a request for an administrative hearing to the chief of the bureau or a designee. (b) (1) In addition to, or instead of, requesting an administrative hearing pursuant to subdivision (a), the person cited pursuant to Section 44050 may, within 30 days after service of the citation, contest the citation by submitting a written request for an informal citation conference to the chief of the bureau or a designee. (2) Upon receipt of a written request for an informal citation conference, the chief of the bureau or a designee shall, within 60 days of the request, hold an informal citation conference with the person requesting the conference. The cited person may be accompanied and represented by an attorney or other authorized representative.
Needless to say, this is quite the ploy to strip you of your rights to appeal the citation. Much like the Gold Shield Hearing, this would be a farce – a puppet show if you will. The Bureau has already decided to issue you the citation, now you’re going to ask them to change their mind.
Talk about the fox in charge of the hen house.
This is all about money. If the hearing is not help at the Office of Administrative Hearings like it should, the Bureau saves on Attorney General cost(s) and Administrative Costs.
Do yourself a favor, appeal your citation with the Bureau though the Office of Administrative hearings. Have an independent judge make the decision – and stick the costs to the Bureau in the process. Even if you lose, you know they’re eating a few thousand in costs.
Sometimes it feels good to stick it to the man.