STAR Certification Invalidation Letters

STAR Certification Invalidation

We have recently seen a rash of STAR Certification Invalidation notices being sent to several facilities over the last week or two.

It’s important what to know about the process so the owner can make the appropriate decision to ensure the financial viability of facility. We all know that for most facilities, invalidation of STAR in an enhanced area is a de facto death sentence for the shop.

The relevant code section reads as follows:

§ 3392.6.1. STAR Program Hearing and Determination.

Effective January 1, 2013, if the bureau finds cause to invalidate the certification of an existing STAR station, the bureau shall file and serve a notice in writing or by electronic mail to the station. The notice shall contain a summary of the facts and allegations which form the cause or causes for invalidation.

(a) Service of the notice may be given in any manner authorized by Business and Professions Code Section 124.

(b) If a written or electronic request for a hearing is received within five (5) days from the date of service, a hearing shall be held as provided for in (c) below.

(c) The bureau shall hold a hearing within ten (10) days of the date on which the bureau received a timely request for a hearing. The bureau shall notify the STAR certified station or representative of the time and place of the hearing. The hearing shall be limited in scope to the time period, facts, and allegations specified in the notice prepared by the bureau.

(d) The STAR certified station shall be notified of the determination by the chief, or the chief’s designee, who shall issue a decision and notify the applicant or STAR station within 10 days of the close of the hearing.

(e) The STAR station may request an administrative hearing to contest the decision of the chief within 30 days of the date of the determination by the chief, or the chief’s designee.

To summarize very quickly, there is a bevy of rights afforded to the facility before STAR Certification Invalidation. There is no reason to throw in the towel at the outset, considering what is at stake.

I can’t begin to tell you things we have found in our investigation as to explaining the reasons for various data points used to revoke STAR certification.

RPM tach leads damaged and giving wrong reasons, computer malfunctions causing aborts, scales measuring wrong weights changing vehicle loads, defective modules, and the list goes on and on.

A quick review of your dats gives us a venerable treasure trove of information to find the problem and survive invalidation.

Don’t let your STAR Certification be invalidated without a fight.

William Ferreira

 

STAR Certification Invalidation Letters
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