Being the busy owner of an auto repair shop that performs SMOG tests, your day is busy. You’re the boss, and you may have more than a couple “SMOG techs” working under you. Thus, your day consists of checking in with technicians, repairing vehicles, and pleasing the hard-to-please customers in Southern California. Let’s assume you have five experienced technicians at your disposal and take pride in the service you provide to the community. But now, let’s imagine a scenario that might not be pleasant. You discover one of your techs just got a suspension notice from the California Bureau of Automotive Repair.
He’s upset, as he might lose his license. You’re upset as he’s part of your team, and he could impact your entire business license. Suddenly, the whole operation seems like it’s under siege.
Immediate Steps to Take
The first step is not to panic. The second is to calmly meet with your technician. The third is to begin collecting useful documenation.
Start with the technician who received the suspension notice, and work closely with him. Gather up all documentation for the proceeding together; this should include inspection log books, communications with customers and any associated paperwork to allow for a demonstration of compliance with BAR. These documents need to be gathered as quickly as possible as they will substantiate your BAR response.
Finding a Qualified Lawyer
As you handle all of this, you might think about getting an attorney who specializes in suspension order appeals. BAR regulations can be hard to understand. It can help to have a defense lawyer in your corner to help you navigate the maze of government regulations. A specialized attorney will know the law and will be able to assist you in making informed decisions. There are the facts, there is the law, and there is the fight you must win against the Bureau of Automotive Repair. You wouldn’t go into a street fight unprepared; similarly, your fight with the massive bureaucracy of the state of California is not something to be entertained with no prep or no help.
A lawyer can help in creating an answer to the BAR. This response should refute the specific allegations in the suspension notice and point to any mitigating circumstances. A strong response from your lawyer can mitigate the impact and even defeat the suspension action; but you’ve gotta take it seriously from day one.
Communicating with the BAR
Communication is key: you, your tech, the lawyer, and the good folks at the Bureau of Automotive Repair. With a lawyer helping you, you can focus on your shop and customer relationships — rather than administrative litigation. Good lawyers are able to communicate their demands while fighting and looking out for the rights of your technician at the same time.
Keeping Yourself and Your Business Safe
A suspension notice is not just a problem for your technician to deal with — it can affect your whole business. Clients in California want to deal with reputable businesses; a suspension notice might spook them about the quality of your SMOG checks or your repair work. Long gone are the days when a mechanic could go rogue, especially with how competitive the auto repair industry is and how saturated the Southern California market is with SMOG check shops.
In summary, if your auto repair shop receives a notice of suspension from the BAR (even if it’s just one tech), then it is important to take immediate action and to do so in the right way. Collaborate with your technician to gather all of their documents together and, if possible, recruit the a good defense lawyer. Your approach to this is critical not just for the safety of your shop but to keep the trust intact with your customers, who are an extremely important lot. No one wants to lose one’s SMOG license, but if threats are made, you must fight.