The California Bureau of Automotive Repair (BAR) licenses many different professions within the vehicle maintenance and mechanic community. Individuals who work as smog technicians, brake and lamp adjusters, in fleet facilities, and other fields must be licensed by BAR to legally operate in the state. The failure to hold a mandated license can be costly for an unlicensed worker.
When a worker who is licensed by BAR is accused of misconduct or violating regulations related to their field, a complaint may be filed against them. The complaint is investigated by BAR and aggravating factors can be considered when sanctions are applied. This post will discuss some of the aggravating factors that can impact BAR decision outcomes for those subject to regulation. No part of this post should be used as legal advice.
Past conduct as an aggravating factor
Aggravating factors generally concern past contact between a worker and BAR. Contact can include, but is not limited to:
- Warnings from BAR
- Past citations from BAR
- Conferences with BAR
- Past BAR disciplinary actions
- Failure to comply with prior BAR sanctions
When aggravating factors are applied, individuals can face more serious threats to their licenses and opportunities to work in their chosen fields.
Dealing with BAR complaints and possible aggravating factors
Possible threats to an individual’s license to work in their chosen field can be stressful and intimidating. One of the best ways to address complaints is to face them head on with support from an administrative lawyer who understands the regulatory processes used by BAR and other administrative agencies. Administrative law professionals can advise their clients of how best to protect their rights and meet the requirements of the hearings and decisions that will determine their possible penalties.