1. (a) Information to be Provided Regarding Complaints. The Bureau shall maintain a system of information, regarding complaints received. The system shall provide for information relating to the preceding 3 years. The system will afford to members of the public, upon written request, all of the following regarding a particular registrant:

   1. (1) The number of such complaints which, after investigation including contact with the registrant, have been found by Bureau staff to indicate probable violations of the Bureau's registration law or regulations.

   2. (2) With respect to each such complaint, the following information:

      1. (A) Its date of receipt by year.

      2. (B) Its disposition, by indicating whether the matter has been

         1. 1. referred to formal disciplinary action;
         2. 2. found to involve a minor violation not in itself meriting disciplinary action;
         3. 3. disposed of through settlement, compromise or complaint mediation; or
         4. 4. disposed of through any other action, formal or informal, taken against the registrant.
   3. (3) Such general cautionary statement, as the Bureau may deem appropriate, regarding the utility of complaint information to individual consumers in their selection of registrants.
   4. (4) If a complaint which was initially determined to indicate a probable violation of law is later found by the Bureau's staff upon further investigation not to truly involve a violation, it shall be deleted from the complaint system.
   5. (5) Such comparative data as may be considered by the Bureau to be informative to consumers, which may include the average number of valid complaints received against registrants in a given region or locality.

2. (b) Information to be Provided Regarding Disciplinary Action. The Bureau shall maintain records showing the disciplinary history of all current registration holders and shall provide to members of the public, upon written request, the following information:

   1. (1) Whether any current registrant has ever been disciplined and, if so, when and for what offense.
   2. (2) Whether any current registrant has been named in any disciplinary action.

3. (c) Information to be Provided Regarding Registration Status. The Bureau shall maintain records showing certain registration information for all current registration holders and for three (3) years following the inactivation of registration. The Bureau shall provide to members of the public, upon written request, the following information regarding past and current registrants:

   1. (1) The name of the service dealer as it appears in the Bureau's records.
   2. (2) The registration number.
   3. (3) The address of record and telephone number.
   4. (4) The date of original registration.
   5. (5) The date or dates such registration expired, lapsed, or was terminated and, if applicable, the reason for termination.
4. (d) Quantity of Information to be Provided Per Week. To avoid undue delay in the Bureau's response to other requesters and in order that no one requester may overburden the Bureau's system, the Bureau may establish reasonable limits on the number of requests per week from any one requester which the Bureau may handle.

The Bureau shall provide a system designed to provide individual members of the consuming public information regarding complaints and disciplinary actions against registrants and information regarding their registration status as specified below, unless in the determination of the Bureau disclosure of such complaint information would be unduly prejudicial to registrants.

Note: Authority cited: Section 9814, Business and Professions Code. Reference: Sections 9814, 9860 and 9863, Business and Professions Code.

History

1. New section filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).

2. Amendment of subsections (a) and (c) filed 1-6-88; operative 2-5-88 (Register 88, No. 3).

3. Amendment of subsection (c) and Note filed 5-12-94; operative 6-13-94 (Register 94, No. 19).