The California Department of Consumers Affairs and the Bureau of Automotive Repair have indicated that they have obtained an Interim Suspension Order (“ISO”) against a Los Angeles Smog Check Emissions Technician and Automotive Repair Dealer for clean-piping.
An ISO is a temporary action that a licensing agency like the Bureau of Automotive Repair can obtain pursuant to Business and Professions Code section 494. The agency has to show by the preponderance of the evidence that there has been both a violation, and that there is a threat to the public’s health, safety and welfare if the licensee is allowed to maintain licensure pending a full hearing and resolution to an Accusation filed against the licensee. ISOs are not used very often, but when they are, it means that the licensing agency thinks that the licensee is a severe threat. As the burden of proof is less, the agency does not even have to have their full case investigated, but at the same time, licensees against whom ISOs are granted, are entitled to a speedy administrative hearing if they choose. Thus, a carefully planned defense is important. For more information about ISOs and defending against actions of state agencies in the State of California, call attorney Scott J. Harris at 323-370-6139.