In a move that caught industry observers by surprise, two top California Bureau of Automotive Repair (BAR) executives are leaving the agency. Chief Richard Ross will be leaving on August 21 to become deputy director of compliance at the California Gaming Commission. Deputy chief James Goldstene is moving to the Air Resources Board (ARB) where he will function as liaison to the BAR. 

Ross, 64, a former FBI agent, was appointed chief in 2004. Previous to that he was deputy commissioner of the Criminal Investigation Branch at the California Department of Insurance (DOI). Goldstene had previously served as chief of the California Bureau of Barbering and Cosmetology,

An interim BAR chief has not yet been named.

Department of Consumer Affairs spokesperson Russ Heimerich stated that the two men leaving at the same time is "simply happenstance," but some in the industry question whether this BAR shakeup has anything to do with licensing issues before the BAR related to Progressive Insurance's Concierge Service Center in San Diego. (See ABN, July 2006.)

Progressive told it must register

On August 1, the BAR sent a letter to Mike Lawler, regional claims manager, and Tyler Cook, service center claims manager at the Progressive Service Center in San Diego, regarding an on-site inspection which took place on May 11. "Based on the information gathered during the on-site inspection," the letter states, "the BAR has determined that the activities associated with Progressive's Concierge Program constitutes the requirement for an Automotive Repair Dealer registration."

The letter, signed by Wayne Ramos, a program manager for the BAR's Investigative Branch, further explains that "in accordance with Section 9884.6 of the Business and Professions code, this letter will serve as notice that you must CEASE AND DESIST immediately until you have secured registration with the BAR."

Relevant provisions of the California Business and Professions codes are:

• Any person in the automotive repair business must have a valid registration on file with the Department of Consumer Affairs Bureau of Automotive Repair (9884.6)

• Failure to comply with this requirement is a misdemeanor, punishable by fine, not exceeding one thousand dollars ($1,000) or imprisonment, not exceeding six (6) months or both (9889.20).

• An automotive repair dealer, not having a valid registration on file with this Bureau, does not have the right to exercise a mechanic's lien for labor and materials, nor to sue for such repair (9884.16).

Along with the letter, the Progressive Service Center received an application for registration and the demand for immediate payment of the $200 registration fee.

"Please be advised that compliance with the Automotive Repair Act is mandatory and your failure to comply with this notification will result in further investigation and possible legal actions by the Department of Consumer Affairs, Bureau of Automotive Repair," the letter emphatically concludes.