text:
(a) All mattresses and mattress sets manufactured for sale in this state shall be fire retardant. “Fire retardant,” as used in this section, means a product that meets the standards for resistance to open-flame test adopted by the United States Consumer Product Safety Commission and set forth in Section 1633 and following of Title 16 of the Code of Federal Regulations. The bureau may adopt regulations it deems necessary to implement those standards.

(b) All other bedding products that the bureau determines contribute to mattress bedding fires shall comply with regulations adopted by the bureau specifying that those products be resistant to open-flame ignition.

(c) All seating furniture sold or offered for sale by an importer, manufacturer, or wholesaler for use in this state, including any seating furniture sold to or offered for sale for use in a hotel, motel, or other place of public accommodation in this state, and reupholstered furniture to which filling materials are added, shall be fire retardant and shall be labeled in a manner specified by the bureau. This does not include furniture used exclusively for the purpose of physical fitness and exercise.

(d) Regulations adopted by the bureau for other bedding products shall not apply to any hotel, motel, bed and breakfast, inn, or similar transient lodging establishment that has an automatic fire extinguishing system that conforms to the specifications established in Section 904.1 of Title 24 of the California Code of Regulations.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 22. (SB 826) Effective January 1, 2022.)

article: 7. Regulations


kind: section

code: BPC

text: All flexible polyurethane foam in the form of slabs, blocks, or sheets, or which is shredded (loose or packaged), except polyurethane foam sold for use as carpet underlayment and polyurethane foam which cannot reasonably be expected to be used in or as an article of furniture or a mattress, that is offered for sale to the general public at retail outlets in this state for noncommercial or nonmanufacturing purposes, shall be fire retardant. “Fire retardant” as used in this section, means a product that meets the regulations adopted by the bureau.

history: (History: Repealed and added by Stats. 1984, Ch. 983, Sec. 4. Effective September 10, 1984.)

division: 8. SPECIAL BUSINESS REGULATIONS

chapter: 3. Home Furnishings

article: 7. Regulations

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 7. Regulations


text: The chief of the bureau, subject to the approval of the Director of Consumer Affairs, may in his or her discretion exempt items of upholstered furniture which are deemed not to pose a serious fire hazard from the fire retardant requirements of Section 19161.

history: (History: Amended by Stats. 1987, Ch. 925, Sec. 11. Effective September 22, 1987.)

article: 7. Regulations


text: A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall be performed and no charges shall accrue before authorization to proceed is obtained from the customer, and no charge shall be made for work performed or materials supplied in excess of the estimated price without the oral or written consent of the customer obtained after it is determined that the estimated price is insufficient and before the work not estimated is performed or the materials not estimated are supplied. Nothing in this section shall be construed as requiring a custom upholsterer to give an estimate if he or she does not agree to perform the requested work. As used in this section, “materials” includes structural units, filling materials, containers, and coverings. This section shall not prohibit the use of a written estimate in an electronic format.

history: (History: Amended by Stats. 2018, Ch. 578, Sec. 31. (SB 1483) Effective January 1, 2019.)

article: 7. Regulations


text: All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the bureau and shall describe all work to be performed, all materials to be supplied, and the period within which the estimate shall remain effective. If any secondhand materials are to be supplied, the work order shall clearly identify them as secondhand. No work shall be performed and no charges shall accrue before authorization for the work and materials is obtained from the customer, and no charge shall be made for work performed or materials supplied different from those specified in the work order without the oral or written consent of the customer. One copy of the work order shall be given to the customer before any work is performed and one copy shall be retained by the custom upholsterer for at least one year. As used in this section, “materials” includes structural units, filling materials, containers, and coverings. If a copy of the work order is provided to the customer in an electronic format, an electronic copy of the work order shall be retained by the service dealer for the same retention period.

history: (History: Amended by Stats. 2018, Ch. 578, Sec. 32. (SB 1483) Effective January 1, 2019.)

article: 7. Regulations


text:
The bureau may, by regulation, establish insulation material standards governing the quality of all insulation material sold or installed within this state, including those properties that affect the safety and thermal performance of insulation material during application and in the use intended. The standards shall specify the initial performance of the insulation material and the performance expected during the design life of the insulation material. Until the bureau has adopted these regulations, the regulations of the State Energy Resources Conservation and Development Commission in effect on the effective date of this section relating to those standards shall remain in full force and effect. However, wherever those regulations specify that the commission shall perform an act, the bureau instead shall perform the act.

Prior to establishing the standards and procedures required by this chapter, the bureau shall conduct at least two public hearings, and shall invite the State Energy Resources Conservation and Development Commission, the State Fire Marshal, manufacturers, distributors, and licensed installers of insulation materials, and appropriate members of the public to participate in the hearings. Immediately upon adoption of the standards and procedures, the bureau shall provide a copy of the standards to the State Energy Resources Conservation and Development Commission, and the Contractors State License Board. Within 30 days after receipt of the bureau’s standards, the Contractors State License Board shall notify all state licensed contractors who install insulation of the standards.

Insulation standards adopted by the bureau, pursuant to this section, and by the State Energy Resources Conservation and Development Commission, pursuant to Section 25402 of the Public Resources Code, which are building standards, as defined in Section 25488.5 of the Public Resources Code, shall be submitted to the California Building Standards Commission for approval pursuant to, and are governed by, the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code). The building standards adopted by the bureau and published in the California Building Standards Code shall comply with, and be enforced as provided in, this section.

history: (History: Amended by Stats. 2020, Ch. 312, Sec. 97. (SB 1474) Effective January 1, 2021.)

article: 7. Regulations


text:
Insulation material may only be sold or installed in the state which has been certified by the manufacturer to have been tested in accordance with standards adopted by the bureau and which bears a visible bureau approved statement by the manufacturer certifying that the insulation material meets those standards and has been tested and approved by an approved testing laboratory. The testing criteria shall be designed to determine whether insulation materials have met or exceeded minimum established standards. The bureau shall publish and periodically update a directory of certified insulation, including the R-value. The bureau shall charge a fee of fifty dollars ($50) annually, for each certified product listed in the directory up to a maximum of five thousand dollars ($5,000) per manufacturer.

Within 180 days after the date of adoption of those standards, each manufacturer of insulation material shall develop and implement a quality assurance program. Each manufacturer shall keep a record of any testing performed pursuant to the program for a period of three years after it is performed.

history: (History: Added by Stats. 1984, Ch. 1456, Sec. 9.5.)

article: 7. Regulations


text:
(a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of the director, at a sum not more nor less than that shown in the following table:Maximum feeMinimum feeImporter’s license $940$120Furniture and bedding manufacturer’slicense 940 120Wholesale furniture and beddingdealer’s license 675 120Supply dealer’s license 675 120Custom upholsterer’s license 450 80Sanitizer’s license 450 80Retail furniture and bedding dealer’s license 300 40Retail furniture dealer’s license 150 20Retail bedding dealer’s license 150 20(b) Individuals who, in their own homes and without the employment of any other person, make, sell, advertise, or contract to make pillows, quilts, quilted pads, or comforters are exempt from the fee requirements imposed by subdivision (a). However, these individuals shall comply with all other provisions of this chapter.

(c) Retailers who only sell “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2 are exempt from the fee requirements imposed by subdivision (a). Those retailers are also exempt from the other provisions of this chapter.

(d) A person who makes, sells, or advertises upholstered furniture and bedding as defined in Sections 19006 and 19007, and who also makes, sells, or advertises furniture used exclusively for the purpose of physical fitness and exercise, shall comply with the fee requirements imposed by subdivision (a).

(e) A person who has paid the required fee and who is licensed either as an upholstered furniture and bedding manufacturer or a custom upholsterer under this chapter shall not be required to additionally pay the fee for a sanitizer’s license.

history: (History: Amended by Stats. 2015, Ch. 187, Sec. 3. (AB 1175) Effective January 1, 2016.)

article: 8. Fees

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 8. Fees


text: The annual fee for an insulation manufacturing license shall be fixed by the bureau in an amount not less than one thousand eight hundred fifty dollars ($1,850) but not more than two thousand five hundred dollars ($2,500).

history: (History: Added by renumbering Section 19170 (as added by Stats. 1984, Ch. 1456) by Stats. 1986, Ch. 248, Sec. 9.)

article: 8. Fees


text:
(a) Except as provided in Section 19170.3, licenses issued under this chapter expire two years from the date of issuance. To renew his or her license, a licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the chief, and pay the fees prescribed by Sections 19170 and 19213.1. If a licensee fails to renew his or her license before its expiration, a delinquency fee of 20 percent, but not more than one hundred dollars ($100), notwithstanding the provisions of Section 163.5, shall be added to the renewal fee. If the renewal fee and delinquency fee are not paid within 90 days after expiration of a license, the licensee shall be assessed an additional penalty fee of 30 percent of the renewal fee.

(b) Except as otherwise provided in this chapter, a licensee may renew an expired license within six years after expiration of the license by filing an application for renewal on a form prescribed by the bureau, and paying all accrued renewal, delinquent, and penalty fees.

(c) A license that is not renewed within six years of its expiration shall not be renewed, restored, reinstated, or reissued, but the holder of the license may apply for and obtain a new license if both of the following requirements are satisfied:

(1) No fact, circumstance, or condition exists which would justify denial of licensure under Section 480.

(2) The licensee pays all renewal, delinquency, and penalty fees that have accrued since the date on which the license was last renewed.

(d) The bureau may impose conditions on any license issued pursuant to subdivision (c).

history: (History: Amended by Stats. 2007, Ch. 354, Sec. 69. Effective January 1, 2008.)

article: 8. Fees


text: A person may not obtain a new license of the same class as the license held during the last preceding license period, but may renew the license previously held by him or her on payment of the renewal fee and delinquency fee in effect on the last regular renewal date before the date on which he or she applies for renewal provided the license has not been canceled in accordance with Section 19170.5.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 87. Effective January 1, 1994.)

article: 8. Fees


text: Section 11002 of the Government Code authorizes the use of the United States postal cancellation on the envelope in which the fee is mailed, as the date of payment.

history: (History: Amended by Stats. 1978, Ch. 1161.)

article: 8. Fees


text: All fees collected under this chapter shall be reported to the Controller and paid to the Treasurer and credited to the Household Goods and Services Fund, to be expended only for the purposes of the bureau and in carrying out this chapter.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 36. (SB 814) Effective January 1, 2024.)

article: 8. Fees


text:
(a) All moneys in the Home Furnishings and Thermal Insulation Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Home Furnishing and Thermal Insulation Fund shall be abolished.

(b) This section shall remain in effect only until December 31, 2026, and as of that date is repealed.

history: (History: Added by Stats. 2023, Ch. 508, Sec. 37. (SB 814) Effective January 1, 2024. Repealed as of December 31, 2026, by its own provisions.)

article: 8. Fees


text: The chief or any inspector shall have access to the premises, equipment, materials, partly finished and finished articles and records of any person subject to the provisions of this chapter.

history: (History: Amended by Stats. 1949, Ch. 787.)

article: 9. Enforcement

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 9. Enforcement


text:
(a) The chief or any inspector may open any articles of upholstered furniture or bedding, including pillows or cushions belonging to or forming a part thereof, or insulation for the purpose of inspecting concealed filling material and may take either the entire article or samples of filling material or insulation in such quantities as may be necessary for analysis.

(b) The bureau shall reimburse the manufacturer, distributor, or retailer for the actual cost of any article or sample of filling material or insulation taken for analysis under subdivision (a) unless the article or sample is found to be in violation of this chapter or any regulation adopted by the bureau.

history: (History: Amended by Stats. 2012, Ch. 90, Sec. 1. (AB 1443) Effective January 1, 2013.)

article: 9. Enforcement


text: The chief or any inspector may determine the fitness of any secondhand or damaged article of bedding or filling material, for sanitization and sale.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 27.)

article: 9. Enforcement


text: The bureau may condemn, withhold from sale, seize, or destroy any upholstered furniture or bedding or any filling material or insulation which is found to be in violation of this chapter.

history: (History: Amended by Stats. 1984, Ch. 1456, Sec. 12.)

article: 9. Enforcement


text: The tag to be affixed to any article of condemned upholstered furniture or bedding, or any material or insulation, by an inspector shall be a red tag and shall contain such information as may be required by the chief.

history: (History: Amended by Stats. 1984, Ch. 1456, Sec. 13.)

article: 9. Enforcement


text: Every person who removes, or causes to be removed, any tag or device placed upon any upholstered furniture or bedding or any material or insulation, by an inspector is guilty of a violation of this chapter.

history: (History: Amended by Stats. 1984, Ch. 1456, Sec. 14.)

article: 9. Enforcement


text: The failure of any person to produce upon demand of an inspector any article that has been condemned and ordered held on a notice of violation signed by such person, or a notice of violation that the person has refused to sign, is a violation of this chapter.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 89. Effective January 1, 1994.)

article: 9. Enforcement


text: No person shall interfere with, obstruct or otherwise hinder any inspector of the bureau or of the department’s Division of Investigation in the performance of his or her duties.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 90. Effective January 1, 1994.)

article: 9. Enforcement


text: Any inspector having knowledge of a violation of any of the provisions of this chapter shall notify the chief of the violation.

history: (History: Amended by Stats. 1941, Ch. 1206.)

article: 9. Enforcement


text: The chief or his or her authorized designee may cite any person licensed under and subject to the provisions of this chapter to participate in an office conference before the chief to show cause why he or she should not be subject to any or a range of disciplinary actions or to prosecution for any violation of this chapter.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 52. Effective January 1, 2003.)

article: 9. Enforcement


text: Except as otherwise required to comply with the provisions of Article 9.5 of this chapter, the proceedings in any hearing or disciplinary action under this chapter shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 1955, Ch. 1045.)

article: 9. Enforcement


text:
After a hearing, a license may be suspended, revoked, reprimanded, or placed on probation for a violation of any of the provisions of this chapter or of the rules and regulations of the bureau, or for a violation of Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false or misleading advertising; provided, however, that the license of a wholesaler or retailer shall not be suspended in the absence of a finding that the wholesaler or retailer knowingly offered for sale or sold articles not conforming to the requirements of this chapter or the rules and regulations of the bureau.

In any order of suspension or revocation, the bureau may impose conditions relative to the disposition of articles not conforming to the requirements of this chapter or the rules and regulations of the bureau, or may impose conditions relative to the completion or fulfillment of any orders or contracts entered into prior to the date of the hearing.

history: (History: Amended by Stats. 1987, Ch. 850, Sec. 22.)

article: 9. Enforcement


text: Any person who has been denied a license, or who has had their license revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension, or any person who has been a member of any limited liability company or of any partnership, or an officer or director of any corporation, or an officer or person acting in a managerial capacity of any firm or association, whose license has been revoked, or whose license is under suspension, or who has failed to renew a license while it was under suspension, and while acting as a member, officer, director, or person acting in a managerial capacity, participated in any of the prohibited acts for which the license was suspended, or revoked, shall be prohibited from serving as a member of any licensed limited liability company or of any licensed partnership, or as an officer or director of any licensed corporation, or as an officer or person acting in a managerial capacity of any licensed firm or association, and the employment, election, or association of a person in this capacity by a licensee shall constitute grounds for disciplinary action against the licensee.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 38. (SB 814) Effective January 1, 2024.)

article: 9. Enforcement


text: The performance by any partnership, limited liability company, corporation, firm, or association of any act or omission constituting a cause for disciplinary action, likewise constitutes a cause for disciplinary action against any licensee who is a member of that partnership or limited liability company, or an officer or director of that corporation, or an officer or person acting in a managerial capacity of that firm or association, if the licensee participated in the prohibited act or omission.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 39. (SB 814) Effective January 1, 2024.)

article: 9. Enforcement


text: The bureau may monitor compliance with all insulation standards, including those adopted by the Energy Resources Conservation and Development Commission, pursuant to Section 25402 of the Public Resources Code, by conducting periodic inspections with its own personnel, or by requiring inspections conducted by an approved independent third party laboratory, of manufacturers, distributors, or retailers of insulation material sold within the state in order to determine their compliance with this article. The bureau shall annually test all categories of insulation products for which standards have been adopted. The bureau may require those manufacturers, distributors, or retailers that are inspected and found not in compliance with this article, or any regulation implementing it, to pay such reasonable fees as are necessary to cover the costs of inspections and testing necessary to investigate and enforce compliance by those manufacturers, distributors, and retailers. Fees shall be fixed in an amount not more than the cost of testing and inspection with a minimum fee of two hundred dollars ($200) for each test or inspection. The bureau may also conduct, or contract with approved independent third party laboratories to conduct, independent performance tests of insulation materials sold in the state, in order to determine compliance with its adopted standards. Where a fee is not paid, the full amount of the assessed fee shall be added to the fee for the renewal of a license. A license shall not be renewed without payment of the renewal fee and all fees for testing and inspection.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 92. Effective January 1, 1994.)

article: 9. Enforcement


text: The bureau may require a licensee who sells or manufactures furniture and bedding products that are inspected and found not to be in compliance with this chapter, or any regulation implementing it, to pay those reasonable fees as are necessary to cover the costs of inspections and testing necessary to investigate and enforce compliance by those licenses. Fees shall be fixed in an amount not more than the cost of testing and inspection except that the minimum fee shall be two hundred dollars ($200) for each test or inspection. The range of fees for testing or inspection shall be fixed by the bureau in an amount not less than two hundred dollars ($200) and not more than five hundred dollars ($500) for each test or inspection. Where a fee is not paid, the full amount of the assessed fee shall be added to the fee for the renewal of a license. A license shall not be renewed without payment of the renewal fee and all fees for testing and inspection.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 93. Effective January 1, 1994.)

article: 9. Enforcement


text:
Any person who violates or proposes to violate any provision of this chapter relating to insulation standards may be enjoined by any court of competent jurisdiction. The court may make those orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practices which violate this chapter, or which may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of any practice which violates any provision of this chapter.

Actions for injunction under this section may be prosecuted by the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state in the name of the people of the State of California upon their own motion or upon the complaint of any board, officer, person, corporation, association, partnership, limited liability company, or by any person acting for the interests of itself, its members, or the general public.

(a) A person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, city attorney, or city prosecutor in any court of competent jurisdiction. The unit for a separate and distinct offense regarding insulation in violation of this chapter is each and every bag, bale, package, roll, or other container sold, offered for sale, or possessed with intent to sell or install contrary to the provisions of this chapter.

(b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city.

(c) If the action is brought at the request of the bureau, the court shall determine the reasonable expenses incurred by the bureau in the investigation and prosecution of the action.

Before any penalty collected is paid out pursuant to subdivision (b), the amount of the reasonable expenses incurred by the bureau shall be paid to the Treasurer.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 40. (SB 814) Effective January 1, 2024.)

article: 9. Enforcement


text: As used in this article, unless otherwise indicated, “director” means the Director of the Office of Administrative Hearings.

history: (History: Amended by Stats. 1978, Ch. 1161.)

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 9.5. Disciplinary Proceedings Against Nonresidents


text: The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her engaging within this state, either personally or through an agent or employee, in a business subject to license under this chapter, is equivalent to the appointment by the licensee of the director as his or her true and lawful attorney upon whom may be served all lawful process in any disciplinary proceeding conducted against him or her under this chapter.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 54. Effective January 1, 2003.)

article: 9.5. Disciplinary Proceedings Against Nonresidents


text: The acceptance of such rights and privileges as so evidenced shall signify the agreement of the licensee that any such process which is served against him or her in the manner provided in this article shall be of the same legal force and validity as if served upon him or her personally in this state.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 55. Effective January 1, 2003.)


text: Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of two dollars ($2) for each licensee to be served, in the hands of the director or in his or her office in Sacramento. This service shall be sufficient service on the licensee subject to compliance with Section 19215.4 of this code.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 56. Effective January 1, 2003.)


text: A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered mail by the director to the licensee at his or her last known address as furnished by the bureau. Personal service of this notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee wherever found outside this state shall be the equivalent of this mailing.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 57. Effective January 1, 2003.)


text: Proof of compliance with Section 19215.4 shall be made in the event of service by mail by affidavit of the director or his or her authorized employee showing this service by mailing, together with the return receipt of the United States post office bearing the signature of the licensee or his or her agent. The affidavit and receipt shall be appended to the original accusation on file with the bureau. In the event of personal service outside this state, compliance may be proved by the return of any duly constituted public officer qualified to serve process in civil actions in the state or jurisdiction where the licensee is found, showing such service to have been made. This return shall be appended to the original accusation on file with the bureau.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 58. Effective January 1, 2003.)


text: The bureau, or if the proceeding has been assigned to a hearing officer of the Office of Administrative Hearings, the hearing officer, may order postponements or continuances and grant extensions of time that may be necessary to afford the licensee reasonable opportunity to defend the proceeding. In no event shall the licensee have less than 30 days after the date of mailing or delivery to him or her of the copy of the accusation in which to file a notice of defense, nor shall the notice of hearing provided for in Section 11509 of the Government Code or the notice and copy of affidavit referred to in Section 11514 of the Government Code be mailed or delivered less than 20 days prior to the date of hearing, and the time for making a request to cross-examine under Section 11514 of the Government Code shall be not less than 15 days.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 59. Effective January 1, 2003.)


text: The director shall keep a record of all process served upon him or her pursuant to this article that shall show the day and hour of service.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 60. Effective January 1, 2003.)


text: As used in this article “nonresident” means a person who is not a resident of this State at the time he or she engages in business in the State as described in Section 19215.1.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 61. Effective January 1, 2003.)


text: Every person who violates any of the provisions of this chapter is guilty of a misdemeanor and punishable for each offense by a fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) or by imprisonment for not less than three nor more than six months or by both such fine and imprisonment.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 94. Effective January 1, 1994.)

article: 10. Penalties

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 10. Penalties


text: The unit for a separate and distinct offense in violation of this chapter is each and every article of improperly labeled, or not labeled, upholstered furniture or bedding or filling material made, repaired, recovered, renovated, sanitized, sold, exposed or offered for sale, delivered, consigned, rented, or possessed with intent to sell contrary to the provisions of this chapter.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 28.)

article: 10. Penalties


text: This chapter may be cited as the “Household Movers Act.”

history: (History: Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)

chapter: 3.1. Household Movers Act

article: 1. General Provisions and Definitions

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 1. General Provisions and Definitions


text:
For purposes of this chapter, unless the context otherwise requires, the following provisions shall apply:

(a) “Broker” means a person engaged by others in the act of arranging, for compensation, the intrastate transportation of used household goods by a motor vehicle over the highways of this state for, or on behalf of, a shipper, a consignor, or a consignee.

(b) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.

(c) “Chief” refers to the chief of the bureau.

(d) “Corporation” includes a corporation, a company, a limited liability company, an association, and a joint stock association.

(e) “Department” refers to the Department of Consumer Affairs.

(f) “Director” refers to the Director of Consumer Affairs.

(g) “Fund” means the Household Goods and Services Fund established pursuant to Section 9870.

(h) “Household mover” includes every corporation or person, their lessees, trustee, receivers, or trustees appointed by any court whatsoever, engaged in the permitted or unpermitted transportation for compensation or hire as a business by means of a motor vehicle or motor vehicles being used in the transportation of used household goods and personal effects over any public highway in this state. A broker, as defined in subdivision (a), shall be considered a household mover. The Legislature intends “household mover” to have the same meaning as “household goods carrier” in former Section 5109 of the Public Utilities Code, as that section read on June 30, 2018.

(i) “Inspector” refers to an inspector either employed by, or under contract to, the bureau.

(j) “Motor vehicle” means every motor truck, tractor, or other self-propelled vehicle used for transportation of property over the public highways, other than upon fixed rails or tracks, and any trailer, semitrailer, dolly, or other vehicle drawn thereby.

(k) “Owner,” with respect to a motor vehicle used in the transportation of property for compensation by a household mover, means the corporation or person who is registered with the Department of Motor Vehicles as the owner of the vehicle, or who has a legal right to possession of the vehicle pursuant to a lease or rental agreement.

(l) “Person” includes an individual, a firm, or a partnership.

(m) “Public highway” includes every public street, road, or highway in this state.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 41. (SB 814) Effective January 1, 2024.)

article: 1. General Provisions and Definitions


text: In construing and enforcing the provisions of this chapter relating to citations and discipline, the act, omission, or failure of any officer, agent, or employee of any person or corporation, acting within the scope of his or her official duties or employment, is the act, omission, or failure of the employing person or corporation.

article: 1. General Provisions and Definitions


text: Every power granted to or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or by the chief, subject to conditions and limitations that the director may prescribe.

article: 1. General Provisions and Definitions


text: The regulation of the transportation of used household goods and personal effects in a motor vehicle or motor vehicles over any public highway in this state shall be exclusively as provided in this chapter. Any provision of the Public Utilities Code in conflict with the provisions of this chapter does not apply to a household mover.

article: 1. General Provisions and Definitions


text: The transportation of used household goods and personal effects in any truck or trailer for compensation over any public highway in this state is a highly specialized type of truck transportation. This chapter is enacted for the limited purpose of providing necessary regulation for this specialized type of truck transportation only, and is not to be construed for any purpose as a precedent for the extension of that regulation to any other type of truck transportation not presently so restricted.

article: 1. General Provisions and Definitions


text:
(a) Notwithstanding any other law, and until the time the director adopts regulations implementing this chapter, powers granted to, or duties imposed on, the Public Utilities Commission pursuant to the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code are transferred to, and may be exercised by, the director in administering this chapter.

(b) All rules, regulations, general orders, forms, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, adopted, administered, or enforced by the Public Utilities Commission for purposes of implementing and administering the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code, that are in effect immediately preceding July 1, 2018, shall remain in effect and shall be administered and enforced by the director, until the operative date of regulations adopted by the director to implement this chapter.

(c) Until the operative date of regulations implementing this chapter, household movers shall observe the rules, regulations, general orders, and Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission, that are administered and enforced by the director pursuant to this chapter. A violation of those rules, regulations, general orders, or tariff may be grounds for discipline.

article: 1. General Provisions and Definitions


text:
(a) Moneys in the fund shall be used, upon appropriation by the Legislature, by the bureau for the administration of this chapter.

(b) Except as otherwise provided in this chapter, all moneys, including fines or penalties imposed under this chapter, collected pursuant to this chapter shall be deposited into the fund.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 42. (SB 814) Effective January 1, 2024.)

article: 1. General Provisions and Definitions


text:
(a) The use of the public highways for the transportation of used household goods and personal effects for compensation is a business affected with a public interest. It is the purpose of this chapter to do all of the following:

(1) Preserve for the public the full benefit and use of public highways consistent with the needs of commerce without unnecessary congestion or wear and tear upon those highways.

(2) Secure to the people just, reasonable, and nondiscriminatory rates for transportation by household movers operating upon the highways.

(3) Secure full and unrestricted flow of traffic by motor carriers over the highways that will adequately meet reasonable public demands by providing for the regulation of rates of all household movers so that adequate and dependable service by all necessary household movers is maintained and the full use of the highways is preserved to the public.

(4) Promote fair dealing and ethical conduct in the rendition of services involving or incident to the transportation of household goods and personal effects.

(b) To achieve the purposes of subdivision (a), the bureau shall do all of the following:

(1) Prioritize the timely processing of applications and hold application workshops for potential applicants around the state.

(2) Enable electronic filing of applications, reports, and fee payments.

(3) Dedicate staff to answering telephone calls, mailings, and electronic inquiries from household movers.

(4) Prioritize the timely processing of consumer complaints.

(5) Implement electronic case tracking of complaints and their disposition.

(6) Implement a process for appropriate and timely enforcement against illegally operating household movers, including performing staff-driven investigations and enforcement through sting operations and other forms of presence in the field.

(7) Maintain relationships with, and implement outreach and education programs to, local law enforcement, district attorneys, and airports, and coordinate with law enforcement agencies pursuant to subdivision (d) of Section 19283.1.

(8) Meet with household mover trade associations at least annually.

(9) Implement a consolidated case tracking system that integrates each of the transportation program core functions and data collection, administrative compliance details, complaints, and investigations.

article: 1. General Provisions and Definitions


text:
(a) All moneys in the Household Movers Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1, 2026, the Household Movers Fund shall be abolished.

(b) This section shall remain in effect only until December 31, 2026, and as of that date is repealed.

history: (History: Added by Stats. 2023, Ch. 508, Sec. 43. (SB 814) Effective January 1, 2024. Repealed as of December 31, 2026, by its own provisions.)

article: 1. General Provisions and Definitions


text: This chapter shall not be construed as a regulation of commerce with foreign nations or among the several states, except insofar as those regulations are not prohibited under the provisions of the United States Constitution and the acts of the Congress of the United States.

article: 1. General Provisions and Definitions


text: The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of clerical, inspection, investigation, and auditing personnel, as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.

article: 1. General Provisions and Definitions


text: Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

article: 1. General Provisions and Definitions


text: A household mover shall not engage in the business of transportation of used household goods and personal effects for compensation by motor vehicle over any public highway in this state, except in accordance with the provisions of this chapter, which is enacted under the power of the state to regulate the use of public highways.

article: 2. Regulation of Household Movers

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 2. Regulation of Household Movers


text:
(a) Each household mover shall display on each vehicle operated by it an identification symbol in the form and in accordance with rules and regulations prescribed by the bureau. The identifying symbols displayed by household movers subject to the Interstate Commerce Commission Order Ex Parte No. MC-41, Identification of Motor Carrier Vehicles, November 17, 1954, effective January 3, 1955, shall serve in lieu of the display requirements of this section, if the identifying symbols have been recorded by the household mover with the bureau.

(b) For motor vehicles first registered in this state on or after January 1, 1985, the identifying symbol shall be displayed on both the left and right doors of the cab of the vehicle.

article: 2. Regulation of Household Movers


text:
(a) A household mover shall not engage, or attempt to engage, in the business of the transportation of used household goods and personal effects by motor vehicle over any public highway in this state, including by any means or media, advertising, soliciting, offering, arranging as a broker, or entering into an agreement regarding the transportation of used household goods and personal effects, unless both of the following are satisfied:

(1) For transportation of household goods and personal effects within this state, there is in force a permit issued by the bureau authorizing those operations. Permits issued by the Public Utilities Commission pursuant to the former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code, that are valid and effective on the operative date of this chapter, shall remain in effect, subject to this chapter, for a period of not more than two years after the operative date of this chapter, or until the time the bureau issues, reissues, renews, suspends, revokes, or otherwise alters or amends the permit, whichever occurs earlier.

(2) (A) For transportation of household goods and personal effects from this state to another state or from another state to this state, there is in force a valid operating authority issued by the Federal Motor Carrier Safety Administration.

(B) An applicant whose principal place of business is not in this state shall not be required to meet the residency requirements pursuant to Section 19239 and shall file with the bureau its designation of persons upon whom court or agency process may be served in this state that the household mover made pursuant to Part 366 of Title 49 of the Code of Federal Regulations.

(C) If the applicant only conducts interstate household moves, the applicant shall not be required to take the examination pursuant to Section 19239 and shall file an affidavit with the bureau stating it shall not conduct any intrastate household moves in this state.

(b) A household mover that engages, or attempts to engage, in the business of the transportation of used household goods and personal effects in violation of subdivision (a) shall not enforce any security interest or bring or maintain any action in law or equity to recover any money or property or obtain any other relief from any consignor, consignee, or owner of household goods or personal effects in connection with an agreement to transport, or the transportation of, household goods and personal effects or any related services. A person who utilizes the services of a household mover operating in violation of subdivision (a) may bring an action in any court of competent jurisdiction in this state to recover all compensation paid to that household mover.

(c) The operation of a motor vehicle used in the business of transporting household goods and personal effects by a household mover that does not possess a valid permit or operating authority, as required by subdivision (a), constitutes a public nuisance. Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove any motor vehicle located within the territorial limits in which the officer may act, when the vehicle is found upon a highway and is being used in a manner constituting a public nuisance. At the request of the bureau, the Attorney General, or a district attorney, city attorney, or county counsel, the law enforcement agency may impound the vehicle for a period not to exceed 72 hours to enable the requesting agency to abate the public nuisance, to obtain an order from the superior court of the county in which the vehicle has been impounded to prevent the use of the motor vehicle in violation of law, and to obtain any other remedy available under law as permitted by Section 19282.

(d) Any person having possession or control of used household goods or personal effects, who knows, or through the exercise of reasonable care should know, that a household mover transported those household goods or personal effects in violation of subdivision (a), shall release the household goods and personal effects to the consignor or consignee, as defined in Section 19245, upon the request of the consignor or consignee. If that person fails to release the household goods and personal effects, any peace officer, as defined in subdivision (c), may take custody of the household goods and personal effects and release them to the consignor or consignee.

(e) The bureau shall identify household movers that are authorized to conduct intrastate and interstate moves in the state on its internet website.

history: (History: Amended by Stats. 2024, Ch. 481, Sec. 23. (SB 1451) Effective January 1, 2025.)

article: 2. Regulation of Household Movers


text:
(a) To obtain an original permit, an applicant shall submit to the bureau an application in writing, on a form containing information prescribed by the bureau, which is verified under oath, and accompanied by proof of service upon those interested parties, as required by the bureau. The bureau shall require the applicant to attest in the application to facts demonstrating that the applicant is not barred by law or court order from acting as a household mover.

(b) The application shall be accompanied by the fee fixed pursuant to this chapter.

article: 2. Regulation of Household Movers


text:
(a) Before a permit is issued, the bureau shall require the applicant to establish ability and reasonable financial responsibility to initiate the proposed operations. The bureau shall require the applicant to establish their knowledge and ability to engage in business as a household mover by examination. The examination may be written or oral, or in the form of a demonstration of skill, or any combination of these, and any investigation of character, experience, and any tests of technical knowledge and manual skill that the bureau determines to be appropriate may be employed. In any examination, the qualification of the applicant shall be determined by an appraisal made by a member of the bureau’s staff. The criteria used by the bureau staff in making the required appraisal to determine whether the applicant has met the qualifications shall be established by the bureau by rule or regulation, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. An applicant who has been determined to be unqualified may establish their qualifications through a subsequent examination, but no subsequent examination shall be taken prior to 30 days from the date when the applicant was found to be unqualified. If the staff member determines that the applicant is not qualified and denies the application, the bureau shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written request with the bureau for a hearing on the denial. Upon receipt of a timely filed request, the bureau shall request that the matter be set for a hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein. If the staff member determines that the applicant is qualified, the bureau may issue a permit without a hearing.

(b) An applicant may qualify in one of the following ways:

(1) If an individual, they may qualify by personal examination or by examination of their responsible managing employee.

(2) If a partnership or corporation, or any other type of business organization, it may qualify by examination of the responsible managing officer, an employee who works at least 32 hours per week, or a partner of the applicant firm.

(c) If the individual qualified by examination ceases to be connected with the permitholder, the permitholder shall notify the bureau in writing within 30 days after the cessation. If notice is given, the permit shall remain in force a reasonable length of time in order that another representative of the applicant may be qualified before the bureau. If the permitholder fails to notify the bureau of the cessation within a 30-day period, at the end of that period the permit shall be automatically suspended.

(d) The bureau shall require each applicant for a permit as a household mover, as defined in Section 19225.5, to undergo a fingerprint-based state and national criminal history background check.

(1) The bureau shall submit to the Department of Justice fingerprint images and related information for each individual owner of an applicant, if the applicant is an individual or sole proprietorship, each partner, if the applicant is a partnership, each officer and director, if the applicant is a corporation, or each member and manager, if the applicant is a limited liability company, pursuant to subdivision (u) of Section 11105 of the Penal Code. The fingerprint images and related information shall be submitted for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests, and information as to the existence and content of a record of state and federal convictions and arrests for which the Department of Justice establishes that the person is free on bail or on their own recognizance, pending trial or appeal.

(2) The Department of Justice shall provide a response to the bureau pursuant to subdivision (p) of Section 11105 of the Penal Code.

(3) The bureau shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for applicants.

(4) The Department of Justice shall charge the applicant a fee sufficient to cover the reasonable cost of processing the requests described in this subdivision.

(e) The bureau may require, as a precondition to the issuance of a permit, the procurement of a performance bond sufficient to facilitate the collection of fines, penalties, and restitution related to enforcement actions that can be taken against the applicant.

(f) The bureau may refuse to issue a permit if it is shown that an applicant or an officer, director, partner, or associate of an applicant has committed any act constituting dishonesty or fraud; committed any act that, if committed by a permitholder, would be grounds for a suspension or revocation of the permit; misrepresented any material fact on the application; or, was convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession, except that if the bureau determines that the applicant is otherwise suitable to be issued a permit, and granting the permit would not compromise public safety, the bureau shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review.

(g) A permit shall not be issued unless it has been shown that the applicant meets one of the following residence requirements:

(1) For an individual, the applicant shall have resided in the State of California for not less than 90 days next preceding the filing of the application.

(2) For a partnership, the partner having the largest percentage interest in the partnership shall have resided in the State of California continuously for not less than 90 days next preceding the filing of the application.

(3) For a limited liability company or a corporation, the applicant shall be a domestic limited liability company or a domestic corporation or shall be qualified to transact business in the State of California as a foreign limited liability company or a foreign corporation at the time of filing the application.

(h) The bureau shall prescribe, amend, and repeal rules in accordance with law for the administration of this section.

(i) If the bureau denies an application, the bureau shall notify the applicant in writing. Within 30 days of service of the notice, the applicant may file a written request with the bureau for a hearing on the denial. Upon receipt of a timely filed request, the bureau shall request that the matter be set for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein.

history: (History: Amended by Stats. 2025, Ch. 113, Sec. 21. (SB 160) Effective September 17, 2025.)

article: 2. Regulation of Household Movers


text:
(a) Except as provided for in subdivision (b), every household mover, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a permit, shall have on file with the bureau a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance in the applicant’s or permitholder’s business name. A Certificate of Workers’ Compensation Insurance shall be issued and filed, electronically or otherwise, by an insurer duly licensed to write workers’ compensation insurance in this state. If reciprocity conditions exist, as provided in Section 3600.5 of the Labor Code, the bureau shall require the information deemed necessary to ensure compliance with this section.

(b) This section does not apply to an applicant or permitholder who has no employees, provided that the applicant or permitholder files a statement, under penalty of perjury, stating that, in its operations as a household mover, it does not employ any person in any manner so as to become subject to the workers’ compensation laws of this state.

(c) The workers’ compensation coverage certified to under subdivision (a) shall be effective until canceled. Cancellation shall require 30 days’ advance notice. A workers’ compensation insurer shall also report to the bureau a permitholder whose workers’ compensation insurance policy is canceled by the insurer if all of the following conditions are met:

(1) The insurer has completed a premium audit or investigation.

(2) A material misrepresentation has been made by the insured that results in financial harm to the insurer.

(3) No reimbursement has been paid by the insured to the insurer.

(d) If, after filing the statement described in subdivision (b), the household mover becomes subject to the workers’ compensation laws of this state, the household mover shall promptly notify the bureau that the household mover is withdrawing its statement under subdivision (b), and shall simultaneously file the certificate described in subdivision (a).

(e) The insurer, including the State Compensation Insurance Fund, shall report to the bureau the following information for any policy required under this section: name, license number, policy number, and dates that coverage is scheduled to commence and lapse, and cancellation date, if applicable.

article: 2. Regulation of Household Movers


text:
(a) The bureau shall accept a certificate required by Section 19239.1 as of the effective date shown on the certificate, if the certificate is received by the bureau within 90 days after that date, and shall reinstate the permit to which the certificate pertains, if otherwise eligible, retroactive to the effective date of the certificate.

(b) Notwithstanding subdivision (a), the bureau shall accept the certificate as of the effective date shown on the certificate, even if the certificate is not received by the bureau within 90 days after that date, upon a showing by the permitholder, on a form acceptable to the bureau, that the failure to have a certificate on file was due to circumstances beyond the control of the permitholder. The bureau shall reinstate the permit to which the certificate pertains, if otherwise eligible, retroactive to the effective date of the certificate.

article: 2. Regulation of Household Movers


text: The bureau shall not issue or authorize the transfer of any permit under this chapter to any person or corporation against whom a final judgment has been entered and whose name has been transmitted to the bureau pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States.

article: 2. Regulation of Household Movers


text:
(a) The failure of a permitholder to obtain or maintain workers’ compensation insurance coverage, if required under this chapter, shall result in the suspension of the permit by operation of law in accordance with the provisions of this section, but this suspension shall not affect, alter, or limit the status of the permitholder as an employer for purposes of Section 3716 of the Labor Code.

(b) The permit suspension imposed by this section is effective upon the earlier of either of the following:

(1) On the date that the relevant workers’ compensation insurance coverage lapses.

(2) On the date that workers’ compensation coverage is required to be obtained.

(c) A permitholder who is subject to suspension under paragraph (1) of subdivision (b) shall be provided a notice by the bureau that includes all of the following:

(1) The reason for the permit suspension and the effective date.

(2) A statement informing the permitholder that a pending suspension will be posted to the permit record for not more than 45 days prior to the posting of any permit suspension periods required under this article.

(3) The procedures required to reinstate the permit.

(d) Reinstatement may be made at any time following the suspension by showing proof of compliance as specified in Sections 19239.1 and 19239.3.

(e) With respect to an unpermitted individual acting in the capacity of a household mover who is not exempt from the provisions of this chapter, a citation may be issued by the bureau for failure to comply with this article and to maintain workers’ compensation insurance.

article: 2. Regulation of Household Movers


text:
(a) Each original application for issuance of a permit under this chapter shall be accompanied by a fee of five hundred dollars ($500). The holder of a permit issued by the Public Utilities Commission pursuant to former Chapter 7 (commencing with Section 5101) of Division 2 of the Public Utilities Code that is valid and effective as of July 1, 2018, shall not be required to submit a new application fee until the time the permitholder submits a new application.

(b) An application for transfer of a permit shall be accompanied by a fee of one hundred fifty dollars ($150).

(c) The fees described in this section shall be superseded by the fees adopted by the bureau on or before January 1, 2023, pursuant to Section 19288.

(d) All fees paid to the bureau under this chapter shall be deposited in the fund.

article: 2. Regulation of Household Movers


text:
(a) A household mover, under its permit, may also transport used office, store, and institution furniture and fixtures. The bureau shall not regulate the service, routes, or prices charged for the transportation of used office, store, and institution furniture and fixtures by a household mover. The bureau shall do nothing under this section that is in conflict with federal law as contained in Section 14501 of Title 49 of the United States Code.

(b) If a household mover elects to transport used office, store, and institution furniture and fixtures under its household mover permit, all of the following apply:

(1) A permit is not needed from the Department of Motor Vehicles under the Motor Carriers of Property Permit Act (Division 14.85 (commencing with Section 34600) of the Vehicle Code) to conduct that transportation.

(2) The transportation is subject to the bureau’s safety and insurance requirements, except that the cargo insurance requirements of subdivision (c) of Section 19248 shall not apply.

(3) The household mover shall pay the applicable fees specified in this chapter.

(c) To exercise the election pursuant to this section, a household mover shall notify the bureau of the election or the revocation of that election by filing a notice with the bureau in the manner and on the form prescribed by the bureau. If a household mover does not elect to be subject to the provisions of this section or revokes a prior election to do so, the household mover shall comply with the provisions of the Motor Carriers of Property Permit Act when transporting used office, store, and institution furniture and fixtures.

article: 2. Regulation of Household Movers


text: The bureau shall establish rules and regulations governing the notification to shippers of any delay in the delivery of goods beyond the date agreed to by the household mover and the shipper, if any, at the time the service was undertaken. All household movers shall observe such rules and regulations and the failure to do so is unlawful.

article: 2. Regulation of Household Movers


text:
(a) The bureau may establish rules for the performance of any service of the character furnished or supplied by household movers. Every household mover shall observe these rules. Failure to do so is unlawful. A violation of the chapter or the bureau’s rules may be grounds for discipline.

(b) The bureau shall establish rules to authorize an electronic form of documents required by this chapter, consistent with the purpose of the document and if the household mover and the customer agree to the use of an electronic form.

article: 2. Regulation of Household Movers


text: It is unlawful for the owner of a household mover motor vehicle employing or otherwise directing the driver of the vehicle to permit the operation of the vehicle upon any public highway for compensation without first having obtained from the bureau a permit pursuant to this chapter or without first having complied with the vehicle identification requirements of Section 19236 or with the accident liability protection requirements of Section 19248.

article: 2. Regulation of Household Movers


text:
(a) Except as provided in Section 19237, a household mover in compliance with this chapter has a carrier’s lien on used household goods and personal effects to secure payment of the amount specified in subdivision (b) for transportation and additional services ordered by the consignor. A carrier’s lien does not attach to food, medicine, or medical devices, items used to treat or assist an individual with a disability, or items used for the care of a minor child.

(b) (1) The amount secured by the carrier’s lien is the maximum total dollar amount for the transportation of the household goods and personal effects and any additional services, including any bona fide change order permitted under the rules and regulations administered by the bureau, that is set forth clearly and conspicuously in writing adjacent to the space reserved for the signature of the consignor and that is agreed to by the consignor before any goods or personal effects are moved from their location or any additional services are performed.

(2) The dollar amount for the transportation of household goods and personal effects and additional services shall not be preprinted on any form, shall be just and reasonable, and shall be established in good faith by the household mover based on the specific circumstances of the services to be performed.

(c) Upon tender to the household mover of the amount specified in subdivision (b), the carrier’s lien is extinguished, and the household mover shall release all household goods and personal effects to the consignee.

(d) A household mover may enforce the carrier’s lien on household goods and personal effects provided in this section except as to any goods that the household mover voluntarily delivers or unjustifiably refuses to deliver. The carrier’s lien shall be enforced in the manner provided in this section and Chapter 6 (commencing with Section 9601) of Division 9 of the Commercial Code for the enforcement of a security interest in consumer goods in a consumer transaction. To the extent of any conflict between this section and Chapter 6 (commencing with Section 9601) of Division 9 of the Commercial Code, this section shall prevail. Every act required in connection with enforcing the carrier’s lien shall be performed in good faith and in a commercially reasonable manner.

(e) The household mover shall provide a notification of disposition at least 30 days prior to any disposition to each consignor and consignee by personal delivery, or in the alternative, by first-class and certified mail, postage prepaid and return receipt requested, at the address last known by the household mover and at the destination address, and by electronic mail if an electronic mail address is known to the household mover. If any of the required recipients of notice are married to each other, and according to the household mover’s records, reside at the same address, one notice addressed to both shall be sufficient. Within 14 days after a disposition, the household mover shall provide to the consignors any surplus funds from the disposition and an accounting, without charge, of the proceeds of the disposition.

(f) A person having possession or control of household goods or personal effects, who knows, or through the exercise of reasonable care should know, that the household mover has been tendered the amount specified in subdivision (b), shall release the household goods and personal effects to the consignor or consignee, upon the request of the consignor or consignee. If the person fails to release the household goods and personal effects to the consignor or consignee, any peace officer, as defined in subdivision (c) of Section 19237, may take custody of the household goods and personal effects and release them to the consignor or consignee.

(g) This section does not affect any rights, if any, of a household mover to claim additional amounts, on an unsecured basis, or of a consignor or consignee to make or contest any claim, and tender of payment of the amount specified in subdivision (b) is not a waiver of claims by the consignor or consignee.

(h) A person injured by a violation of this section may bring an action for the recovery of the greater of one thousand dollars ($1,000) or actual damages, injunctive or other equitable relief, reasonable attorney’s fees and costs, and exemplary damages of not less than three times the amount of actual damages for a willful violation.

(i) A waiver of this section shall be void and unenforceable.

(j) Notwithstanding any other law, this section exclusively establishes and provides for a carrier’s lien of a household mover on used household goods and personal effects to secure payment for transportation and additional services ordered by the consignor.

(k) For purposes of this section, the following terms have the following meanings:

(1) “Consignor” means the person named in the bill of lading as the person from whom the household goods and personal effects have been received for shipment and that person’s agent.

(2) “Consignee” means the person named in the bill of lading to whom or to whose order the household mover is required to make delivery as provided in the bill of lading and that person’s agent.

(l) A document required by this section may be in an electronic form, if agreed upon by the household mover and the customer.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 14. (SB 1289) Effective January 1, 2019.)

article: 2. Regulation of Household Movers


text:
(a) For purposes of this section, the following terms have the following meanings:

(1) “Consignor” means the person named in the bill of lading as the person from whom the household goods and personal effects have been received for shipment and that person’s agent.

(2) “Consignee” means the person named in the bill of lading to whom or to whose order the household mover is required to make delivery as provided in the bill of lading and that person’s agent.

(b) Any household mover engaged in the business of transportation of used household goods and personal effects by motor vehicle over any public highway in this state shall provide each consignor with a completed copy of the notice set forth in this section. The notice shall be printed in at least 12-point type, except the title and first two paragraphs which shall be printed in boldface type, and provided to each consignor at least three days prior to the date scheduled for the transportation of household goods or personal effects. If the consignor requests services on a date that is less than three days before the scheduled date for transportation of the household goods or personal effects, the household mover shall provide the notice as soon as practicable, but in no event may the household mover commence any services until the consignor has signed and received a signed copy of the notice. The household mover shall obtain sufficient information from the consignor to fill out the form and shall include the correct maximum amount and a sufficient description of services that will be performed. The household mover shall retain a copy of the notice, signed by the consignor, for at least three years from the date the notice was signed by the consignor.

(c) Any waiver of the requirements of this section is void and unenforceable.

(d) For transportation services provided by a household mover, the “Not To Exceed” amount set forth in the notice and the agreement between the household mover and the consignor shall be the maximum total dollar amount for which the consignor may be liable for the transportation of household goods and personal effects and any additional services ordered by the consignor, including any bona fide change order permitted under the rules and regulations administered by the bureau, and agreed to by the consignor before any goods or personal effects are moved from their location or any other services are performed.

(e) A household mover may provide the notice set forth in this section either as a separate document or by including it as the centerfold of the informational booklet that the household mover is required to provide the consignor under the rules and regulations administered by the bureau. If the household mover provides the notice as part of the informational booklet, the booklet shall contain a tab that extends beyond the edge of the booklet at the place where the notice is included. The statement “Important Notice” shall be printed on the tab in at least 12-point boldface type. In addition, the statement “Customer Must Read And Sign The Important Notice In The Middle Of This Booklet Before A Move Can Begin” shall be set forth in 14-point boldface type on the front cover of the booklet.

(f) The notice provided the consignor shall be in the following form: “IMPORTANT NOTICE ABOUT YOUR MOVE“IT IS VERY IMPORTANT THAT YOU ONLY AGREE TO A “NOT TO EXCEED” AMOUNT THAT YOU THINK IS A PROPER AND REASONABLE FEE FOR THE SERVICES YOU ARE REQUESTING. THE “NOT TO EXCEED” AMOUNT THIS MOVER IS REQUESTING IS $____________________ TO PERFORM THE FOLLOWING SERVICES: ____________________________________________________________ ____________________________________________________________ ___________________________________________________________.

“IF YOU DO NOT AGREE TO THE “NOT TO EXCEED” AMOUNT LISTED OR THE DESCRIPTION OF SERVICES, YOU HAVE THE RIGHT TO REFUSE THE MOVER’S SERVICE AT NO CHARGE TO YOU. “If you request additional or different services at the time of the move, you may be asked to complete a Change Order which will set forth your agreement to pay for additional fees for those newly requested services. If you agree to the additional charges on that Change Order, those charges may be added to the “NOT TO EXCEED” amount set forth above. If you do not agree to the amounts listed in the Change Order, you should not sign it and may refuse the mover’s services.“A mover cannot refuse to release your goods once you have paid the “NOT TO EXCEED” amount for the transportation of your goods and personal effects and any additional services that you have agreed to in writing. The “NOT TO EXCEED” amount must be reasonable.“A mover cannot, under any circumstances, withhold food, medicine, medical devices, items to treat or assist a disabled person, or items used for care of a minor child. A mover without a valid permit has no right to withhold your goods for any reason, including claims that you have not adequately paid for services rendered.“For additional information or to confirm whether a mover has a valid permit issued by the Division of Household Movers of the Bureau of Household Goods and Services, please call the Bureau toll free at:Insert toll-free number. “I have completed this form and provided the consumer (shipper) with a copy of this notice. “Signed ________________________ Dated __________________ “I have been provided with a copy of this form. “Signed ________________________ Dated _________________” (g) Any document required by this section may be in an electronic form, if agreed upon by the household mover and the customer.

history: (History: Amended by Stats. 2018, Ch. 578, Sec. 34. (SB 1483) Effective January 1, 2019.)

article: 2. Regulation of Household Movers


text: Every household mover shall add a prominent link to its Internet Web site that immediately directs all consumers to the bureau’s Internet Web site.

article: 2. Regulation of Household Movers


text:
(a) The bureau, in granting permits pursuant to this chapter, shall require a household mover to procure, and continue in effect during the life of the permit, adequate protection against liability imposed by law upon the household mover for the payment of damages for personal bodily injuries, including death resulting therefrom, and property damage in the following amounts:

(1) Not less than two hundred fifty thousand dollars ($250,000) on account of bodily injuries to or death of one person.

(2) Not less than five hundred thousand dollars ($500,000) on account of bodily injuries to or death of more than one person as a result of any one accident. The recovery of each person is subject to the limitation contained in paragraph (1).

(3) Not less than one hundred thousand dollars ($100,000) for one accident resulting in damage to or destruction of property, other than property being transported by the household mover for any shipper or consignee, whether it is the property of one or more than one claimant.

(4) Not less than six hundred thousand dollars ($600,000) on account of bodily injuries to or death of one or more persons and damage to or destruction of property, other than property being transported by the household mover for any shipper or consignee, whether it is the property of one or more than one claimant, in any one accident.

(b) The bureau may increase the minimum level of public liability and property damage protection required by this section if necessary to provide adequate protection.

(c) The bureau shall require all household movers to procure and continue in effect during the life of the permit cargo insurance in the amount of twenty thousand dollars ($20,000). However, upon a showing before the bureau by a household mover that a lesser amount of cargo insurance adequately protects the public, and a finding by the bureau to that effect, the bureau may authorize the household mover to procure and continue in effect during the life of the permit the lesser amount of insurance.

article: 3. Accident Liability Protection

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 3. Accident Liability Protection


text:
The protection required under this article shall be evidenced by the deposit of any of the following with the bureau covering each vehicle used or to be used under the permit applied for:

(a) A policy of insurance, issued by a company licensed to write such insurance in this state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if the policies meet the rules and regulations administered by the bureau.

(b) A bond of a surety company licensed to write surety bonds in the state.

(c) Any evidence of the qualification of the household mover as a self-insurer as may be authorized by the bureau.

article: 3. Accident Liability Protection


text: With the consent of the bureau, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy of the policy, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the bureau in lieu of the original or a duplicate or counterpart of the policy.

history: (History: Amended by Stats. 2018, Ch. 92, Sec. 15. (SB 1289) Effective January 1, 2019.)

article: 3. Accident Liability Protection


text: The protection against liability shall be continued in effect during the active life of the permit. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the bureau.

article: 3. Accident Liability Protection


text: The bureau may establish such rules and regulations as are necessary to enforce this article.

article: 3. Accident Liability Protection


text:
(a) The bureau shall establish or approve maximum or minimum or maximum and minimum rates to be charged by household movers for the transportation of used household goods and personal effects and for accessorial service performed in connection with the transportation.

(b) In establishing or approving rates, the bureau shall account for the cost of all transportation service performed or to be performed, for any accessorial service performed or to be performed in connection with transportation, the value of the commodity transported, and the value of the equipment, facilities, and personnel reasonably necessary to perform the service. In determining rates, the bureau shall conduct a rate study and provide an opportunity for public comment. The bureau shall determine final rates based on the study and comments received during public review.

(c) The bureau shall establish or approve no minimum rate for household movers unless it finds that the rate is at a sufficient level to allow safe operation upon the highways of the state and accounts for the cost of trained drivers and other reasonable expenses of operation of household movers.

(d) Until the operative date of rules or regulations of the bureau establishing or approving rates, the bureau shall enforce and administer the rates and rules set forth in the Public Utilities Commission’s Maximum Rate Tariff 4, as most recently amended as of July 1, 2018, by the Public Utilities Commission.

article: 4. Rates

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 4. Rates


text: A household mover shall not advertise, quote, or charge a rate or an amount for the transportation of used household goods and personal effects that is based on the amount of cubic feet or other volumetric unit measurement of those household goods and effects. In addition to any other remedy, a household mover that violates this section shall not be entitled to any compensation for the transportation of the household goods and effects and shall make restitution to the shipper of any compensation collected.

article: 4. Rates


text: The bureau may establish procedures by which any household mover may charge or collect a greater rate than the maximum rate established under this chapter.

article: 4. Rates


text: The bureau shall make any rules that are necessary to the application and enforcement of the rates established or approved pursuant to this chapter.

article: 4. Rates


text: A household mover shall not directly or indirectly pay any commission to a shipper, consignee, or the employee thereof, or to the payer of the transportation charges, or refund, or remit to those persons, in any manner or by any device any portion of the rates or charges so specified, except upon authority of the bureau.

article: 4. Rates


text: No household mover, no officer or agent of a household mover, and no person acting for or employed by a household mover shall, by means of known false billing, classification, weight, weighing or report of weight, or by any other device, assist, suffer, or permit any corporation or person to obtain transportation for any property between points within this state at rates less than the minimum rates or more than the maximum rates then established, approved, or administered by the bureau.

article: 4. Rates


text: No person, no corporation, and no officer, agent, or employee of a corporation shall, by means of false billing, false or incorrect classification, false weight or weighing, false representation as to the content or substance of a package, or false report or statement of weight, or by any other device or means, whether with or without the consent or connivance of a household mover, or any of its officers, agents, or employees, seek to obtain or obtain transportation for property at less than the minimum rates or charges or more than the maximum rates or charges established, approved, or administered by the bureau.

article: 4. Rates


text: No person, no corporation, and no officer, agent, or employee of a corporation, shall knowingly, directly or indirectly by any false statement or representation as to cost or value or the nature or extent of damage, or by the use of any false billing, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, or upon any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, rebate, or payment for damage in connection with or growing out of the transportation of property subject to this chapter, or an agreement to transport property subject to this chapter, whether with or without the consent or connivance of a household mover, or any of its officers, agents, or employees. No household mover and no officer, agent, or employee of a household mover shall knowingly pay or offer to pay any such allowance, rebate, or claim for damage.

article: 4. Rates


text:
(a) Each household mover maintaining an office or place of business within this state and offering intrastate service shall keep in that office or place of business all books, accounts, papers, and records required by the bureau to be kept within this state. Those books, accounts, papers, or records shall not be, at any time, removed from the state except upon such conditions as the bureau prescribes. Household movers performing intrastate service as household movers that do not maintain an office or place of business within this state shall make books, accounts, papers, and records pertaining to the intrastate service available to the bureau at its request at a place designated within this state for examination by the bureau, or in the alternative reimburse the bureau for the actual expense of examining those books, accounts, papers, or records at the place outside of the state where those records are kept.

(b) The bureau may require annual, periodic, or special reports to be filed by all household movers, may prescribe the manner and form in which reports shall be made, and may require specific answers to all questions upon which the bureau deems information to be necessary. The reports shall be under oath whenever the bureau so requires.

article: 5. Reports, Records, and Inspections

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 5. Reports, Records, and Inspections


text: The bureau may require any household mover to file with it a true copy of any contract, agreement, or arrangement between the household mover and any other household mover in relation to any traffic affected by this chapter.

article: 5. Reports, Records, and Inspections


text: The bureau may prescribe the forms of any accounts, records, and memoranda, including those pertaining to the movement of traffic and the receipt or expenditure of money, to be kept by household movers, and the length of time the accounts, records, and memoranda shall be preserved.

article: 5. Reports, Records, and Inspections


text: If the bureau has prescribed the forms of accounts, records, and memoranda to be kept by a household mover for any of its business, it is unlawful for any household mover to keep any accounts, records, or memoranda for that business other than those so prescribed or those prescribed by or under the authority of any other state or of the United States, excepting those accounts, records, or memoranda that are explanatory of and supplemental to the accounts, records, or memoranda prescribed by the bureau.

article: 5. Reports, Records, and Inspections


text: The bureau and its authorized employees, representatives, and inspectors shall at all times have access to all lands, buildings, and equipment of household movers used in connection with the operation of their businesses as household movers in this state, and also all accounts, records, and memoranda, including all documents, books, papers, and correspondence kept or required to be kept by household movers, and may photocopy or electrostatically or photostatically reproduce at the bureau’s expense any of these accounts, records, memoranda, documents, books, papers, and correspondence at either the premises of the household mover or the offices of the bureau. A household mover may determine whether the copying or reproduction is done at its premises or at the offices of the bureau, and if copying or reproduction expenses are incurred by the household mover, the bureau shall, upon request, reimburse the household mover for the expenses.

article: 5. Reports, Records, and Inspections


text: The employees, representatives, and inspectors of the bureau may inspect and examine any lands, buildings, equipment, accounts, books, records, and memoranda, including all documents, papers, and correspondence kept or required to be kept by household movers.

article: 5. Reports, Records, and Inspections


text: Sections 19258 to 19260.3, inclusive, shall, to the extent deemed necessary by the bureau, apply to persons having control, direct or indirect, over or persons affiliated with any household mover.

article: 5. Reports, Records, and Inspections


text:
(a) Every household mover shall furnish to the bureau annually, as specified by the bureau, a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year. The bureau shall furnish a copy of this list to the Department of the California Highway Patrol and to the household mover’s insurer, if the household mover’s accident liability protection is provided by a policy of insurance.

(b) If the household mover’s insurer informs the bureau that the household mover has failed to obtain insurance coverage for any vehicle reported on the list, the bureau may, in addition to any other applicable penalty provided in this chapter, for a first occurrence, suspend the household mover’s permit, or impose a fine, or both, and for a second or subsequent occurrence may suspend or revoke the permit, or impose a fine, or both.

article: 5. Reports, Records, and Inspections


text: A claim against a household mover for loss or damage of goods shall not be denied solely because the lost or damaged goods were not noted at the time of delivery. Whenever a household mover requires a signed statement acknowledging delivery and receipt of goods, the statement shall not include any representation that the goods were delivered in satisfactory condition, but shall include a notice that the shipper may file a claim with the household mover for lost or damaged goods.

article: 5.3. Delivery and Claims

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 5.3. Delivery and Claims


text:
A household mover shall not transport household goods under a subhauling agreement unless each of the following occurs:

(a) The subhauler is permitted by the bureau to transport household goods and complies with the requirements of this chapter.

(b) The household mover and subhauler are jointly and severally liable for any loss or damage caused by the subhauler.

article: 5.4. Subhauling Agreements

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 5.4. Subhauling Agreements


text: The bureau shall adopt any rules and regulations it determines to be necessary to enforce the requirements of this article.

article: 5.4. Subhauling Agreements


text: This article does not apply to a subhauling agreement when the subhauler is not otherwise subject to this chapter for activity related to the subhauling agreement.

article: 5.4. Subhauling Agreements


text: The bureau shall establish rules and regulations controlling the estimates given by a household mover to a shipper of the charges the household mover would make to perform services covered by this chapter. All household movers shall observe those rules and regulations and the failure to do so is unlawful. The bureau shall make such rules and regulations as are necessary to the application and enforcement of rules and regulations established pursuant to this section.

article: 5.5. Estimates

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 5.5. Estimates


text:
(a) Except as otherwise provided in this chapter, all proceedings under this chapter to deny, suspend, amend, revoke, or place on probation a permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) A citation or fine assessment issued pursuant to a citation shall inform the household mover that, if he or she desires a hearing to contest a finding of a violation, the hearing shall be requested by written notice to the bureau within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

article: 6. Proceedings

path: 8. SPECIAL BUSINESS REGULATIONS > 3.1. Household Movers Act > 6. Proceedings


text: Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover is failing or omitting, or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction, or requirement administered by the bureau, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, regulation, direction, or requirement administered by the bureau, the bureau may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to make an application to the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides for the purpose of having the violations or threatened violations stopped and prevented, either by mandamus or injunction, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the household mover’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle. Any action or proceeding brought pursuant to this section by the Attorney General, or a district attorney, county counsel, city attorney, or city prosecutor, as applicable, shall be brought in the name of the people of the State of California, by petition to the superior court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction.

article: 6. Proceedings


text:
(a) Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover has abandoned, or is abandoning, stored household goods or property of any shippers under contract with the household mover or movers, it may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to commence a proceeding in superior court for the purpose of having the court appoint either a receiver or bureau staff to identify the stored items of property, to take possession of the property, and to arrange the return of the property to its owners in accordance with the orders of the court and with regard for the protection of all property rights involved.

(b) The proceeding shall be brought in the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the person or corporation complained of has its principal place of business, or in which the person complained of resides. The proceeding shall be commenced in the name of the people of the State of California, by petition to the superior court, alleging the facts and circumstances involved and praying for appropriate relief by way of mandamus or injunction, or the appointment of a receiver, and authorizing the bureau to arrange for the hiring of a receiver who shall be required to comply with the requirements of Sections 566, 567, and 568 of the Code of Civil Procedure.

(c) The court may also appoint a receiver to manage the business of a household mover or movers and return property to its owner or owners upon a showing satisfactory to the court that the abandonment or threatened abandonment by the household mover jeopardizes property or funds of others in the custody or under the control of the household mover. The court may make any other order that it finds appropriate to protect and preserve those funds or that property.

(d) In the event a receiver is appointed by the court and the bureau is responsible for contracting for a receiver to carry out the duties authorized by this section, the bureau may contract on an emergency basis with a qualified person or corporation to serve as receiver under the conditions and guidelines set by the court. The contract for the receiver services may be executed by the bureau on an expedited basis. The receiver shall be paid from the fees collected pursuant to this chapter.

article: 6. Proceedings