TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 1 Introduction MODULE 2 Laws & Regulations MODULE 3 Enforcement Procedures MODULE 4 Legal Action MODULE 5 Legal Metrology MODULE 6 Field Standards & Test Equipment MODULE 7 Basic Weighing / Measuring Principles

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 8 Device Type Evaluation MODULE 9 Weighing Devices MODULE 10 Measuring Devices MODULE 11 Weighmaster Enforcement MODULE 12 Petroleum Products MODULE 13 Quantity Control MODULE 14 Service Agencies and Agents

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL Module Fourteen “SERVICE AGENCIES AND AGENTS” Fourteenth in a series of 14

General Overview This module will introduce you to the history, development, and current status of service agency registration and agent licensing It will also discuss their rights and responsibilities

Module Objectives Understand the purpose of agency and agent registration Be familiar with the current service agency law Be able to determine who is operating as a service agency or agent Understand the composition and purpose of the service agency advisory committee

History and Background Before 1974: n No control over repair of devices n Anyone could repair a device – often it was the weights and measures official n Only a W&M official could place the device into commercial service n Caused delays and inconvenience to device owners

History and Background n n Local ordinances and some sealers allowed registered repairman to place devices into service, pending sealer inspection Concern over registering in all 58 counties prompted new legislation

History and Background 1974 - 2000 1974 n First statewide registration program added to B&P Code n Authorized Repairman to place new and repaired devices into commercial service n Could remove sealer’s out of order tags (“red” tags) n Work completed to be identified n Required sealer notification within 24 hours

History and Background 1974 - 2000 1983 n Amendments permitted sealer to suspend repairman privileges in their county n Gave sealers some control in the state program

History and Background 1974 - 2000 Current Service Agency law took effect and included: Increased fees Exam for agent license Possess copy of Field Reference Manual Use certified standards

Service Agency Is any person or company who for hire or payment of any kind, repairs a commercial weighing or measuring device Properly registered agencies and licensed agents have certain rights or privileges not afforded to others These rights are accompanied by several legal responsibilities

Agency Responsibilities Agencies must: n Register with the Department of Food and Agriculture n Ensure that all agents in their employ have a current service agent license n Possess a Field Reference Manual n Notify the Department of hiring or firing of agents within 30 days n Provide certification documents for standards to sealer upon request n Notify sealer of repair of device within 24 hours

Agencies Rights Agencies are authorized to: Remove sealer’s ‘out of order’ tags (“red” tags) Place a correct device into commercial service

Placed-in-Service Report

Standards n Agencies must use suitable traceable standards n Currently standards must be certified every two years n Period of time may be increased with supporting statistical data They must conform with NIST 105 series handbook where applicable

Service Agent Must possess a valid license Must pass a written exam with a score of 70% or higher Exam tests a person’s knowledge of California Service Agency Law and Regulations Exam can be taken at any sealer’s office

Service Agent

Agent’s Responsibilities Agents must: n Possess a service agent license n Identify their work

Agent’s Responsibilities The agent must identify their work with an adhesive tag or label that shows the: Agent’s name and license number Registration and phone number of the agency Date the work was completed The format of the tag or label is not mandated Agent Name: _______ Agency Registration No. : _______ Agent License No. : _____ Agency Telephone No. : ________ Service/Repair Date: ____

Agent’s Responsibilities On devices where a security seal is required, the seal must show the agency registration number and the year

Disciplinary Action - State n Department may suspend agency registration for actions of its agents in violation of Division 5 n Registration may be suspended, revoked, or denied for violations of Chapter 5. 5 n Department must follow procedures in Chapter 5 of the Government Code

Disciplinary Action - County Suspension Sealer may suspend agency authorization to place devices into service or remove ‘out of order tag’ for violations of Division 5

Suspension - County Sealer must: Give written notification Specify alleged violations Date and give duration of suspension Name(s) of agent(s) affected Provide an opportunity for a hearing and legal representation Right to appeal

Suspension - County n Copy of proposed action to Department n Department may extend suspension to other counties

Enforcement Use Placed-in-Service Report as a tool: n Does it contain all required information? n Is the agency registered? n Is the agent licensed? n Notify Department of unregistered agency or unlicensed agent

Enforcement Ask for standards certification documents if you red tag a device for tolerance during a re-inspection Remember, tolerances are for the official, not the agent Take appropriate legal action against any violators

Types of Enforcement Civil Administrative Procedure Allows sealer to impose a penalty without court procedure Citation (Notice to Appear) Criminal filing for more serious violations Civil Filing Filed with the district attorney or California Attorney General

Advisory Committee The Committee was established in January 2003 and its purpose is to advise the Department in all matters concerning registration of service agencies Service Agency Committee Consists of Seven Members Number of Members Representing 2 Registered Service Agencies 2 County Sealers or Directors of Weights and Measures 1 Device Manufacturers 1 Industry Clients of Service Agencies 1 General Public

Summary Agencies and agents must Register Agents must be licensed Can remove “red” tags Can place devices into service Must notify sealer within 24 hours

Conclusion This training module has provided you with a better understanding of the Registered Service Agency Program and a deeper appreciation about their rights and responsibilities.

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL This Concludes Module 14 “Service Agencies & Agents”