TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

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COURSE CURRICULUMCOURSE 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 THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

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COURSE CURRICULUMCOURSE 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 THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL

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Fourteenth in a series of 14

Module FourteenModule Fourteen“SERVICE AGENCIES “SERVICE AGENCIES

AND AGENTS”AND AGENTS”

Module FourteenModule Fourteen“SERVICE AGENCIES “SERVICE AGENCIES

AND AGENTS”AND AGENTS”

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

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

General OverviewGeneral OverviewGeneral OverviewGeneral Overview

Be familiar with the current service agency law

Module ObjectivesModule ObjectivesModule ObjectivesModule Objectives

Understand the purpose of agency and agent registration

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 BackgroundHistory and BackgroundHistory and BackgroundHistory and Background

Before 1974:Before 1974:

No control over repair of devices

Anyone could repair a device – often it was the weights and measures official

Only a W&M official could place the device into commercial service

Caused delays and inconvenience to device owners

History and BackgroundHistory and BackgroundHistory and BackgroundHistory and Background

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 - 2000History and Background 1974 - 2000History and Background 1974 - 2000History and Background 1974 - 2000

19741974

First statewide registration program added to B&P Code

Authorized Repairman to place new and repaired devices into commercial service

Could remove sealer’s out of order tags (“red” tags)

Work completed to be identified

Required sealer notification within 24 hours

History and Background 1974 - 2000History and Background 1974 - 2000History and Background 1974 - 2000History and Background 1974 - 2000

19831983

Amendments permitted sealer to suspend repairman privileges in their county

Gave sealers some control in the state program

History and Background 1974 - 2000History and Background 1974 - 2000History and Background 1974 - 2000History and Background 1974 - 2000

20002000Current Service Agency law took effect and included:Current Service Agency law took effect and included:

Possess copy of Field Reference Manual

Exam for agent license

Use certified standards

Increased fees

Service AgencyService AgencyService AgencyService Agency

Is any person or company who for hire or payment of any kind, repairsrepairs 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 ResponsibilitiesAgency ResponsibilitiesAgency ResponsibilitiesAgency Responsibilities

Agencies must:Agencies must:

Register with the Department of Food and Agriculture

Ensure that all agents in their employ have a current service agent license

Possess a Field Reference Manual

Notify the Department of hiring or firing of agents within 30 days

Provide certification documents for standards to sealer upon request

Notify sealer of repair of device within 24 hours

Agencies RightsAgencies RightsAgencies RightsAgencies Rights

Agencies are authorized to:Agencies are authorized to:

Remove sealer’s ‘out of order’ tags (“red” tags)

Place a correct device into commercial service

Placed-in-Service ReportPlaced-in-Service ReportPlaced-in-Service ReportPlaced-in-Service Report

Agencies must use suitable traceable standards

Currently standards must be certified every two years

Period of time may be increased with supporting statistical data

They must conform with NIST 105 series handbook where applicableThey must conform with NIST 105 series handbook where applicable

StandardsStandardsStandardsStandards

Service AgentService AgentService AgentService 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 AgentService AgentService AgentService Agent

Agent’s ResponsibilitiesAgent’s ResponsibilitiesAgent’s ResponsibilitiesAgent’s Responsibilities

Agents must:Agents must:

Possess a service agent license

Identify their work

Agent’s ResponsibilitiesAgent’s ResponsibilitiesAgent’s ResponsibilitiesAgent’s Responsibilities

The agent must identify their work with an The agent must identify their work with an adhesive tag or label that shows the: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

Agent Name: ______________ Agency Registration No.: _____________

Agent License No.: _________ Agency Telephone No.:_______________

Service/Repair Date: ________

The format of the tag or label is not mandated

Agent’s ResponsibilitiesAgent’s ResponsibilitiesAgent’s ResponsibilitiesAgent’s Responsibilities

On devices where a security seal is required, the seal On devices where a security seal is required, the seal must show the agency registration number and the yearmust show the agency registration number and the year

Disciplinary Action - StateDisciplinary Action - StateDisciplinary Action - StateDisciplinary Action - State

Department may suspend agency registration for actions of its agents in violation of Division 5

Registration may be suspended, revoked, or denied for violations of Chapter 5.5

Department must follow procedures in Chapter 5 of the Government Code

Disciplinary Action - CountyDisciplinary Action - CountyDisciplinary Action - CountyDisciplinary Action - County

County Suspension

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

Suspension - CountySuspension - CountySuspension - CountySuspension - County

Sealer must: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 - CountySuspension - CountySuspension - CountySuspension - County

Copy of proposed action to Department

Department may extend suspension to other counties

EnforcementEnforcementEnforcementEnforcement

Use Placed-in-Service Report as a tool:Use Placed-in-Service Report as a tool:

Does it contain all required information?

Is the agency registered?

Is the agent licensed?

Notify Department of unregistered agency or unlicensed agent

EnforcementEnforcementEnforcementEnforcement

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 EnforcementTypes of EnforcementTypes of EnforcementTypes of Enforcement

Civil Administrative ProcedureCivil Administrative Procedure

Allows sealer to impose a penalty without court procedure

Citation (Notice to Appear)Citation (Notice to Appear)

Criminal filing for more serious violations

Civil FilingCivil Filing

Filed with the district attorney or California Attorney General

Service Agency Committee Consists of Seven MembersService 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

The Committee was established in January 2003 and its purpose is to advise the Department in all matters concerning registration of service agencies

Advisory CommitteeAdvisory CommitteeAdvisory CommitteeAdvisory Committee

SummarySummarySummarySummary

Agencies and agents must RegisterAgencies and agents must Register

Agents must be licensedAgents must be licensed

Can remove “red” tagsCan remove “red” tags

Can place devices into serviceCan place devices into service

Must notify sealer within 24 hoursMust notify sealer within 24 hours

ConclusionConclusionConclusionConclusion

This training module has provided you with a better understanding of the Registered Service AgencyProgram and a deeper appreciation about their rightsand responsibilities.

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This Concludes Module 14This Concludes Module 14

“Service Agencies & “Service Agencies & Agents”Agents”

This Concludes Module 14This Concludes Module 14

“Service Agencies & “Service Agencies & Agents”Agents”