§ 5-38-5. Rules and regulations. The auto collision repair licensing advisory board shall, with the director's approval:

(1) Establish any rules, regulations, and procedures that it deems appropriate, and all those rules, regulations, and procedures constitute a public record.

(2) Establish standards for sanitary, hygienic, and healthful conditions of the work premises and facilities used by persons licensed by the board.

(3) Establish minimum requirements for the licenser of auto body repair shops.

(4) Establish minimum requirements for the certification of auto repair technicians, other than those whose work is limited to glass repair and/or replacement.

(5) Establish two (2) classifications of full-collision licensees based upon the following:

(i) Class A certification: To be eligible for Class A certification, a full-collision, licensed auto body repair facility must meet the following minimum requirements:

(A) Comply with all requirements for licensure promulgated by the department pursuant to subsections (1) through (4); and

(B) Be certified by at least one automobile manufacturer for the repair and refinishing of aluminum, high-strength steel, and other metal or alloy; and

(C) Ensure customer satisfaction by providing each customer with a written, limited-lifetime warranty that is valid against workmanship defects and maintain a system for documenting customer complaints and responses to service; and

(D) Provide evidence of certification of all technicians employed at the auto body repair facility by methods approved by the department regulations pursuant to subsection (4);

(ii) Class B certification: To be eligible for Class B certification, a full-collision, licensed auto body repair facility must establish that it has met all of the requirements promulgated by the department pursuant to subsections (1) through (4).

(iii) Class certification shall be issued to qualifying full-collision, licensed auto body repair facilities upon initial application for licensure and upon license renewal.

(iv) Notwithstanding subsection (5)(iii), full-collision, licensed auto body repair facilities seeking Class A certification must apply to the department on or before December l, 2015; all Class A applications must include documentation evidencing automobile manufacturer certification pursuant to subsection (5)(i)(B). Resulting classification designations (A or B) must be issued on or before April 1, 2016, by the department. Any applicant requesting Class A certification must submit a three hundred dollar ($300) application fee.

(v) Any full-collision, licensed auto body repair facility that does not apply for certification on or before March 1, 2016, will be designated as a Class B full-collision, auto body repair facility.

(vi) After initial issuance of class designation by the department, pursuant to subsection (5)(iv) of this section, a designated Class B auto body repair facility may apply for Class A certification at any time in a calendar year with an application fee of three hundred dollars ($300). The new classification, if any, resulting from a full-collision, licensed auto body repair facility's application received prior to December 31 of any calendar year must be updated on the department's listing of licensed auto body repair facilities for use by insurers in the auto-body labor rate survey pursuant to § 27-29-4.4 of the next calendar year.

(vii) The auto collision repair licensing advisory board shall review the regulations promulgated under subsection (5) at least every two (2) years. If new regulations are promulgated as a result of a review by the board, licensees must be given reasonable time to comply with any new requirements of class designations.

(viii) The department shall adopt such regulations necessary to carry out the provisions of this section on or before January 31, 2016.

History of Section. (P.L. 1974, ch. 111, § 2; P.L. 1979, ch. 349, § 8; P.L. 1985, ch. 181, art. 13, § 2; P.L. 1994, ch. 357, § 1; P.L. 2006, ch. 184, § 1; P.L. 2015, ch. 142, § 1; P.L. 2015, ch. 154, § 1.)