TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL

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TRAINING FOR THEWEIGHTS 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
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TRAINING FOR THEWEIGHTS 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
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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL
Module FourteenSERVICE AGENCIES AND AGENTS
Fourteenth in a series of 14
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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

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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
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History and Background

• Before 1974
• No control over repair of devices
• Anyone could repair a device often it was the
  weights and measures official
• Only a WM official could place the device into
  commercial service
• Caused delays and inconvenience to device owners

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History and Background

• Local ordinances and some sealers allowed
  registered repairman to place devices into
  service, pending sealer inspection

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History and Background 1974 - 2000

• 1974
• First statewide registration program added to BP
  Code
• Authorized Repairman to place new and repaired
  devices into commercial service
• Could remove sealers out of order tags (red
  tags)
• Work completed to be identified
• Required sealer notification within 24 hours

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History and Background 1974 - 2000

• 1983
• Amendments permitted sealer to suspend repairman
  privileges in their county
• Gave sealers some control in the state program

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History and Background 1974 - 2000
2000
Current Service Agency law took effect and
included
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Service Agency
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Agency Responsibilities

• 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

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Agencies Rights

• Agencies are authorized to
• Remove sealers out of order tags (red tags)
• Place a correct device into commercial service

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Placed-in-Service Report
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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 applicable
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Service Agent

• Must possess a valid license
• Must pass a written exam with a score of 70 or
  higher
• Exam tests a persons knowledge of California
  Service Agency Law and Regulations
• Exam can be taken at any sealers office

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Service Agent
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Agents Responsibilities

• Agents must
• Possess a service agent license
• Identify their work

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Agents Responsibilities

• The agent must identify their work with an
  adhesive tag or label that shows the
• Agents name and license number
• Registration and phone number of the agency
• Date the work was completed

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Agents Responsibilities

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

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Disciplinary 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

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Disciplinary 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

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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

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Suspension - County

• Copy of proposed action to Department
• Department may extend suspension to other counties

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Enforcement

• 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

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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

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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

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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 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
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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
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Conclusion
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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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL
This Concludes Module 14Service Agencies
Agents