BAR recently adopted their very first precedential decisions. While the decisions themselves are not particularly noteworthy, it shows that the BAR is finally taking advantage of authority granted to it back in 1997. The decisions (regarding the burden of proof and adoption of regulations) as well as any future decisions, will be accessible on their web site, at www.bar.ca.gov/About_BAR/Precedential_Decisions.html.

Pursuant to Government Code section 11425.60, a decision that “contains a significant legal or policy determination of general application that is likely to recur” may be designated as precedential. Once a decision is designated as precedential, BAR may rely on it, and parties may cite the decision in their argument to BAR and the courts. And yes, an agency can later “undesignate” a decision, should circumstances change.

On January 17, 2019, after their advisory group meeting, the Bureau of Automotive Repair will host a public workshop to discuss draft regulatory changes to the repair assistance option under BAR’s Consumer Assistance Program. The workshop will also be Webcast and may be accessed online at: https://thedcapage.blog/webcasts/ – if you are interested in sausage-making or want to be on the ground floor of this policy, tune in or attend.

Of course, the attorneys at Simas & Associates are well-versed in the adoption of both precedential decisions and regulations, and can assist with any questions you may have. Contact us for further information.