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Want to subpoena the CA Bureau of Automotive Repair

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Old 04-02-2019, 11:17 AM
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camelman
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Default Want to subpoena the CA Bureau of Automotive Repair

My 1982 928s Euro was approved without a catalytic converter in CA by the BAR. However, the cat exclusion isn’t obvious on the door jamb sticker, and I’m concerned about future smog checks, potential for a nosy officer if I ever get pulled over, or convincing a future buyer that a cat isn’t required. I need to subpoena the BAR to get copies of the paper records though, and I don’t know anything about preparing a subpoena. Does anyone have experience doing this, or suggestions on a lawyer, or type of lawyer, to contact for help?

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Camelman
Old 04-02-2019, 11:25 AM
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996AE
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Why not call them first or stop by and get an appointment.

May not need a lawyer.
Old 04-02-2019, 11:41 AM
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camelman
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The two options, as explained to me, are subpoena for records, or schedule a new inspection with the referee. I’m nervous about a new referee inspection in case it allows them to require the car meet current regulations. I’m new to this process and don’t know if I’d be opening a can of worms with a new inspection.

The person I’ve been talking to at BAR is adamant that he can’t just send records by simple request.
Old 04-02-2019, 11:43 AM
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docmirror
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You have to start with a written request. If they don't fulfill it as requested then you can move on. The clerk of the local court will likely have the form needed, but whether they will help you with this is another matter. So far, you don't have any standing with the state to lay your cap on. No one is accusing you or denying you or stopping you from using the car as is. May need to get a smog rejection first, before they will issue that.
Old 04-02-2019, 01:10 PM
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Richard S
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Start with a public records request under the Public Records Act. There is a link on their website to do this

Rich



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