Department of Consumer AffairsThe Director of Consumer Affairs
Section § 150
This law section states that the Department of Consumer Affairs in California is managed by an official called the Director of Consumer Affairs.
Section § 151
The Governor appoints the director, who can remain in the position as long as the Governor wants. The director gets a yearly salary according to government pay guidelines and is reimbursed for travel costs.
Section § 152
This section says that the department's director is in charge of organizing how registration and paperwork are handled. However, any changes they make must be approved by the Governor. The goal is to make everything run smoothly and efficiently.
Section § 152.5
This law allows the boards within a department to spread out their re-registration tasks evenly throughout the year. They can extend the renewal date of any license, certificate, or permit by up to six months with the director's approval. Importantly, any fees due must be adjusted so that nobody ends up paying more or less than they normally would if the renewal dates hadn't been changed.
Section § 152.6
This law section requires boards that issue licenses within the department to work with the director to set up license periods and renewal dates. The goal is to spread out the renewal work across the year efficiently and economically. The boards must also adjust fees so that no one ends up paying more or less than they would have without the changes. The term 'license' includes various forms of permission to work in a profession, and 'board' includes different types of regulatory authorities.
Section § 153
The director has the authority to look into how the boards in the department are doing their jobs. They can access all records and information related to the boards, but they can't see exam questions before they're given to test-takers.
Section § 153.5
If a new board takes over from an old one, an interim executive officer can be temporarily appointed by the director until the new board chooses someone permanent for that role.
Section § 154
This law section describes how boards, agencies, or commissions should handle the hiring, tenure, and discipline of their employees. These matters must start with the respective board, agency, or commission and need approval from the appointing power before going to the State Personnel Board. All hiring and employment actions must follow constitutional guidelines and rules set by the State Personnel Board. Employees should be chosen from a list provided by the appointing power via the State Personnel Board, and any hiring decisions must be reported back to the appointing power.
Section § 154.1
This law highlights the importance of training for employees who perform enforcement duties within a department. It acknowledges that the department already hosts an entry-level enforcement academy and stresses the need for continuing education to benefit consumers. The department is tasked with providing ongoing training opportunities and developing comprehensive training courses in coordination with the Attorney General's office and the Office of Administrative Hearings. The aim is to ensure all enforcement personnel are well-versed in enforcement practices, encouraging participation from various levels of agency staff.
Section § 154.2
This law allows certain professional health boards in California to hire people who aren't police officers to help investigate issues. These boards can also hire people to act as experts in specific fields.
Section § 154.3
This law requires certain departments to send fingerprint images and related information about employees, contractors, and volunteers to the Department of Justice. The Department of Justice must then provide background checks at the state or federal level. This process includes all employees, specifically focusing on peace officers or those applying to be peace officers.
Section § 154.5
This law explains that if a person who isn't a regular employee but is hired to help a professional board evaluate an applicant or oversee a current license holder gets sued for doing their job, the board has to provide legal defense for that person. However, if this person loses the lawsuit, the board isn't responsible for paying any judgments against them. The defense will be handled by the Attorney General, and the board will cover the legal costs.
Section § 155
This law allows the director to hire investigators, inspectors, and deputies to handle violations of laws under their responsibility. Inspectors don't have to be employees of the Division of Investigation and can be hired directly by various boards, bureaus, or commissions. These contracts must align with certain government code regulations. Current civil service inspectors affected by this law won't lose their jobs or rights. The law also clarifies that these changes do not limit the existing authority of current investigators to conduct inspections or investigations as needed.
Section § 156
The director of a department in California can make contracts for different boards within the department if they request it. These contracts can handle things like examinations and may include protections for contractors if the state or its employees were at fault. Each year, the director must report to the state legislature about the progress of transitioning certain entities to new licensing technology. This report should cover business process planning, cost analysis, developing tech systems, and any additional relevant updates or requests from the Legislature.
Section § 156.1
This law highlights the rules for keeping records related to the treatment of professionals in California who have problems with alcohol or drugs. If you're a contractor providing these services, you need to keep all related records for at least three years after the last service given. These records are confidential and can't be shared easily. For other types of contracts with the department, records must also be kept for three years after the final payment. The department's internal auditor can check these records, but the State Auditor also has the right to conduct audits separately.
Section § 156.5
This law allows the director of a department in California to arrange short-term rentals for meeting or exam spaces. The director can negotiate contracts that protect the space provider from legal liability if issues arise due to state use. The director is also allowed to make advance payments to reserve these spaces. All agreements must be approved by the legal office of the Department of General Services.
Section § 157
If a board spends money on criminal cases or investigating unprofessional behavior, those costs are valid expenses that can be paid from the board's funds.
Section § 158
This law allows boards and commissions that are part of or overseen by the Department of Consumer Affairs to give refunds to people who apply for exams or licenses if they are not eligible or don't have the right qualifications. Also, if anyone has paid fees or penalties by mistake or if they were charged illegally, they must get a refund. These refund claims are handled by the State Controller, who will pay them from the relevant agency's funds.
Section § 159
This law allows the members and executive officer of any board, agency, bureau, division, or commission to legally swear in people and verify official actions during their work.
Section § 159.5
This law creates the Division of Investigation within a department, led by a chief. It also outlines the roles of investigators, who have certain law enforcement powers, and are appointed by a director. Furthermore, it establishes the Health Quality Investigation Unit within this division. This unit focuses on investigating legal violations related to several medical boards in California. Additionally, the Medical Board of California is not required to pay an hourly rate for investigations conducted by this unit.
Section § 160
This law states that the chief and investigators of California's Division of Investigation and the Dental Board have the powers of peace officers when they are performing their duties related to various investigations. This means they can enforce the law and start criminal proceedings if necessary. Additionally, these bodies can hire people who aren't peace officers to help with investigations. The law has been active since July 1, 2014.
Section § 160.5
Section § 161
This section of the law allows California state boards or departments to provide the public with copies of their public records. The documents can include full records, compilations, summaries, or extracts, and they can be released as long as they follow specific privacy laws. They can charge a fee, which covers the actual cost of providing these documents. The fee amount is set by the director and needs approval from the Department of General Services.
Section § 162
This law says that if an official from a board in the department certifies whether someone was licensed, certified, or registered on a certain date or during a certain period, or if their license or certification was revoked or suspended, this certification can be used as evidence in court.
Section § 163
This section requires that the department and its boards charge a fee of $2 to certify copies of records or documents they have. This also applies to certifying documents that show the contents of those records.
Section § 163.5
If you're late renewing a license with the Department of Consumer Affairs, you'll be charged a penalty that's half the renewal fee, ranging from $25 to $150. This late fee won't kick in until 30 days after they mail you a renewal notice. If you need to reinstate your license, the reinstatement fee can be up to 150% of the renewal fee but not more than $25 above it, unless the law sets a lower fee.
Section § 164
This law section states that the design and details of any official documents, like licenses or permits issued by a department agency, are decided by the director. The director makes these decisions after discussing with and considering the opinions of the agency involved.
Section § 165
This law says that if any group under the Department of Consumer Affairs wants to provide the Legislature with a financial impact analysis about pending laws, first, they must get feedback from the Director of Consumer Affairs. Their analysis should include the director's comments before sending it to the Legislature. However, if a legislator asks directly for financial information, the group can respond immediately but must also send the same information to the director within five days.
Section § 166
This law requires the director to create guidelines for mandatory continuing education programs for professional boards. These guidelines ensure that continuing education improves skill and protects the public. Programs must cover course validity, occupational relevance, effective presentation, attendance, material understanding, and application. They should also specify the audience, learning goals, clear objectives, suitable methods, and evaluation processes. Any new or revised education programs must align with these guidelines. Boards must review their existing programs for compliance and can accept out-of-state credits if they meet the requirements. Other continuing education requirements in the code are not affected by this section.