This law section states that the Department of Consumer Affairs in California is managed by an official called the Director of Consumer Affairs.
The department is under the control of a civil executive officer who is known as the Director of Consumer Affairs.
Director of Consumer Affairs department management civil executive officer consumer affairs oversight department control California Department executive officer role leadership structure consumer protection division state department governance
(Amended by Stats. 1971, Ch. 716.)
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.
The director is appointed by the Governor and holds office at the Governor’s pleasure. The director shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, and the director’s necessary traveling expenses.
director appointment Governor's discretion annual salary travel expenses government pay guidelines appointment by Governor director's salary office tenure director reimbursement Chapter 6 salary
(Amended by Stats. 2019, Ch. 351, Sec. 38. (AB 496) Effective January 1, 2020.)
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.
For the purpose of administration, the reregistration and clerical work of the department is organized by the director, subject to the approval of the Governor, in such manner as the director deems necessary to properly segregate and conduct the work of the department.
department organization director's role reregistration clerical work governor approval administration structure department workflow segregate work conduct department work proper administration efficient organization approval process work management director's discretion governance
(Amended by Stats. 2020, Ch. 370, Sec. 2. (SB 1371) Effective January 1, 2021.)
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.
For purposes of distributing the reregistration work of the department uniformly throughout the year as nearly as practicable, the boards in the department may, with the approval of the director, extend by not more than six months the date fixed by law for the renewal of any license, certificate or permit issued by them, except that in such event any renewal fee which may be involved shall be prorated in such manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
reregistration renewal extension license renewal certificate renewal permit renewal prorated fees uniform distribution department approval director's approval renewal fee adjustment registration workload management renewal date change administrative flexibility licensing boards fee regulation
(Added by Stats. 1959, Ch. 1707.)
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.
Notwithstanding any other provision of this code, each board within the department shall, in cooperation with the director, establish such license periods and renewal dates for all licenses in such manner as best to distribute the renewal work of all boards throughout each year and permit the most efficient, and economical use of personnel and equipment. To the extent practicable, provision shall be made for the proration or other adjustment of fees in such manner that no person shall be required to pay a greater or lesser fee than the person would have been required to pay if the change in license periods or renewal dates had not occurred.
As used in this section “license” includes
“certificate,” “permit,” “authority,” “registration,” and similar indicia of authority to engage in a business or profession, and “board” includes “board,” “bureau,” “commission,” “committee,” and an individual who is authorized to renew a license.
license periods renewal dates fee adjustment personnel use efficient renewal economical use license definition board definition proration of fees license renewal certificate permit registration business authority professional regulation
(Amended by Stats. 2019, Ch. 351, Sec. 40. (AB 496) Effective January 1, 2020.)
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.
The director may investigate the work of the boards in the department and may obtain a copy of all records and full and complete data in all official matters in possession of the boards and their members, officers, or employees, other than examination questions prior to submission to applicants at scheduled examinations.
director authority board investigation department records official matters data access examination questions scheduled examinations board members officers employees pre-exam disclosure information access records review investigative powers department oversight
(Amended by Stats. 2019, Ch. 351, Sec. 41. (AB 496) Effective January 1, 2020.)
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.
In the event that a newly authorized board replaces an existing or a previous board, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
newly authorized board replace existing board interim executive officer temporary appointment director appointment permanent executive officer board transition executive appointment board authority interim period
(Added by Stats. 2002, Ch. 1079, Sec. 1. Effective September 29, 2002.)
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.
Any and all matters relating to employment, tenure or discipline of employees of any board, agency or commission, shall be initiated by said board, agency or commission, but all such actions shall, before reference to the State Personnel Board, receive the approval of the appointing power.
To effect the purposes of Division 1 of this code and each agency of the department, employment of all personnel shall be in accord with Article XXIV of the Constitution, the law and rules and regulations of the State Personnel Board. Each board, agency or commission, shall select its employees from a list of eligibles obtained by the appointing power from the State Personnel Board. The person selected by the board, agency or commission to fill any position or vacancy shall thereafter be reported by the board, agency or commission, to the appointing power.
employment procedures tenure employee discipline State Personnel Board appointing power eligible list constitutional guidelines hiring process employee selection reporting procedures agency employment board approval personnel rules Article XXIV compliance
(Amended by Stats. 1945, Ch. 1276.)
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.
(a)CA Business and Professions Code § 154.1(a) The Legislature hereby finds and declares all of the following:
(1)CA Business and Professions Code § 154.1(a)(1) The department is currently providing opportunities for employees of agencies comprising the department who perform enforcement functions to attend an entry level enforcement academy.
(2)CA Business and Professions Code § 154.1(a)(2) It is in the best interest of consumers in the state for the department to continue to provide ongoing training opportunities for employees performing enforcement functions for each agency comprising the department.
(b)CA Business and Professions Code § 154.1(b) The department shall continue to develop and make available training courses for employees who perform
enforcement functions. The purpose of the training courses is to develop knowledge of enforcement practices for all employees who perform enforcement functions. The department shall encourage an agency executive officer, registrar, executive director, bureau chief, enforcement manager, supervisor, or staff member to attend enforcement training courses.
(c)CA Business and Professions Code § 154.1(c) The department shall develop the enforcement training curricula in consultation and cooperation with the office of the Attorney General and the Office of Administrative Hearings.
enforcement training entry level academy consumer protection employee training agencies enforcement functions training courses enforcement practices Attorney General Office of Administrative Hearings agency staff department cooperation ongoing training executive director bureau chief
(Added by Stats. 2014, Ch. 395, Sec. 3. (SB 1243) Effective January 1, 2015.)
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.
(a)CA Business and Professions Code § 154.2(a) The healing arts boards within Division 2 (commencing with Section 500) may employ individuals, other than peace officers, to perform investigative services.
(b)CA Business and Professions Code § 154.2(b) The healing arts boards within Division 2 (commencing with Section 500) may employ individuals to serve as experts.
healing arts boards investigative services experts non-police investigators division 2 professionals health board employment California health boards investigation experts hiring authority professional boards role
(Added by Stats. 2010, Ch. 719, Sec. 1. (SB 856) Effective October 19, 2010.)
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.
(a)CA Business and Professions Code § 154.3(a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for an employee, prospective employee, contractor, subcontractor, or volunteer. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(b)CA Business and Professions Code § 154.3(b) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all peace officer employees and prospective peace officer employees of the department. The Department of Justice shall
provide a state- or federal-level response pursuant to subdivision (k) of Section 11105 of the Penal Code.
fingerprint submission Department of Justice background check state-level response federal-level response peace officer employees prospective employees contractors volunteers subcontractors subdivision (u) subdivision (p) subdivision (k) fingerprint images justice department response
(Added by Stats. 2024, Ch. 997, Sec. 1. (AB 179) Effective September 30, 2024.)
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.
If a person, not a regular employee of a board under this code, including the Board of Chiropractic Examiners and the Osteopathic Medical Board of California, is hired or under contract to provide expertise to the board in the evaluation of an applicant or the conduct of a licensee, and that person is named as a defendant in a civil action arising out of the evaluation or any opinions rendered, statements made, or testimony given to the board or its representatives, the board shall provide for representation required to defend the defendant in that civil action. The board shall not be liable for any judgment rendered against the person. The Attorney General shall be utilized in the action and his or her services shall be a charge against the board.
civil action defense board representation evaluation expertise license evaluation legal defense costs contracted professional Board of Chiropractic Examiners Osteopathic Medical Board Attorney General involvement defendant representation non-employee expert
(Amended by Stats. 1991, Ch. 359, Sec. 3.)
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.
(a)CA Business and Professions Code § 155(a) In accordance with Section 159.5, the director may employ such investigators, inspectors, and deputies as are necessary properly to investigate and prosecute all violations of any law, the enforcement of which is charged to the department or to any board, agency, or commission in the department.
(b)CA Business and Professions Code § 155(b) It is the intent of the Legislature that inspectors used by boards, bureaus, or commissions in the department shall not be required to be employees of the Division of Investigation, but may either be employees of, or under contract to, the boards, bureaus, or commissions. Contracts for services shall be consistent with Article 4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of Division 5 of Title 2 of the Government Code. All civil service employees currently employed as inspectors whose functions are transferred as a result of this section shall retain their positions, status, and rights in accordance with Section 19994.10 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(c)CA Business and Professions Code § 155(c) Nothing in this section limits the authority of, or prohibits, investigators in the Division of Investigation in the conduct of inspections or investigations of any licensee, or in the conduct of investigations of any officer or employee of a board or the department at the specific request of the director or his or her designee.
investigators inspectors deputies violations employ boards bureaus commissions Division of Investigation contracts civil service employment rights government code inspections director authority
(Amended by Stats. 1985, Ch. 1382, Sec. 1.)
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.
(a)CA Business and Professions Code § 156(a) The director may, for the department and at the request and with the consent of a board within the department on whose behalf the contract is to be made, enter into contracts pursuant to Chapter 3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code for and on behalf of any board within the department.
(b)CA Business and Professions Code § 156(b) In accordance with subdivision (a), the director may, in his or her discretion, negotiate and execute contracts for examination purposes, which include provisions that hold harmless a contractor where liability
resulting from a contract between a board in the department and the contractor is traceable to the state or its officers, agents, or employees.
(c)CA Business and Professions Code § 156(c) The director shall report progress on release 3 entities’ transition to a new licensing technology platform to all the appropriate committees of the Legislature by December 31 of each year. Progress reports shall include updated plans and timelines for completing all of the following:
(1)CA Business and Professions Code § 156(c)(1) Business process documentation.
(2)CA Business and Professions Code § 156(c)(2) Cost benefit analyses of information technology options.
(3)CA Business and Professions Code § 156(c)(3) Information technology system development and implementation.
(4)CA Business and Professions Code § 156(c)(4) Any other relevant steps needed to meet the IT needs of release 3 entities.
(5)CA Business and Professions Code § 156(c)(5) Any other information as the Legislature may request.
director contracts department boards examination contracts contractor liability transition progress report licensing technology platform business process documentation cost benefit analysis IT system development Legislature report release 3 entities tech implementation contract negotiation contract execution liability protection
(Amended by Stats. 2017, Ch. 429, Sec. 2. (SB 547) Effective January 1, 2018.)
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.
(a)CA Business and Professions Code § 156.1(a) Notwithstanding any other law, individuals or entities contracting with the department or any board within the department for the provision of services relating to the treatment and rehabilitation of licensees impaired by alcohol or dangerous drugs shall retain all records and documents pertaining to those services until such time as these records and documents have been reviewed for audit by the department. These records and documents shall be retained for three years from the date of the last treatment or service rendered to that licensee, after which time the records and documents may be purged and destroyed by the contract vendor. This provision shall supersede any other law relating to the purging or destruction of records
pertaining to those treatment and rehabilitation programs.
(b)CA Business and Professions Code § 156.1(b) Unless otherwise expressly provided by statute or regulation, all records and documents pertaining to services for the treatment and rehabilitation of licensees impaired by alcohol or
dangerous drugs provided by any contract vendor to the department or to any board within the department shall be kept confidential and are not subject to discovery or subpoena.
(c)CA Business and Professions Code § 156.1(c) With respect to all other contracts for services with the
department, or any board within the department other than those set forth in subdivision (a), the director or chief deputy director may request an examination and audit by the department’s internal auditor of all performance under the contract. For this purpose, all documents and records of the contract vendor in connection with such performance shall be retained by the vendor for a period of three years after final payment under the contract. Nothing in this section shall affect the authority of the State Auditor to conduct any examination or audit under the terms of Section 8546.7 of the Government Code.
record retention contract vendor audit review treatment and rehabilitation impaired licensees confidentiality record destruction internal auditor alcohol and drug treatment performance audit document retention period service contracts audit authority three-year retention discovery and subpoena restrictions
(Amended by Stats. 2019, Ch. 351, Sec. 42. (AB 496) Effective January 1, 2020.)
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.
The director may negotiate and execute for the department and for its component agencies, rental agreements for short-term hiring of space and furnishings for examination or meeting purposes. The director may, in his or her discretion, negotiate and execute contracts for that space which include provisions which hold harmless the provider of the space where liability resulting from use of the space under the contract is traceable to the state or its officers, agents, or employees. Notwithstanding any other provision of law, the director may, in his or her discretion, advance payments as deposits to reserve and hold examination or meeting space. Any such agreement is subject to the approval of the legal office of the Department of General Services.
director authority short-term rentals meeting space examination space contract negotiation liability protection hold harmless agreement advance payments space reservation Department of General Services approval
(Amended by Stats. 1988, Ch. 1448, Sec. 1.5.)
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.
Expenses incurred by any board or on behalf of any board in any criminal prosecution or unprofessional conduct proceeding constitute proper charges against the funds of the board.
board expenses criminal prosecution costs unprofessional conduct proceedings funding allocation proper charges board funds legal expenses coverage allocating board funds financial responsibility of board investigative costs legal proceedings expenses expense justification board expenditure professional conduct investigation criminal case expenses
(Added by Stats. 1937, Ch. 474.)
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.
With the approval of the Director of Consumer Affairs, the boards and commissions comprising the department or subject to its jurisdiction may make refunds to applicants who are found ineligible to take the examinations or whose credentials are insufficient to entitle them to certificates or licenses.
Notwithstanding any other law, any application fees, license fees, or penalties imposed and collected illegally, by mistake, inadvertence, or error shall be refunded. Claims authorized by the department shall be filed with the State Controller, and the Controller shall draw a warrant against the fund of the agency in payment of the refund.
refunds applicants ineligible examinations credentials certificates licenses application fees license fees penalties illegally collected fees mistake inadvertence error State Controller
(Amended by Stats. 2019, Ch. 351, Sec. 43. (AB 496) Effective January 1, 2020.)
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.
The members and the executive officer of each board, agency, bureau, division, or commission have power to administer oaths and affirmations in the performance of any business of the board, and to certify to official acts.
administer oaths affirmations certify official acts board members executive officer agency authority bureau duties commission powers division responsibilities official certification oath administration affirmation powers business of the board official acts
(Added by Stats. 1947, Ch. 1350.)
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.
(a)Copy CA Business and Professions Code § 159.5(a)
(1)Copy CA Business and Professions Code § 159.5(a)(1) There is in the department the Division of Investigation. The division is in the charge of a person with the title of chief of the division.
(2)CA Business and Professions Code § 159.5(a)(2) Except as provided in Section 160, investigators who have the authority of peace officers, as specified in subdivision (a) of Section 160 and in subdivision (a) of Section 830.3 of the Penal Code, shall be in the division and shall be appointed by the director.
(b)Copy CA Business and Professions Code § 159.5(b)
(1)Copy CA Business and Professions Code § 159.5(b)(1) There is in the Division of Investigation the Health Quality Investigation Unit. The primary responsibility of the unit is to investigate violations of law or regulation
within the jurisdiction of the Medical Board of California, the
Podiatric Medical Board of California, the Board of Psychology, the Osteopathic Medical Board of California, the Physician Assistant Board, or any entities under the jurisdiction of the Medical Board of California.
(2)CA Business and Professions Code § 159.5(b)(2) The Medical Board of California shall not be charged an hourly rate for the performance of investigations by the unit.
Division of Investigation chief of the division Health Quality Investigation Unit Medical Board of California Podiatric Medical Board of California Board of Psychology Osteopathic Medical Board of California Physician Assistant Board investigators peace officers violations of law medical regulation investigations appointment by director law enforcement powers no hourly rate
(Amended by Stats. 2019, Ch. 351, Sec. 44. (AB 496) Effective January 1, 2020.)
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.
(a)CA Business and Professions Code § 160(a) The chief and all investigators of the Division of Investigation of the department and all investigators of the Dental Board of California have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them or the division in investigating the laws administered by the various boards comprising the department or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section.
(b)CA Business and Professions Code § 160(b) The Division of Investigation of the department and the Dental Board of California
may employ individuals, who are not peace officers, to provide investigative services.
(c)CA Business and Professions Code § 160(c) This section shall become operative on July 1, 2014.
peace officer authority investigative services Division of Investigation Dental Board criminal prosecution scope of employment non-peace officer employment law enforcement powers investigations California department boards
(Repealed (in Sec. 2) and added by Stats. 2013, Ch. 515, Sec. 3. (SB 304) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
This law ensures that all civil service employees working for the Board of Dental Examiners and Medical Board of California within the Department of Consumer Affairs will keep their jobs, state employment status, and other rights even when their roles are moved to different departments. The transfers must happen by specific deadlines: July 1, 1999, for the Dental Board employees, and July 1, 2014, for the Medical Board employees. This includes transferring positions like peace officers, medical consultants, and their support staff.
(a)CA Business and Professions Code § 160.5(a) All civil service employees currently employed by the Board of Dental Examiners of the Department of Consumer Affairs, whose functions are transferred as a result of the act adding this section shall retain their positions, status, and rights pursuant to Section 19050.9 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The transfer of employees as a result of the act adding this section shall occur no later than July 1, 1999.
(b)Copy CA Business and Professions Code § 160.5(b)
(1)Copy CA Business and Professions Code § 160.5(b)(1) All civil service employees currently employed by the Medical Board of California of the Department of Consumer Affairs, whose
functions are transferred as a result of the act adding this subdivision shall retain their positions, status, and rights pursuant to Section 19050.9 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The transfer of employees as a result of the act adding this subdivision shall occur no later than July 1, 2014.
(2)CA Business and Professions Code § 160.5(b)(2) The transfer of employees pursuant to this subdivision shall include all peace officer and medical consultant positions and all staff support positions for those peace officer and medical consultant positions.
Board of Dental Examiners Medical Board of California civil service employees Department of Consumer Affairs transfer of employees State Civil Service Act employee rights employee status retention peace officer positions medical consultant positions staff support positions job transfer deadlines Section 19050.9 Government Code
(Amended by Stats. 2013, Ch. 515, Sec. 4. (SB 304) Effective January 1, 2014.)
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.
The department, or any board in the department, may, in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), make available to the public copies of any part of its respective public records, or compilations, extracts, or summaries of information contained in its public records, at a charge sufficient to pay the actual cost thereof. That charge shall be determined by the director with the approval of the Department of General Services.
public records access Information Practices Act public records fee California Public Records Act Department of General Services approval document cost recovery records availability public records compilations records summaries boards department records
(Amended by Stats. 2021, Ch. 615, Sec. 3. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
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.
The certificate of the officer in charge of the records of any board in the department that any person was or was not on a specified date, or during a specified period of time, licensed, certified or registered under the provisions of law administered by the board, or that the license, certificate or registration of any person was revoked or under suspension, shall be admitted in any court as prima facie evidence of the facts therein recited.
officer certificate records of board licensed status revoked license suspended certification evidence in court specified date specified period prima facie evidence certification status
(Added by Stats. 1949, Ch. 355.)
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.
Except as otherwise expressly provided by law, the department and each board in the department shall charge a fee of two dollars ($2) for the certification of a copy of any record, document, or paper in its custody or for the certification of any document evidencing the content of any such record, document or paper.
document certification fee record certification cost board fee certification of copies official document fee two dollar charge certification process document custody record of papers certification evidence certified copies official records
(Amended by Stats. 1963, Ch. 590.)
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.
Except as otherwise provided by law, the delinquency, penalty, or late fee for any licensee within the Department of Consumer Affairs shall be 50 percent of the renewal fee for such license in effect on the date of the renewal of the license, but not less than twenty-five dollars ($25) nor more than one hundred fifty dollars ($150).
A delinquency, penalty, or late fee shall not be assessed until 30 days have elapsed from the date that the licensing agency mailed a notice of renewal to the licensee at the licensee’s last known address of record. The notice shall specify the date for timely renewal, and that failure to renew in a timely fashion shall result in the assessment of a delinquency, penalty, or late fee.
In the event a reinstatement or like fee is charged for the reinstatement of a license, the reinstatement fee shall be 150 percent of the renewal fee for such license in effect on the date of the reinstatement of the license, but not more than twenty-five dollars ($25) in excess of the renewal fee, except that in the event that such a fee is fixed by statute at less than 150 percent of the renewal fee and less than the renewal fee plus twenty-five dollars ($25), the fee so fixed shall be charged.
license renewal fee delinquency penalty late fee Department of Consumer Affairs reinstatement fee renewal notice timely renewal penalty charge mailing notice licensee's address renewal date reinstatement of license fee calculation 50 percent renewal fee maximum late fee
(Amended by Stats. 1985, Ch. 587, Sec. 1.)
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.
The form and content of any license, certificate, permit, or similar indicia of authority issued by any agency in the department, including any document evidencing renewal of a license, certificate, permit, or similar indicia of authority, shall be determined by the director after consultation with and consideration of the views of the agency concerned.
license form certificate content permit design agency authority indicia of authority document issuance director consultation agency views renewal document department-issued official documents consultation process document design department agency decision-making process
(Amended by Stats. 1987, Ch. 850, Sec. 6.)
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.
Notwithstanding any other provision of law, no board, bureau, committee, commission, or program in the Department of Consumer Affairs shall submit to the Legislature any fiscal impact analysis relating to legislation pending before the Legislature until the analysis has been submitted to the Director of Consumer Affairs, or his or her designee, for review and comment. The boards, bureaus, committees, commissions, and programs shall include the comments of the director when submitting any fiscal impact analysis to the Legislature. This section shall not be construed to prohibit boards, bureaus, committees, commissions, and programs from responding to direct requests for fiscal data from Members of the Legislature or their staffs. In those instances it shall be the responsibility of boards, bureaus, committees, commissions, and programs to also transmit that information to the director, or his or her designee, within five working days.
fiscal impact analysis Director of Consumer Affairs legislative review Department of Consumer Affairs financial analysis submission comments inclusion pending legislation direct requests legislative members information transmission Legislature feedback bureau committee procedures financial data compliance analysis review process information submission process
(Added by Stats. 1984, Ch. 268, Sec. 0.2. Effective June 30, 1984.)
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.
The director shall, by regulation, develop guidelines to prescribe components for mandatory continuing education programs administered by any board within the department.
(a)CA Business and Professions Code § 166(a) The guidelines shall be developed to ensure that mandatory continuing education is used as a means to create a more competent licensing population, thereby enhancing public protection. The guidelines shall require mandatory continuing education programs to address, at least, the following:
(1)CA Business and Professions Code § 166(a)(1) Course validity.
(2)CA Business and Professions Code § 166(a)(2) Occupational relevancy.
(3)CA Business and Professions Code § 166(a)(3) Effective presentation.
(4)CA Business and Professions Code § 166(a)(4) Actual attendance.
(5)CA Business and Professions Code § 166(a)(5) Material assimilation.
(6)CA Business and Professions Code § 166(a)(6) Potential for application.
(b)CA Business and Professions Code § 166(b) The director shall consider educational principles, and the guidelines shall prescribe mandatory continuing education program formats to include, but not be limited to, the following:
(1)CA Business and Professions Code § 166(b)(1) The specified audience.
(2)CA Business and Professions Code § 166(b)(2) Identification of what is to be learned.
(3)CA Business and Professions Code § 166(b)(3) Clear goals and objectives.
(4)CA Business and Professions Code § 166(b)(4) Relevant learning methods (participatory, hands-on, or clinical setting).
(5)CA Business and Professions Code § 166(b)(5) Evaluation, focused on the learner and the assessment of the intended learning outcomes (goals and objectives).
(c)CA Business and Professions Code § 166(c) Any board within the department that, after January 1, 1993, proposes a mandatory continuing education program for its licensees shall submit the proposed program to the director for review to assure that the program contains all the elements set forth in this section and complies with the guidelines developed by the director.
(d)CA Business and Professions Code § 166(d) Any board administering a mandatory continuing education program that proposes to amend its current program shall do so in a manner consistent with this section.
(e)CA Business and Professions Code § 166(e) Any board currently administering a mandatory continuing education program shall review the components and requirements of the program to determine the extent to which they are consistent with the guidelines developed under this section. The board shall submit a report of their findings to the director. The report shall identify the similarities and differences of its mandatory continuing education program. The report shall include any board-specific needs to explain the variation from the director’s guidelines.
(f)CA Business and Professions Code § 166(f) Any board administering a mandatory continuing education program, when accepting hours for credit which are obtained out of state, shall ensure that the course for which credit is given is administered in accordance with the guidelines addressed in subdivision (a).
(g)CA Business and Professions Code § 166(g) Nothing in this section or in the guidelines adopted by the director shall be construed to repeal any requirements for continuing education programs set forth in any other provision of this code.
continuing education guidelines public protection competency enhancement course validity occupational relevancy effective presentation program evaluation learner assessment educational principles audience specification learning objectives mandatory programs review and compliance out-of-state credits
(Amended by Stats. 1994, Ch. 146, Sec. 1. Effective January 1, 1995.)