Consumer AffairsPowers and Duties
Section § 310
This law outlines the responsibilities of the director to safeguard and advocate for consumers. It includes proposing new consumer protection laws, representing consumer interests in hearings, collaborating with government agencies, and conducting research on consumer issues. The director can also hold hearings, subpoena evidence, encourage ethical business practices, advise the government on consumer issues, and maintain contact with consumer groups.
Section § 311
This section allows the director to form a committee made up of heads of state departments or their chosen representatives to help with his responsibilities. These committee members won't get paid for their service but will be reimbursed for any expenses they incur while fulfilling their duties.
Section § 312
This law requires the director to send a yearly report to the Governor and Legislature about what the department has been doing. The report should include details about consumer complaints and how they were dealt with. It should also provide performance details for each part of the department, such as how long it takes to handle complaints and investigations from start to finish and to take disciplinary actions. The report must follow specific guidelines outlined in another law section.
Section § 312.1
This law requires the Office of Administrative Hearings to report annually to the department, the Governor, and the Legislature about its activities. Each year, they must provide details like how many cases each office handled, how long it took to set hearing dates, how long hearings lasted, and how quickly they sent out decisions after hearings.
Section § 312.2
This law requires the California Attorney General to provide an annual report to the department, Governor, and legislative committees with specific details about the previous fiscal year's accusation matters related to professional licensing and health quality enforcement. The report must include how many accusation matters were referred, rejected, or required more investigation, as well as how many accusations were filed, withdrawn, or adjudicated. Additionally, it should cover the time taken at various steps in the process, like filing accusations or preparing settlements and default decisions. These reports must follow certain government reporting standards.
Section § 313
This law requires the director to set up a complete library filled with books, studies, and other materials focusing on issues and topics related to consumers and their problems.
Section § 313.1
This law says that before any new rules, regulations, or fee changes by boards or committees can take effect, they must go through a formal review by the director. This review process ensures that the director examines all proposed actions and related documents. If the director thinks a rule could harm public health, safety, or welfare, they can stop it from going into effect. Once approved or the review period has ended, the rule can be submitted to the Office of Administrative Law. There are specific time frames and conditions under which these rules can be extended or overridden if initially disapproved.
Section § 313.2
This law requires the director to create rules that ensure the examination process for professional licenses and certifications complies with the Americans with Disabilities Act. These rules are meant to make the application and testing fair and accessible to individuals with disabilities.
Section § 313.5
This law requires the director to regularly publish and distribute a list of consumer information available from the department’s library as well as other sources. People can subscribe to receive this list by paying a reasonable fee.
Section § 314
This law says that the California department or board responsible for licensing can't approve any accrediting body that bans earn and learn programs for professional training. However, the law doesn't force these boards to ensure that earn and learn programs are included by these accrediting bodies. An earn and learn program is defined elsewhere in California law, specifically in the Unemployment Insurance Code. This section will come into effect on January 1, 2024.