Section § 310

Explanation

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.

The director shall have the following powers and it shall be his duty to:
(a)CA Business & Professions Code § 310(a) Recommend and propose the enactment of such legislation as necessary to protect and promote the interests of consumers.
(b)CA Business & Professions Code § 310(b) Represent the consumer’s interests before federal and state legislative hearings and executive commissions.
(c)CA Business & Professions Code § 310(c) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of consumers.
(d)CA Business & Professions Code § 310(d) Study, investigate, research, and analyze matters affecting the interests of consumers.
(e)CA Business & Professions Code § 310(e) Hold public hearings, subpoena witnesses, take testimony, compel the production of books, papers, documents, and other evidence, and call upon other state agencies for information.
(f)CA Business & Professions Code § 310(f) Propose and assist in the creation and development of consumer education programs.
(g)CA Business & Professions Code § 310(g) Promote ethical standards of conduct for business and consumers and undertake activities to encourage public responsibility in the production, promotion, sale and lease of consumer goods and services.
(h)CA Business & Professions Code § 310(h) Advise the Governor and Legislature on all matters affecting the interests of consumers.
(i)CA Business & Professions Code § 310(i) Exercise and perform such other functions, powers and duties as may be deemed appropriate to protect and promote the interests of consumers as directed by the Governor or the Legislature.
(j)CA Business & Professions Code § 310(j) Maintain contact and liaison with consumer groups in California and nationally.

Section § 311

Explanation

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.

The director may create an interdepartmental committee to assist and advise him in the implementation of his duties. The members of such committee shall consist of the heads of state departments, or their designees. Members of such committee shall serve without compensation but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties.

Section § 312

Explanation

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.

(a)CA Business & Professions Code § 312(a) The director shall submit to the Governor and the Legislature on or before January 1, 2003, and annually thereafter, a report of programmatic and statistical information regarding the activities of the department and its constituent entities for the previous fiscal year. The report shall include information concerning the director’s activities pursuant to Section 326, including the number and general patterns of consumer complaints and the action taken on those complaints.
(b)CA Business & Professions Code § 312(b) The report shall include information relative to the performance of each constituent entity, including, but not limited to, length of time for a constituent entity to reach each of the following milestones in the enforcement process:
(1)CA Business & Professions Code § 312(b)(1) Average number of days from when a constituent entity receives a complaint until the constituent entity assigns an investigator to the complaint.
(2)CA Business & Professions Code § 312(b)(2) Average number of days from a constituent entity opening an investigation conducted by the constituent entity staff or the Division of Investigation to closing the investigation regardless of outcome.
(3)CA Business & Professions Code § 312(b)(3) Average number of days from a constituent entity closing an investigation to imposing formal discipline.
(c)CA Business & Professions Code § 312(c) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

Section § 312.1

Explanation

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.

The Office of Administrative Hearings shall submit a report to the department, the Governor, and the Legislature on or before January 1, 2016, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year:
(a)CA Business & Professions Code § 312.1(a) Number of cases referred by each constituent entity to each office of the Office of Administrative Hearings for a hearing.
(b)CA Business & Professions Code § 312.1(b) Average number of days from receiving a request to setting a hearing date at each office of the Office of Administrative Hearings.
(c)CA Business & Professions Code § 312.1(c) Average number of days from setting a hearing to conducting the hearing.
(d)CA Business & Professions Code § 312.1(d) Average number of days after conducting a hearing to transmitting the proposed decision by each office of the Office of Administrative Hearings.

Section § 312.2

Explanation

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.

(a)CA Business & Professions Code § 312.2(a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:
(1)CA Business & Professions Code § 312.2(a)(1) The number of accusation matters referred to the Attorney General.
(2)CA Business & Professions Code § 312.2(a)(2) The number of accusation matters rejected for filing by the Attorney General.
(3)CA Business & Professions Code § 312.2(a)(3) The number of accusation matters for which further investigation was requested by the Attorney General.
(4)CA Business & Professions Code § 312.2(a)(4) The number of accusation matters for which further investigation was received by the Attorney General.
(5)CA Business & Professions Code § 312.2(a)(5) The number of accusations filed by each constituent entity.
(6)CA Business & Professions Code § 312.2(a)(6) The number of accusations a constituent entity withdraws.
(7)CA Business & Professions Code § 312.2(a)(7) The number of accusation matters adjudicated by the Attorney General.
(b)CA Business & Professions Code § 312.2(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:
(1)CA Business & Professions Code § 312.2(b)(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.
(2)CA Business & Professions Code § 312.2(b)(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.
(3)CA Business & Professions Code § 312.2(b)(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.
(4)CA Business & Professions Code § 312.2(b)(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.
(5)CA Business & Professions Code § 312.2(b)(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.
(6)CA Business & Professions Code § 312.2(b)(6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing.
(c)CA Business & Professions Code § 312.2(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

Section § 313

Explanation

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.

The director shall provide for the establishment of a comprehensive library of books, documents, studies, and other materials relating to consumers and consumer problems.

Section § 313.1

Explanation

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.

(a)CA Business & Professions Code § 313.1(a) Notwithstanding any other provision of law to the contrary, no rule or regulation, except those relating to examinations and qualifications for licensure, and no fee change proposed or promulgated by any of the boards, commissions, or committees within the department, shall take effect pending compliance with this section.
(b)CA Business & Professions Code § 313.1(b) The director shall be formally notified of and shall be provided a full opportunity to review, in accordance with the requirements of Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, and this section, all of the following:
(1)CA Business & Professions Code § 313.1(b)(1) All notices of proposed action, any modifications and supplements thereto, and the text of proposed regulations.
(2)CA Business & Professions Code § 313.1(b)(2) Any notices of sufficiently related changes to regulations previously noticed to the public, and the text of proposed regulations showing modifications to the text.
(3)CA Business & Professions Code § 313.1(b)(3) Final rulemaking records.
(c)CA Business & Professions Code § 313.1(c) The submission of all notices and final rulemaking records to the director and the completion of the director’s review, as authorized by this section, shall be a precondition to the filing of any rule or regulation with the Office of Administrative Law. The Office of Administrative Law shall have no jurisdiction to review a rule or regulation subject to this section until after the completion of the director’s review and only then if the director has not disapproved it. The filing of any document with the Office of Administrative Law shall be accompanied by a certification that the board, commission, or committee has complied with the requirements of this section.
(d)CA Business & Professions Code § 313.1(d) Following the receipt of any final rulemaking record subject to subdivision (a), the director shall have the authority for a period of 30 days to disapprove a proposed rule or regulation on the ground that it is injurious to the public health, safety, or welfare.
(e)CA Business & Professions Code § 313.1(e) Final rulemaking records shall be filed with the director within the one-year notice period specified in Section 11346.4 of the Government Code. If necessary for compliance with this section, the one-year notice period may be extended, as specified by this subdivision.
(1)CA Business & Professions Code § 313.1(e)(1) In the event that the one-year notice period lapses during the director’s 30-day review period, or within 60 days following the notice of the director’s disapproval, it may be extended for a maximum of 90 days.
(2)CA Business & Professions Code § 313.1(e)(2) If the director approves the final rulemaking record or declines to take action on it within 30 days, the board, commission, or committee shall have five days from the receipt of the record from the director within which to file it with the Office of Administrative Law.
(3)CA Business & Professions Code § 313.1(e)(3) If the director disapproves a rule or regulation, it shall have no force or effect unless, within 60 days of the notice of disapproval, (A) the disapproval is overridden by a unanimous vote of the members of the board, commission, or committee, and (B) the board, commission, or committee files the final rulemaking record with the Office of Administrative Law in compliance with this section and the procedures required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f)CA Business & Professions Code § 313.1(f) Nothing in this section shall be construed to prohibit the director from affirmatively approving a proposed rule, regulation, or fee change at any time within the 30-day period after it has been submitted to him or her, in which event it shall become effective upon compliance with this section and the procedures required by Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 313.2

Explanation

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.

The director shall adopt regulations to implement, interpret, and make specific the provisions of the Americans with Disabilities Act (P.L. 101-336), as they relate to the examination process for professional licensing and certification programs under the purview of the department.

Section § 313.5

Explanation

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.

The director shall periodically publish a bibliography of consumer information available in the department library and elsewhere. Such bibliography shall be sent to subscribers upon payment of a reasonable fee therefor.

Section § 314

Explanation

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.

(a)CA Business & Professions Code § 314(a) The department or board shall not approve an accrediting entity that prohibits earn and learn programs for training in a profession licensed or certified by the board. A board shall use licensing or certification standards that authorize the use of earn and learn training.
(b)CA Business & Professions Code § 314(b) Notwithstanding subdivision (a), the department and its boards shall not be required to establish a mandate specifying an accrediting entity must provide earn and learn programs for training in a profession licensed or certified by a board.
(c)CA Business & Professions Code § 314(c) As used in this section,“earn and learn” has the same meaning as defined in subdivision (q) of Section 14005 of the Unemployment Insurance Code.
(d)CA Business & Professions Code § 314(d) This section shall become operative on January 1, 2024.