Department of Consumer AffairsThe Department
Section § 100
This part of the law establishes a Department of Consumer Affairs within the California state government, which is part of the Business, Consumer Services, and Housing Agency.
Section § 101
This section outlines the various boards and bureaus that make up a department, each specializing in different professions and industries in California. It includes boards for medical and dental professionals, architects, engineers, contractors, and more. Other areas covered are education, security, and consumer services. Basically, it's a list of all the professional regulatory bodies under this department's umbrella.
Section § 101.6
This law is about ensuring that certain professions and businesses, which might impact public health and safety, are properly regulated. It sets the minimum skills and qualifications required for professionals to be licensed. The goal is to make sure they can safely serve the public. It also provides a system to handle complaints of bad behavior or illegal actions. If necessary, the department can discipline those who break the rules. Additionally, regular checks are conducted to ensure compliance with standards.
Section § 101.7
This law outlines that boards must meet at least twice a year, specifically once in northern California and once in southern California, to help the public and licensees participate. However, a director can exempt a board from this rule if they have a good reason. The director can also call a special meeting if a board is not doing its job. Agencies responsible for notifications must give people the choice to receive them by regular mail, email, or both, based on the recipient's preference. If a meeting is planned to be webcast, this should be stated in the meeting notice, though a webcast can still occur without prior notice.
Section § 102
This section explains that if a board that oversees a profession or occupation, which was created by an initiative, asks for help, the Director of Consumer Affairs can step in and manage the board, just like they do for similar boards. These boards are responsible for paying a fair share of the department's administration costs. Also, if a board uses specific government procedures for their hearings, the director needs to provide hearing officers to manage those hearings.
Section § 102.3
This law allows the Director of the Department of Consumer Affairs to work with another entity within the department when a board is no longer active. They can share responsibilities through an interagency agreement. The receiving entity can create a technical committee to manage the profession's rules and regulations. However, the committee can only handle tasks the entity gives it, and changes to regulations need the entity’s approval. The entity cannot give the committee the power to discipline licensees. The agreement lasts until the relevant licensing program is reviewed for its necessity, after which it can be renewed if needed.
Section § 103
This law says that members of certain boards, commissions, or committees in California will be paid $100 per day for working on official duties. They will also get reimbursed for necessary travel and other expenses. However, these payments only come from the agency's existing funds, and the money must be available. Importantly, public officers or employees can't double dip; they can't get this per diem pay on a day when they also receive their regular public salary.
Section § 104
Section § 105
People who serve on boards within the department must officially promise to fulfill their duties by taking an oath, as outlined in both the Constitution and another set of rules called the Government Code.
Section § 105.5
This section means that if you are a member of certain boards or committees within a particular department, you will stay in your role until your replacement is officially appointed and ready to serve. However, if a year passes after your term ends and there's still no new appointee, that's the cutoff and your service ends there.
Section § 106
The person who has the power to appoint board members can also remove them at any time if they fail to do their job, aren't competent, or act improperly or dishonorably. This rule doesn't limit other legal powers the appointing authority might have to remove board members.
Section § 106.5
The Governor of California can remove a member from a board or licensing group if they are caught revealing questions from an upcoming licensing exam to any applicant before or during the exam. The process for removal follows specific procedures outlined in the Government Code, and the Governor has full authority in these matters.
Section § 107
This law allows each board to hire someone for an important role called an executive officer, or sometimes a registrar, who doesn't have to go through the normal state hiring process. This hiring and salary must be approved by the Department of Human Resources.
Section § 107.5
If any board within the Department of Consumer Affairs uses an official seal, it needs to include the words 'State of California' and 'Department of Consumer Affairs' along with the board's title. The seal's design must be approved by the department's director.
Section § 108
Each board within the department acts independently and is responsible for setting standards, organizing meetings, conducting exams, reviewing applicants, investigating legal violations, issuing citations, holding hearings to revoke licenses, and imposing penalties, as permitted by law.
Section § 108.5
If you are a witness at an investigation or hearing conducted by a board, commission, or officer, you can be paid $12 for each day you attend and also cover your necessary expenses. However, this payment only comes from the board’s funds if they request your presence. If you appear voluntarily or at someone else's request, you won't be paid from these funds. The board will decide how much you should get and record it in their minutes.
Section § 109
This law describes the roles of the boards that set standards, conduct exams, and grant or revoke licenses, stating their decisions are mostly final. However, the director can investigate any misconduct in exams or licensing. If there's a belief that a board's actions break the law, the director can step in, potentially seeking legal action like a restraining order or asking for criminal charges. The director can enlist the Attorney General or another lawyer if needed for legal proceedings.
Section § 110
This law states that a government department in California is responsible for managing and overseeing all the assets, resources, and property related to its activities. This includes records, offices, equipment, and funds. All property used by any part of the department is technically owned by the State of California. However, the department isn't allowed to control examination questions before they're given to test-takers unless a board approves it.
Section § 111
Section § 112
This section of the law states that most agencies under the department don't have to create or distribute a directory of licensed individuals, except for the Board for Professional Engineers and Land Surveyors. If an agency decides a directory is necessary, they must work with the director to figure out how it should look, when it should be published, who should get it, and how much it should cost, if applicable. Agencies that previously needed the director's approval to make and distribute a directory still need to get that approval.
Section § 113
This law allows certain officers and employees from a department or its associated boards, committees, and commissions to meet with others in and out of California to help with their work. They can claim travel expenses for these meetings, but if the travel is outside California, the expenses need approval from both the Governor and the Director of Finance.
Section § 114
If you're a professional licensed by a state board in California and your license expired while you were serving in the military, you can get it reinstated without any penalties or exams. You need to apply while you're still on duty or within a year after you leave or return to inactive status. You'll also need to show proof of your service and pay the renewal fee. If you wait more than a year or haven't been practicing while in the service, you might have to take an exam. Even if you're in the military, you still need to keep your license active if you're working in California. Time spent in medical treatment as a veteran doesn't count towards the year limit.
Section § 114.3
If you're in a profession requiring a license in California and you get called to active military duty, you won't have to pay renewal fees, complete continuing education, or meet other renewal conditions during your service. This waiver is temporary and only applies while you're on active duty. You need to show proof of your duty to qualify. When your service ends, you've got six months to catch up on any renewal requirements. Remember, you can't work in your licensed role while you're on active duty unless the board changes your license to 'military active,' but then you can only work in military settings, not privately.
Section § 114.5
This law requires professional licensing boards to ask applicants if they are currently or have previously served in the military. If a board allows veterans to use their military experience and training to meet licensing requirements, it must provide information about this on its website.
Section § 115
This section states that the rules in Section 114 also apply to people who got their professional license or registration while serving in the military.
Section § 115.10
This section allows military servicemembers and their spouses to use their professional licenses from another state when moving to California because of military orders. To qualify, they must have a valid, in-good-standing license from another jurisdiction and provide necessary documentation, including military orders and verification of their license status. The applicant needs to perform their licensed profession recently and submit various forms to the relevant California authority to register. The registration is free, completed within 30 days, and lasts until the military orders expire. The registering authority will list the registered person's information online and can enforce rules or take action if needed. They may also create guidance for implementing these rules.
Section § 115.4
This law section requires that, starting from July 1, 2016, boards expedite the initial licensing process for individuals who have served in the U.S. Armed Forces and were honorably discharged. Starting July 1, 2024, this expedited process will also apply to active duty members enrolled in the Department of Defense SkillBridge program. The boards may create rules to implement these provisions, and the term 'applicant' refers only to individuals, not businesses or entities.
Section § 115.5
This law requires California licensing boards to speed up the application process and waive the fees for people who are married to or in a legal partnership with an active duty military member stationed in California. To qualify, the applicant must already have a professional license from another US state or territory. The law applies strictly to individual licenses, not business ones, and boards can make rules to help implement these processes.
Section § 115.6
This law is about issuing temporary professional or vocational licenses to people married to active duty military members assigned to California. To qualify, applicants need a valid license from another U.S. jurisdiction and must pass a background check, among other criteria. The temporary license can be revoked if the holder doesn't meet these requirements. It expires after 12 months or when a standard license decision is made. Fees for application or issuance of this license are not required. Some professions have additional exam requirements, and exceptions apply if other expedited processes are in place.
Section § 115.8
The Department of Consumer Affairs in California is responsible for creating a yearly report for the Legislature that details various types of licensing information connected to military members and their spouses. This report must include the number of temporary and expedited license applications by military spouses, the number of licenses issued or denied, those that were suspended or revoked, and data on waived renewal fees. Additionally, it should report on how long it takes to process these applications.
Section § 115.9
This law requires that the department and each board under it must prominently display information about licensing options for military spouses on their websites. It should cover details on how they can speed up their application process, get temporary licenses, and requirements for obtaining full licenses if they're from out of state.
Section § 116
This law allows the director to audit and review complaints and disciplinary actions related to licensees in the medical field, including informal conferences and lesser disciplines. The director can do this on their own or if asked by consumers or licensees. They can then suggest improvements to the disciplinary systems to the relevant boards or the legislature. Additionally, the director must report their findings from these audits and reviews to specific Senate and Assembly committees every year.
Section § 118
If you apply for a license and then decide to withdraw your application, the board still has the power to deny your license based on any legal reasons unless they agree in writing to let you withdraw. Similarly, if your license expires, is suspended, or you give it up without the board's written permission, the board can still take disciplinary actions against you as long as your license can be renewed or restored. The term 'board' here also covers individuals who can manage licenses, and 'license' also refers to certificates and permits.
Section § 119
This law makes it a misdemeanor to misuse or falsify professional licenses. It includes using canceled, revoked, or fake licenses, lending your license to others, pretending someone else's license is yours, refusing to return a suspended or revoked license, letting others misuse your license, making fake copies that could deceive others, and knowingly buying fake licenses. Importantly, 'license' encompasses certificates, permits, and registrations.
Section § 120
This law states that surviving spouses are allowed to keep or show a deceased spouse's canceled CPA certificate without breaking any rules from another section. It also says that anyone who has received a CPA certificate from the state board is allowed to have and display it unless their certification has been suspended or revoked.
Section § 121
If someone with a professional license (including certificates, permits, and similar authorizations) follows all the rules to renew their license before it expires, they are not breaking the law by continuing to work while waiting for the renewal to be processed. This applies even if there is a delay in receiving proof of renewal as long as the delay isn’t their fault.
Section § 121.5
If you have a professional license or registration that is officially marked as inactive or retired, you do not have to worry about late fees or renewal fees for letting it expire.
Section § 122
This law allows certain government agencies to charge a fee when they need to send you a replacement license or certificate. The fee should cover the cost of making and sending you that duplicate, but it can't be more than $25.
Section § 123
This law makes it a criminal offense to cheat in any way on licensing exams. Cheating includes tampering with exam security, removing or reproducing exam materials without permission, using unauthorized help from professional exam-takers, and accessing or distributing test questions unjustly. It also covers actions like communicating with others during the exam, copying answers, bringing in unauthorized materials, or impersonating another person for the exam. If caught, you could face fines up to $10,000 plus court costs, and this doesn't rule out being prosecuted under other laws. If parts of this law are found invalid, the rest can still be enforced.
Section § 123.5
If someone is doing or about to do something that breaks Section 123, the local superior court can step in with a legal order to stop them. This can be requested by a board, the Attorney General, or the county's district attorney. This process follows certain legal procedures, and it's an extra way to enforce the law, not a replacement for other legal actions.
Section § 124
This section allows boards within a department to send certain written notices to licensees either through regular mail, sent to their last known address, or delivered personally. This is an alternative to the default requirements outlined in another section of the Government Code.
Section § 125
This section says that if someone with a professional license helps an unlicensed person break the rules of this code, they can be charged with a misdemeanor. This includes letting the unlicensed person use their license or acting as that person's business partner or representative.
Section § 125.3
This law generally allows boards in disciplinary cases to require a licensed individual or entity that has violated licensing rules to pay back the costs incurred for investigating and managing the case. If the licensee is a corporation or partnership, the costs can be charged to the corporate entity or partnership. Evidence of these costs can include actual costs or good faith estimates. Administrative law judges decide what those costs are, though the board can reduce or dismiss this cost order. If costs aren't paid on time, the board can enforce payment through the courts. The board can refuse to renew or reinstate licenses until costs are paid, unless the licensee shows financial hardship and agrees to repay within a year. Money collected goes back to the board's funds. Recovery of costs can also be part of a settlement agreement. This rule doesn't apply if a specific law for a board already addresses cost recovery.
Section § 125.5
If someone in a particular county is doing something that breaks a rule overseen by a departmental board, the local superior court can be asked to stop them with an official order like an injunction. The board first needs approval from the director to file a petition with the court. The court can also require the person who broke the rules to pay back anyone who got hurt because of what they did. Additionally, if the court issues any order, the person might have to cover the board's costs for investigating the wrongdoing. This process adds to the board's existing powers, not replaces them.
Section § 125.6
This law says that if you have a professional license in California, you can't discriminate against someone because of their personal characteristics, like race or gender, when doing your job. However, doctors may consider such characteristics if it's needed to properly treat the patient. It doesn't apply to workplace discrimination, club memberships, or situations where removing physical barriers isn't considered discriminatory. You also don't have to let someone use your services if they pose a big safety risk or if you're not qualified for the job. An 'applicant' is anyone asking for your licensed services, and 'license' includes all kinds of official authorizations to work in regulated areas.
Section § 125.7
This law allows a court to temporarily stop a licensed professional from working if they're violating rules that might harm the public. Before doing this, the court needs proof and must notify the person unless there's a real threat to public safety. If such a restraining order is issued, formal charges should follow within 30 days, and the licensee must get a chance for a hearing. The court will cancel the order if there's no timely hearing or decision. This law works alongside other regulations to protect the public.
Section § 125.8
This law allows a court to issue a temporary restraining order against a licensed professional if they are engaging, or about to engage, in actions that violate certain rules, potentially putting public health, safety, or welfare at risk. Before issuing such an order, the court must be sure of the potential harm. However, the restraining order can be issued without prior notice if delaying it could seriously harm the public. After the order is issued, a formal accusation must be filed and served within 30 days. The professional can request a hearing, which must be held promptly. If the board does not provide a timely hearing or decision, the restraining order may be annulled.
Section § 125.9
This section allows various professional boards in California to issue citations to licensees who break the rules. These citations can order violations to be fixed or require fines up to $5,000. The citation must clearly explain what rule was broken, and if a licensee wants to contest it, they have 30 days to request a hearing. Not paying fines or ignoring orders can lead to further disciplinary action and affect license renewal. Fines and penalties are meant to ensure that violations are dealt with seriously, but paying a fine does not mean admitting guilt. All fines collected go into the board's special fund.
Section § 126
This law states that certain government agencies in the department, which used to have to send reports to the Governor, no longer need to do so.
Section § 127
Section § 128
This law makes it illegal to sell equipment, supplies, or services if you know they'll be used for work that breaks the licensing law. If you're caught, you could be fined at least $1,000 and possibly spend up to six months in jail. However, small cash sales under $100 are exempt. 'Person' in this law includes businesses and various organizations, and 'license' covers certificates or registrations too.
Section § 128.5
If a California Department of Consumer Affairs agency has leftover funds at the end of the fiscal year that are equal to or greater than its budget for the next two years, it must lower license or other fees in the following year to reduce its surplus. This applies to most agencies, but only certain specified boards and bureaus are affected differently under subsection (b).
Section § 129
This section talks about how boards that issue licenses must handle complaints about individuals they license. When they get a complaint, they have to tell the person who complained what they're doing about it within 10 days. They also need to tell them when there's a final decision. If they can't handle the complaint, they pass it on to someone who can. The board can let the accused person know about the complaint and might try to mediate. It's their job to track complaint patterns and suggest legal changes if needed. They must also inform the public about what they do. Additionally, if there's a child custody evaluation involved, they must notify the relevant party about the investigation.
Section § 130
This law states that members serving on certain professional boards or committees in California have a term of four years, which ends on June 1st. The boards and committees affected include those for medical, podiatric, and physical therapy professionals, among others. There's a specific exception mentioned for the Board of Registered Nursing regarding another part of the law.
Section § 131
This law states that certain members of government agencies or boards can't serve more than two full terms in a row. It ensures that people holding these positions don’t stay in power for too long without a break.
Section § 132
This law states that if a board or agency within a department wants to take legal action against another state or federal agency, they need permission from the department director. They must submit a written request, and the director has 30 days to approve or deny it, providing reasons. If no decision is made in 30 days, the request is automatically approved. However, if the director denies it, the board or agency can still proceed if two-thirds of its members, including at least one public member, vote to override the denial.
Section § 134
If a professional license lasts more than a year, the fees for new licenses given during that period will be adjusted so that you only pay for the portion of the term remaining. This helps ensure fairness in what you pay for a license that does not cover a full term.
Section § 135
This law tells agencies that they can't penalize someone just because they failed a previous test when they try to take it again. They can't add new rules or requirements because of past failures. However, if the test is in parts and someone passed some parts but didn't finish them all in time, the agency can make them retake all the parts. Also, the person still has to pay any regular fees and meet the usual requirements for exams.
Section § 135.4
This law makes it easier and faster for certain individuals, like refugees, those granted asylum, or people with a special immigrant visa, to get their professional license. It doesn't change the usual requirements to get a license. It just speeds up the process for these specific groups. A board can create regulations to make this happen, but it only applies to individual licenses, not business or entity licenses.
Section § 135.5
This California law ensures that people who are not legally in the U.S. can still receive state benefits from licensing. It says that people can't be denied a professional license just because of their citizenship or immigration status. Each board in the state must update their rules to follow this law by January 1, 2016, but they can do it sooner if they want.
Section § 136
If you have a license or certificate from a board to work in a certain profession in California, you need to inform the board if your mailing address changes. Do this within 30 days of moving, or possibly sooner if the board requires it. If you don’t update your address in time, you could get fined, assuming the board can issue fines.
Section § 137
This section allows agencies within a department to make rules that require licensed professionals to include their license numbers in advertisements and public communications. However, it does not apply to people who are not licensees and who might be advertising on behalf of licensees. These individuals are not responsible for including the license number if they were not given one by the licensee, or if they simply communicate the license number exactly as provided by the licensee.
Section § 138
This section requires certain professional boards in the state to create rules that mandate their licensed practitioners to inform clients or customers that they hold a state license. They needed to start this process by June 30, 1999. However, if a board already has rules or laws in place that achieve the same consumer notification, they don't need to create new ones.
Section § 139
This section outlines the importance of regularly analyzing and validating occupational exams used for professional licensure in California. It mandates that a policy be developed for this purpose, addressing things like how frequently exams should be analyzed, what qualifies as a good validation process, and cost considerations. By September 30, 1999, this policy needed to be established and shared with relevant boards and committees. Additionally, every year, boards and bureaus must submit their examination evaluation methods to the director, ensuring exams are relevant and fair. These entities may use internal or external resources for these analyses.
Section § 139.5
Starting July 1, 2021, certain boards that issue licenses in California must update their websites every three months. They need to show either how long it typically takes to handle new and renewal license applications or the combined average time. This information should be clear and easy to find on their websites.
Section § 140
If a licensed professional doesn't keep records of cash payments for employee wages for at least three years, their licensing board can take disciplinary action. If these records aren't provided when requested, it could lead to more penalties. If the board takes action and the professional is found violating this rule, they might have to pay investigation costs up to $2,500. Not paying these costs can lead to losing the license. Any money collected from these actions goes into the board's fund.
Section § 141
If a professional licensed in California is disciplined by another state or country, or a U.S. federal agency, that action can be used as a reason for California to discipline them too. The official record from the other authority is accepted as proof of what happened. Additionally, if there's a specific law that allows the California board additional disciplinary action based on the other state's decision, this law doesn't stop them from using that too.
Section § 142
This section applies to certain bureaus and programs under a director's control in California. Agencies can set the same renewal dates for people holding more than one license, potentially adjusting fees to avoid overcharging. If an application is sent back because it's incomplete, you have 12 months to resubmit it. Also, if you don't pay your renewal fee by the due date, you'll have to pay a late fee.
Section § 143
If you're running a business or practicing a profession that needs a license in California, you can't sue to get paid for work you did unless you were properly licensed the whole time you were doing that work. This applies no matter how strong your case is otherwise. You can't get around this by arguing that you almost met the licensing requirements. However, this rule doesn't apply if your contract or actions are legally allowed under another section of the law.
Section § 143.5
This law means that if you have a license regulated by the Department of Consumer Affairs, you can't make someone you're settling with promise not to complain or cooperate with the department about you in the future. If you put such a clause in a settlement agreement, it's considered void and against public policy, and you can face discipline. Additionally, after settling a lawsuit for money, the department won't force you to pay extra to the person who sued you. There's also a process where they can identify legal issues unrelated to their duties and make exceptions in settlement rules. However, this doesn't apply if you're under a specific medical disciplinary section.
Section § 144
This law states that certain agencies in California must get fingerprints from applicants to check their criminal history. These checks are done through the Department of Justice and the FBI. The specific agencies listed cover a wide range of professions, like nursing, dentistry, and architecture. Notably, the fingerprint requirement applies primarily to new applicants or those applying for new licenses or registrations.
Section § 144.5
This section allows certain boards to request and receive official records from local or state agencies about a person's arrests, convictions, and probation history. These records are used to investigate people applying for or holding licenses. Local or state agencies can provide these records when the board asks for them.
Section § 144.6
This law sets the minimum required hours for educational programs in California that qualify someone for a license. The minimum is based on what the programs offered when the law took effect. Programs that want to reduce their required hours must request a change by July 1, 2026, and the board must decide by January 1, 2027. This law will no longer be in effect after January 1, 2027.