Chapter 2.6Use of Administrative Action for Licensure

Section § 1499

Explanation

This law requires anyone applying for certain licenses or certificates to disclose any previous revocations or final actions against similar permits. The department can consider these past actions when deciding whether to approve a new license or certificate. Applicants must also disclose any criminal history, including arrests or convictions, during the background check process, and confirm the truthfulness of this information. If false information is provided, the applicant might face administrative actions, such as denial or revocation of their license or exemption.

(a)CA Health and Safety Code § 1499(a) Any person or entity licensed or certificated under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 2.3 (commencing with Section 1400), Chapter 2.35 (commencing with Section 1416), Chapter 3.3 (commencing with Section 1570), Chapter 8 (commencing with Section 1725), Chapter 8.3 (commencing with Section 1743), Chapter 8.5 (commencing with Section 1745), or Chapter 8.6 (commencing with Section 1760) of this code, or under Section 1247.6 of the Business and Professions Code, shall, in addition to all other requirements, disclose as part of the application for the license or certificate any revocation or other final administrative action taken against a license, certificate, registration, or other approval to engage in a profession, vocation, or occupation, or a license or other permission to operate a facility or institution.
(b)CA Health and Safety Code § 1499(b) The department may consider, in determining whether to grant or deny the license or certification, any final revocation or other final administrative action taken against a license, certificate, registration, or other permission to engage in a profession, vocation, or occupation or a license or other permission to operate a facility or institution.
(c)CA Health and Safety Code § 1499(c) An applicant and any other person specified in this subdivision, as part of the background clearance process, shall provide information as to whether or not the person has any prior criminal convictions, has had any arrests within the past 12-month period, or has any active arrests, and shall certify that, to the best of his or her knowledge, the information provided is true. This requirement is not intended to duplicate existing requirements for individuals who are required to submit fingerprint images as part of a criminal background clearance process. Every applicant shall provide information on any prior administrative action taken against him or her by any federal, state, or local government agency and shall certify that, to the best of his or her knowledge, the information provided is true. An applicant or other person required to provide information pursuant to this section that knowingly or willfully makes false statements, representations, or omissions may be subject to administrative action, including, but not limited to, denial of his or her application or exemption or revocation of any exemption previously granted.
license revocation administrative action background clearance criminal convictions disclosure license denial license application requirements criminal background check arrest disclosure false information consequences certification disclosure facility operation permission administrative action consequences profession licensing false statements penalty exemption revocation
(Amended by Stats. 2010, Ch. 328, Sec. 122. (SB 1330) Effective January 1, 2011.)