BILL NUMBER: AB 409 CHAPTERED 09/22/06 CHAPTER 381 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2006 APPROVED BY GOVERNOR SEPTEMBER 22, 2006 PASSED THE ASSEMBLY AUGUST 30, 2006 PASSED THE SENATE AUGUST 23, 2006 AMENDED IN SENATE AUGUST 21, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN SENATE MAY 10, 2006 AMENDED IN SENATE JULY 6, 2005 AMENDED IN SENATE JUNE 23, 2005 AMENDED IN ASSEMBLY APRIL 18, 2005 INTRODUCED BY Assembly Member Yee FEBRUARY 15, 2005 An act to add Section 7403.2 to the Business and Professions Code, relating to barbering and cosmetology, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 409, Yee Disciplinary actions: suspension. Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of cosmetologists, barbers, estheticians, manicurists, and electrologists by, until July 1, 2007, the State Board of Barbering and Cosmetology. Under the act, the board may revoke or suspend a license it has issued and it may assess an administrative fine for a violation of the act or of a rule or regulation adopted by the board pursuant to the act. This bill would authorize the board's executive officer, or his or her designee, to suspend without a hearing a license issued by the board if required to protect the public's health and safety. The bill would immediately stay the suspension and place the license on probation for one year, subject to specified terms and conditions. The bill would provide the licensee with appeal rights to the disciplinary review committee established by the board and would require the board to reinstate the license upon the licensee's completion of all probationary terms and conditions. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7403.2 is added to the Business and Professions Code, to read: 7403.2. (a) Notwithstanding any other provision of law, the executive officer or his or her designee, pursuant to an inspection of an establishment where health and safety laws and regulations related to manicure and pedicure equipment have been violated and a citation issued, may, without advance hearing, suspend temporarily a license issued under this chapter if, in the opinion of the executive officer or his or her designee, the action is necessary to protect the public's health and safety. The suspension shall be effective upon the executive officer or his or her designee providing written notice of the suspension to the licensee. (b) The suspension of a license pursuant to this section shall be immediately stayed. The license shall be placed on probation for one year from the date of the suspension and be subject to the following terms and conditions: (1) The licensee shall undertake board-approved remedial training related to the health and safety laws and regulations applicable to the establishment. (2) The licensee shall be subject to reinspection by the board. The owner of the establishment shall pay all costs of inspection. (3) The licensee shall pay all citation fines to the board. In cases of economic hardship, the licensee may enter into an agreement with the board to make periodic payments to pay the citation fine amount. (c) The licensee whose license was suspended under this section may appeal in writing to the disciplinary review committee to determine if the suspension and the probationary terms and conditions should be modified or set aside. The appeal shall be submitted to the committee within 30 days of the effective date of the license suspension. An appeal not submitted within that timeframe shall be rejected by the committee. The appeal shall be conducted pursuant to the process described in Section 7410. The licensee may appeal the decision of the committee to the program administrator pursuant to the process described in Section 7411. (d) If the licensee fails to comply with the probationary terms and conditions imposed under this section, the board may petition to revoke the licensee's probation. The proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (e) Upon the licensee's successful completion of the probationary terms and conditions, the board shall reinstate the license. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to provide authority to the State Board of Barbering and Cosmetology at the earliest possible time to take immediate action to protect the public's health and safety, it is necessary that this act take effect immediately.