BILL NUMBER: AB 1025 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2007
INTRODUCED BY Assembly Member Bass
FEBRUARY 22, 2007
An act to amend Sections 480, 485, 490, and 491 of the Business
and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 1025, as amended, Bass. Professions and vocations:
denial of licensure.
Existing law provides for the licensure and regulation of various
professions and vocations by boards within the Department of Consumer
Affairs. Existing law authorizes a board to deny licensure on
certain bases, including an applicant's conviction of a crime
regardless of whether the conviction has been dismissed on specified
grounds, an applicant's performance of any act involving dishonesty,
fraud, or deceit with the intent to substantially benefit himself or
herself or another or to substantially injure another, or an
applicant's performance of any act that would be grounds for
suspension or revocation of the license. Existing law requires a
board that denies an application for licensure to provide the
applicant with notice of the denial, as specified. Existing law
authorizes a board to suspend or revoke a license on the basis that a
licensee has been convicted of a crime that is substantially related
to the qualifications, functions, or duties of the business or
profession for which the license was issued, regardless of whether
the conviction has been dismissed on specified grounds, and requires
the board to provide the ex-licensee with certain information upon
doing so.
This bill would provide that a person may not be denied licensure
or have his or her license suspended or revoked based on a criminal
conviction that has been dismissed on specified grounds. The
bill would also provide that an arrest more than one year old does
not constitute grounds for denial of a license pursuant to the above
provisions if no disposition is reported. This bill would
require the board to provide an applicant or ex-licensee whose
application has been denied or whose license has been suspended or
revoked based upon a crime with a copy of the
his or her criminal history record information relied
upon in making the determination , as specified. The
bill would require the board to maintain specified information
pertaining to the provision of criminal history records and to make
that information available upon request by the Department of Justice
or the Federal Bureau of Investigation.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 480 of the Business and Professions Code is
amended to read:
480. (a) A board may deny a license regulated by this code on the
grounds that the applicant has done one of the following:
(1) Been convicted of a crime. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action which a board is
permitted to take following the establishment of a conviction may be
taken when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence.
(2) Done any act involving dishonesty, fraud or deceit with the
intent to substantially benefit himself or another, or substantially
injure another; or
(3) Done any act which if done by a licentiate of the business or
profession in question, would be grounds for suspension or revocation
of license.
The board may deny a license pursuant to this subdivision only if
the crime or act is substantially related to the qualifications,
functions or duties of the business or profession for which
application is made.
(b) Notwithstanding any other provision of this code, no person
shall be denied a license solely on the basis that he or she has been
convicted of a felony if he or she has obtained a certificate of
rehabilitation under Section 4852.01 and following of the Penal Code
or that he or she has been convicted of a misdemeanor if he or she
has met all applicable requirements of the criteria of rehabilitation
developed by the board to evaluate the rehabilitation of a person
when considering the denial of a license under subdivision (a) of
Section 482. In addition, no person shall be denied a license based
on any criminal conviction that has been dismissed pursuant to
Section 1203.4 or 1203.4a of the Penal Code.
(c) A board may deny a license regulated by this code on the
ground that the applicant knowingly made a false statement of fact
required to be revealed in the application for such license.
(d) For purposes of this section, the term "act" does not include
arrests more than one year old if no disposition is reported.
SEC. 2. Section 485 of the Business and Professions Code is
amended to read:
485. (a) Upon denial of an application for
a license under this chapter or Section 496, the board shall do
either of the following:
(a)
(1) File and serve a statement of issues in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
(b)
(2) Notify the applicant that the application is
denied, stating (1) (A) the reason for
the denial, and (2) (B) that the
applicant has the right to a hearing under Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code if written request for hearing is made within 60 days after
service of the notice of denial. Unless written request for hearing
is made within the 60-day period, the applicant's right to a hearing
is deemed waived.
Service of the notice of denial may be made in the manner
authorized for service of summons in civil actions, or by registered
mail addressed to the applicant at the latest address filed by the
applicant in writing with the board in his or her application or
otherwise. Service by mail is complete on the date of mailing.
If the denial of a license is due at least in part to the
individual's state or federal criminal history record, the board
shall include with the notice of denial a copy of the criminal
history record relied upon in making the denial determination. The
state or federal criminal history record shall not be modified or
altered from its form or content as provided by the Department of
Justice, and shall be sent to the address specified by the individual
in his or her application. The criminal history record shall be
provided in such a manner as to protect the confidentiality and
privacy of the individual's record, and the criminal history
information shall not be made available by the board to any employer.
(b) If the denial of a license is due at least in part to the
applicant's state or federal criminal history record, the board shall
include with the information provided pursuant to paragraph (1) or
(2) of subdivision (a) a copy of the applicant's criminal history
record.
(1) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(2) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record, and the criminal history record shall not be
made available by the board to any employer.
(3) The board shall record and maintain the name of the applicant,
the applicant's address, and the date the criminal history record
was provided by the board to the applicant pursuant to this section.
The board shall make that information available upon request by the
Department of Justice or the Federal Bureau of Investigation.
SEC. 3. Section 490 of the Business and Professions Code is
amended to read:
490. A board may suspend or revoke a license on the ground that
the licensee has been convicted of a crime, if the crime is
substantially related to the qualifications, functions, or duties of
the business or profession for which the license was issued. A
conviction within the meaning of this section means a plea or verdict
of guilty or a conviction following a plea of nolo contendere. Any
action which a board is permitted to take following the establishment
of a conviction may be taken when the time for appeal has elapsed,
or the judgment of conviction has been affirmed on appeal, or when an
order granting probation is made suspending the imposition of
sentence No license shall be suspended or revoked based on any
criminal conviction that has been dismissed pursuant to Section
1203.4 or 1203.4a of the Penal Code.
SEC. 4. Section 491 of the Business and Professions Code is
amended to read:
491. (a) Upon suspension or revocation of a
license by a board on one or more of the grounds specified in
Section 490, the board shall do all both
of the following:
(a)
(1) Send a copy of the provisions of Section 11522 of
the Government Code to the ex-licensee.
(b)
(2) Send a copy of the criteria relating to
rehabilitation formulated under Section 482 to the ex-licensee.
(c) Send a copy of the criminal history record relied upon in
making the determination to suspend or revoke the license to the
ex-licensee. The state or federal criminal history record information
shall not be modified or altered from its form or content as
provided by the Department of Justice, and shall be provided to the
board's address of record of the ex-licensee. The criminal history
record shall be provided in such a manner as to protect the
confidentiality and privacy of the individual's record, and the
criminal history information shall not be made available by the board
to any employer.
(b) If the suspension or revocation of a license is due at least
in part to the ex-licensee's state or federal criminal history
record, the board shall include with the information provided
pursuant to subdivision (a) a copy of the ex-licensee's criminal
history record.
(1) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(2) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the ex-licensee's
criminal history record, and the criminal history record shall not be
made available by the board to any employer.
(3) The board shall record and maintain the name of the
ex-licensee, the ex-licensee's address, and the date the criminal
history record was provided by the board to an ex-licensee pursuant
to this section. The board shall make that information available upon
request by the Department of Justice or the Federal Bureau of
Investigation.