BILL NUMBER: AB 1025	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 11, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2007
	AMENDED IN SENATE  JULY 5, 2007
	AMENDED IN ASSEMBLY  MAY 31, 2007
	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, Bass. Professions and vocations: 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
based solely on a criminal conviction if the person has been
rehabilitated, as specified. The bill would also provide that a
person may not be denied licensure or have his or her license
suspended or revoked solely based on a criminal conviction that has
been dismissed on certain grounds, unless the board provides
substantial evidence, as specified, justifying the denial,
suspension, or revocation. The 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 his or her criminal history record, as specified. The
bill would require the board to maintain certain 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. The bill would require the
department to prepare annual reports to the Legislature documenting
the board's denial, suspension, or revocation of licenses based on
the bill's provisions.


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:
   (1) No person shall be denied a license solely on the basis that
he or she has been convicted of a felony if either of the following
apply:
   (A) He or she has obtained a certificate of rehabilitation under
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code.
   (B) The felony conviction has been dismissed pursuant to Section
1203.4 of the Penal Code, which creates a presumption of
rehabilitation for purposes of this paragraph, unless the board
provides substantial evidence to the contrary in writing to the
person justifying the board's denial of the license based solely on
his or her dismissed felony conviction that is substantially related
to the qualifications, functions, or duties of the business or
profession for which application is made.
   (2) No person shall be denied a license solely on the basis that
he or she has been convicted of a misdemeanor if either of the
following apply:
   (A) 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.
   (B) The misdemeanor conviction has been dismissed pursuant to
either Section 1203.4 or 1203.4a of the Penal Code, which creates a
presumption of rehabilitation for purposes of this paragraph, unless
the board provides substantial evidence to the contrary in writing to
the person justifying the board's denial of the license based solely
on his or her dismissed misdemeanor conviction that is substantially
related to the qualifications, functions, or duties of the business
or profession for which application is made.
   (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) The department shall annually prepare a report, to be
submitted to the Legislature on October 1, that documents board
denials of licenses based solely on dismissed felony or misdemeanor
convictions as specified in subdivision (b).
  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:
   (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.
   (2) Notify the applicant that the application is denied, stating
(A) the reason for the denial, and (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 a written
request for a hearing is made within 60 days after service of the
notice of denial. Unless a written request for a 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.
   (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) 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.
   (b) No license shall be suspended or revoked based solely on any
criminal conviction that has been dismissed pursuant to Section
1203.4 or 1203.4a of the Penal Code, since that dismissal creates a
presumption of rehabilitation for purposes of this section, unless
the board provides substantial evidence to the contrary in writing to
the person justifying the board's suspension or revocation of the
license based solely on his or her dismissed conviction that is
substantially related to the qualifications, functions, or duties of
the business or profession for which the license was made.
   (c) The department shall annually prepare a report, to be
submitted to the Legislature on October 1, that documents board
suspensions or revocations of licenses based solely on dismissed
criminal convictions as specified in subdivision (b).
  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 both of the following:
   (1) Send a copy of the provisions of Section 11522 of the
Government Code to the ex-licensee.
   (2) Send a copy of the criteria relating to rehabilitation
formulated under Section 482 to the ex-licensee.
   (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.