BILL NUMBER: AB 2423 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Bass FEBRUARY 21, 2008 An act to amend Sections 2878.9 and 4521.1 of, and to add Sections 2844, 2879, 4506, 4522, 4808.5, 4845, 4846, 7516, 7526.1, 7564.1, 8524.5, 8572, 8623, 9882.6, 9884.21, and 9884.22 to, the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGEST AB 2423, as introduced, Bass. Professions and vocations: licensure. Existing law provides for the licensure, registration, and regulation of various professions and vocations by boards and bureaus, including, but not limited to, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Veterinary Medical Board, the Structural Pest Control Board, the Bureau of Security and Investigative Services, and the Bureau of Automotive Repair, 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 substantially related to the qualifications, functions, or duties of the licensed business or profession, 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 provides that 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 specified certificate of rehabilitation, or that he or she has been convicted of a misdemeanor, if he or she has met certain rehabilitation requirements. Existing law requires a board that denies an application for licensure to either file and serve a statement of issues or provide the applicant with certain information upon doing so. 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 licensed business or profession, 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 authorize the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the Veterinary Medical Board, the Structural Pest Control Board, and the Director of Consumer Affairs, to issue a probationary license or registration to an applicant subject to specified terms and conditions. The bill would require these boards and the director, when considering the issuance of a probationary license or registration, to request that an applicant with a dismissed conviction provide proof of that dismissal and would require that consideration be given to whether the applicant's criminal conviction has been dismissed, there have been no subsequent criminal convictions, and either at least 3 years have passed since the dismissal of the criminal conviction or at least 5 years have passed since the person completed his or her sentence. The bill would also authorize these boards and the director to revoke, suspend, or deny at any time any required license or registration and, upon the denial of a license or registration, would require these boards and the director to provide a specified statement of reasons for a denial. The bill would require these boards and the director to conduct a specified study related to licensing or registration functions that may create barriers to employing people with criminal records and to report these findings to the Legislature on or before September 1, 2010. 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 2844 is added to the Business and Professions Code, to read: 2844. (a) The board shall study the effects of current law, regulations, and policy related to the licensing functions of the board that may create unnecessary barriers to employing people with criminal records as licensed vocational nurses. The objective of the study shall be to identify changes in law or board policy to help remove unnecessary barriers to licensing due to criminal records while protecting the safety and security of patients and the integrity of the practice of vocational nursing. The board shall report all of its findings to the Legislature on or before September 1, 2010. (b) For each of the calendar years 2003, 2004, 2005, 2006, and 2007, the study shall provide the following information: (1) The total number of applicants. (2) The number of applicants who were denied licensure. (3) The number of applicants who disclosed a criminal record on their application. Of those applicants: (A) The number of applicants who were denied licensure. (B) The number of applicants who were denied licensure who requested a hearing to appeal the decision. (C) The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary license. (D) The age and severity of each offense. (E) The number of applicants with nonviolent drug offenses. (F) The number of applicants with misdemeanor offenses. (G) The number of applicants that were asked by the board to supply additional information relating to their criminal record. (H) The number of applicants who provided evidence of rehabilitation. (4) The criteria applied by the board to determine whether an applicant's criminal record is substantially related to the requested license, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses. (5) The criteria applied by the board to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensing. (6) The average length of time that an appeal was pending relative to the date of the hearing request and final decision. (7) The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing. SEC. 2. Section 2878.9 of the Business and Professions Code is amended to read: 2878.9. (a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license. (b) Specific terms and conditions may include, but are not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (c) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall take into account, but shall not be limited to considering, the following: (A) Whether the applicant's misdemeanor conviction has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code, and there have been no subsequent misdemeanor convictions, and either at least three years have passed since the dismissal of the misdemeanor conviction or at least five years have passed since the person completed his or her sentence. (B) Whether the applicant's felony conviction has been dismissed pursuant to Section 1203.4 of the Penal Code, and there have been no subsequent felony convictions, and either at least three years have passed since the dismissal of the felony conviction or at least five years have passed since the person completed his or her sentence. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee. SEC. 3. Section 2879 is added to the Business and Professions Code, to read: 2879. (a) Notwithstanding Section 2878 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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, and the board shall have all the powers granted therein. (b) The board may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board's decision was based on the applicant's prior criminal conviction, justifies the board's denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed vocational nurse. (d) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant's request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (e) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include any charges by the board for investigating the case, any charges incurred by the office of the Attorney General for investigating and presenting the case, and any charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (f) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (g) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (h) In any judicial action for the recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (i) Notwithstanding any other provision of law, all costs recovered by the board under this section shall be deposited in the Vocational Nursing and Psychiatric Technicians Fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered. SEC. 4. Section 4506 is added to the Business and Professions Code, to read: 4506. (a) The board shall study the effects of current law, regulations, and policy related to the licensing functions of the board that may create unnecessary barriers to employing people with criminal records as licensed psychiatric technicians. The objective of the study shall be to identify changes in law or board policy to help remove unnecessary barriers to licensing due to criminal records while protecting the safety and security of patients and the integrity of the practice of psychiatric technicians. The board shall report all of its findings to the Legislature on or before September 1, 2010. (b) For each of the calendar years 2003, 2004, 2005, 2006, and 2007, the study shall provide the following information: (1) The total number of applicants. (2) The number of applicants who were denied licensure. (3) The number of applicants who disclosed a criminal record on their application. Of those applicants: (A) The number of applicants who were denied licensure. (B) The number of applicants who were denied licensure who requested a hearing to appeal the decision. (C) The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary license. (D) The age and severity of each offense. (E) The number of applicants with nonviolent drug offenses. (F) The number of applicants with misdemeanor offenses. (G) The number of applicants that were asked by the board to supply additional information relating to their criminal record. (H) The number of applicants who provided evidence of rehabilitation. (4) The criteria applied by the board to determine whether an applicant's criminal record is substantially related to the requested license, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses. (5) The criteria applied by the board to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensing. (6) The average length of time that an appeal was pending relative to the date of the hearing request and final decision. (7) The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing. SEC. 5. Section 4521.1 of the Business and Professions Code is amended to read: 4521.1. (a) The board may issue an initial license on probation, with specific terms and conditions, to any applicant who has violated any term of this chapter, but who has met all other requirements for licensure and who has successfully completed the examination for licensure within four years of the date of issuance of the initial license. (b) Specific terms and conditions may include, but are not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (c) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall take into account, but shall not be limited to considering, the following: (A) Whether the applicant's misdemeanor conviction has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code, and there have been no subsequent misdemeanor convictions, and either at least three years have passed since the dismissal of the misdemeanor conviction or at least five years have passed since the person completed his or her sentence. (B) Whether the applicant's felony conviction has been dismissed pursuant to Section 1203.4 of the Penal Code, and there have been no subsequent felony convictions, and either at least three years have passed since the dismissal of the felony conviction or at least five years have passed since the person completed his or her sentence. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (d) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee. SEC. 6. Section 4522 is added to the Business and Professions Code, to read: 4522. (a) Notwithstanding Section 4521 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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, and the board shall have all the powers granted therein. (b) The board may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board's decision was based on the applicant's prior criminal conviction, justifies the board's denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed psychiatric technician. (d) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant's request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (e) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include any charges by the board for investigating the case, any charges incurred by the office of the Attorney General for investigating and presenting the case, and any charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (f) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (g) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (h) In any judicial action for the recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (i) Notwithstanding any other provision of law, all costs recovered by the board under this section shall be deposited in the Vocational Nursing and Psychiatric Technicians Fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered. SEC. 7. Section 4808.5 is added to the Business and Professions Code, to read: 4808.5. (a) The board shall study the effects of current law, regulations, and policy related to the registration functions of the board that may create unnecessary barriers to employing people with criminal records as registered veterinary technicians. The objective of the study shall be to identify changes in law or board policy to help remove unnecessary barriers to registration due to criminal records while protecting the safety and security of animals and the integrity of the practice of registered veterinary technicians. The board shall report all of its findings to the Legislature on or before September 1, 2010. (b) For each of the calendar years 2003, 2004, 2005, 2006, and 2007, the study shall provide the following information: (1) The total number of applicants. (2) The number of applicants who were denied registration. (3) The number of applicants who disclosed a criminal record on their application. Of those applicants: (A) The number of applicants who were denied registration. (B) The number of applicants who were denied registration who requested a hearing to appeal the decision. (C) The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary license. (D) The age and severity of each offense. (E) The number of applicants with nonviolent drug offenses. (F) The number of applicants with misdemeanor offenses. (G) The number of applicants that were asked by the board to supply additional information relating to their criminal record. (H) The number of applicants who provided evidence of rehabilitation. (4) The criteria applied by the board to determine whether an applicant's criminal record is substantially related to the requested registration, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses. (5) The criteria applied by the board to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensing. (6) The average length of time that an appeal was pending relative to the date of the hearing request and final decision. (7) The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing. SEC. 8. Section 4845 is added to the Business and Professions Code, to read: 4845. (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary registration to an applicant subject to terms and conditions deemed appropriate by the board, including, but not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary registration, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall take into account, but shall not be limited to considering, the following: (A) Whether the applicant's misdemeanor conviction has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code, and there have been no subsequent misdemeanor convictions, and either at least three years have passed since the dismissal of the misdemeanor conviction or at least five years have passed since the person completed his or her sentence. (B) Whether the applicant's felony conviction has been dismissed pursuant to Section 1203.4 of the Penal Code, and there have been no subsequent felony convictions, and either at least three years have passed since the dismissal of the felony conviction or at least five years have passed since the person completed his or her sentence. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (c) The board may modify or terminate the terms and conditions imposed on the probationary registration upon receipt of a petition from the applicant or registrant. SEC. 9. Section 4846 is added to the Business and Professions Code, to read: 4846. (a) Notwithstanding Sections 4837 and 4842.6 or any other provision of law, the board may revoke, suspend, or deny at any time a registration under this article on any of the grounds for disciplinary action provided in this article. The proceedings under this section 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, and the board shall have all the powers granted therein. (b) The board may deny a registration to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for registration, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board's decision was based on the applicant's prior criminal conviction, justifies the board's denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a registered veterinary technician. (d) Notwithstanding Section 487, the board shall conduct a hearing of a registration denial within 90 days of receiving an applicant's request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (e) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a registration, the administrative law judge may, upon presentation of suitable proof, order the registrant to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include any charges by the board for investigating the case, any charges incurred by the office of the Attorney General for investigating and presenting the case, and any charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (f) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (g) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any registrant directed to pay costs. (h) In any judicial action for the recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (i) Notwithstanding any other provision of law, all costs recovered by the board under this section shall be deposited in the Veterinary Medical Board Contingent Fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered. SEC. 10. Section 7516 is added to the Business and Professions Code, to read: 7516. (a) The director shall study the effects of current law, regulations, and policy related to the licensing functions of the director that may create unnecessary barriers to employing people with criminal records as licensed private investigators. The objective of the study shall be to identify changes in law or the director's policy to help remove unnecessary barriers to licensure due to criminal records while protecting the safety and security of customers and the integrity of the private investigation business. The director shall report all of his or her findings to the Legislature on or before September 1, 2010. (b) For each of the calendar years 2003, 2004, 2005, 2006, and 2007, the study shall provide the following information: (1) The total number of applicants. (2) The number of applicants who were denied registration. (3) The number of applicants who disclosed a criminal record on their application. Of those applicants: (A) The number of applicants who were denied licensure. (B) The number of applicants who were denied licensure who requested a hearing to appeal the decision. (C) The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary license. (D) The age and severity of each offense. (E) The number of applicants with nonviolent drug offenses. (F) The number of applicants with misdemeanor offenses. (G) The number of applicants that were asked by the director to supply additional information relating to their criminal record. (H) The number of applicants who provided evidence of rehabilitation. (4) The criteria applied by the director to determine whether an applicant's criminal record is substantially related to the requested license, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses. (5) The criteria applied by the director to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensure. (6) The average length of time that an appeal was pending relative to the date of the hearing request and final decision. (7) The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing. SEC. 11. Section 7526.1 is added to the Business and Professions Code, to read: 7526.1. (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and conditions deemed appropriate by the director, including, but not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the director shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall take into account, but shall not be limited to considering, the following: (A) Whether the applicant's misdemeanor conviction has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code, and there have been no subsequent misdemeanor convictions, and either at least three years have passed since the dismissal of the misdemeanor conviction or at least five years have passed since the person completed his or her sentence. (B) Whether the applicant's felony conviction has been dismissed pursuant to Section 1203.4 of the Penal Code, and there have been no subsequent felony convictions, and either at least three years have passed since the dismissal of the felony conviction or at least five years have passed since the person completed his or her sentence. (2) The director shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (c) The director may modify or terminate the terms and conditions imposed on the probationary registration upon receipt of a petition from the applicant or licensee. SEC. 12. Section 7564.1 is added to the Business and Professions Code, to read: 7564.1. (a) Notwithstanding Sections 7561.1 and 7561.4 or any other provision of law, the director may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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, and the board shall have all the powers granted therein. (b) The director may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the director shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the director's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the director's decision was based on the applicant's prior criminal conviction, justifies the director's denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed private investigator. (d) Notwithstanding Section 487, the director shall conduct a hearing of a license denial within 90 days of receiving an applicant' s request for a hearing. For all other hearing requests, the director shall determine when the hearing shall be conducted. (e) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include any charges by the board for investigating the case, any charges incurred by the office of the Attorney General for investigating and presenting the case, and any charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (f) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (g) The director may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (h) In any judicial action for the recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (i) Notwithstanding any other provision of law, all costs recovered by the board under this section shall be deposited in the Private Investigator Fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered. SEC. 13. Section 8524.5 is added to the Business and Professions Code, to read: 8524.5. (a) The board shall study the effects of current law, regulations, and policy related to the licensing functions of the board that may create unnecessary barriers to employing people with criminal records as licensed structural pest control operators. The objective of the study shall be to identify changes in law or board policy to help remove unnecessary barriers to licensing due to criminal records while protecting the safety and security of the public and the integrity of the practice of structural pest control. The board shall report all of its findings to the Legislature on or before September 1, 2010. (b) For each of the calendar years 2003, 2004, 2005, 2006, and 2007, the study shall provide the following information: (1) The total number of applicants. (2) The number of applicants who were denied licensure. (3) The number of applicants who disclosed a criminal record on their application. Of those applicants: (A) The number of applicants who were denied licensure. (B) The number of applicants who were denied licensure who requested a hearing to appeal the decision. (C) The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary license. (D) The age and severity of each offense. (E) The number of applicants with nonviolent drug offenses. (F) The number of applicants with misdemeanor offenses. (G) The number of applicants that were asked by the board to supply additional information relating to their criminal record. (H) The number of applicants who provided evidence of rehabilitation. (4) The criteria applied by the board to determine whether an applicant's criminal record is substantially related to the requested license, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses. (5) The criteria applied by the board to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensing. (6) The average length of time that an appeal was pending relative to the date of the hearing request and final decision. (7) The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing. SEC. 14. Section 8572 is added to the Business and Professions Code, to read: 8572. (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and conditions deemed appropriate by the board, including, but not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary license, the board shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall take into account, but shall not be limited to considering, the following: (A) Whether the applicant's misdemeanor conviction has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code, and there have been no subsequent misdemeanor convictions, and either at least three years have passed since the dismissal of the misdemeanor conviction or at least five years have passed since the person completed his or her sentence. (B) Whether the applicant's felony conviction has been dismissed pursuant to Section 1203.4 of the Penal Code, and there have been no subsequent felony convictions, and either at least three years have passed since the dismissal of the felony conviction or at least five years have passed since the person completed his or her sentence. (2) The board shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (c) The board may modify or terminate the terms and conditions imposed on the probationary license upon receipt of a petition from the applicant or licensee. SEC. 15. Section 8623 is added to the Business and Professions Code, to read: 8623. (a) Notwithstanding Section 8620 or any other provision of law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section 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, and the board shall have all the powers granted therein. (b) The board may deny a license to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the board's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the board's decision was based on the applicant's prior criminal conviction, justifies the board's denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed structural pest control operator. (d) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant's request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted. (e) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include any charges by the board for investigating the case, any charges incurred by the office of the Attorney General for investigating and presenting the case, and any charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (f) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (g) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (h) In any judicial action for the recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (i) Notwithstanding any other provision of law, all costs recovered by the board under this section shall be deposited in the Structural Pest Control Fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered. SEC. 16. Section 9882.6 is added to the Business and Professions Code, to read: 9882.6. (a) The director shall study the effects of current law, regulations, and policy related to the registration functions of the director that may create unnecessary barriers to employing people with criminal records as registered automotive repair dealers. The objective of the study shall be to identify changes in law or the director's policy to help remove unnecessary barriers to registration due to criminal records while protecting the safety and security of customers and the integrity of the automotive repair business. The director shall report all of his or her findings to the Legislature on or before September 1, 2010. (b) For each of the calendar years 2003, 2004, 2005, 2006, and 2007, the study shall provide the following information: (1) The total number of applicants. (2) The number of applicants who were denied registration. (3) The number of applicants who disclosed a criminal record on their application. Of those applicants: (A) The number of applicants who were denied registration. (B) The number of applicants who were denied registration who requested a hearing to appeal the decision. (C) The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary registration. (D) The age and severity of each offense. (E) The number of applicants with nonviolent drug offenses. (F) The number of applicants with misdemeanor offenses. (G) The number of applicants that were asked by the director to supply additional information relating to their criminal record. (H) The number of applicants who provided evidence of rehabilitation. (4) The criteria applied by the director to determine whether an applicant's criminal record is substantially related to the requested registration, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses. (5) The criteria applied by the director to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensing. (6) The average length of time that an appeal was pending relative to the date of the hearing request and final decision. (7) The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing. SEC. 17. Section 9884.21 is added to the Business and Professions Code, to read: 9884.21. (a) Notwithstanding any other provision of law, the director may, in his or her sole discretion, issue a probationary registration to an applicant subject to terms and conditions deemed appropriate by the director, including, but not limited to, the following: (1) Continuing medical, psychiatric, or psychological treatment. (2) Ongoing participation in a specified rehabilitation program. (3) Abstention from the use of alcohol or drugs. (4) Compliance with all provisions of this chapter. (b) (1) Notwithstanding any other provision of law, and for purposes of this section, when deciding whether to issue a probationary registration, the director shall request that an applicant with a dismissed conviction provide proof of that dismissal and shall take into account, but shall not be limited to considering, the following: (A) Whether the applicant's misdemeanor conviction has been dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code, and there have been no subsequent misdemeanor convictions, and either at least three years have passed since the dismissal of the misdemeanor conviction or at least five years have passed since the person completed his or her sentence. (B) Whether the applicant's felony conviction has been dismissed pursuant to Section 1203.4 of the Penal Code, and there have been no subsequent felony convictions, and either at least three years have passed since the dismissal of the felony conviction or at least five years have passed since the person completed his or her sentence. (2) The director shall also take into account and consider any other reasonable documents or individual character references provided by the applicant that may serve as evidence of rehabilitation as deemed appropriate by the board. (c) The director may modify or terminate the terms and conditions imposed on the probationary registration upon receipt of a petition from the applicant or registrant. SEC. 18. Section 9884.22 is added to the Business and Professions Code, to read: 9884.22. (a) Notwithstanding any other provision of law, the director may revoke, suspend, or deny at any time any registration required by this article on any of the grounds for disciplinary action provided in this article. The proceedings under this article 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, and the director shall have all the powers granted therein. (b) The director may deny a registration to an applicant on any of the grounds specified in Section 480. (c) In addition to the requirements provided in Sections 485 and 486, upon denial of an application for registration to an applicant, the director shall provide a statement of reasons for the denial that does the following: (1) Evaluates evidence of rehabilitation submitted by the applicant, if any. (2) Provides the director's criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs. (3) If the director's decision was based on the applicant's prior criminal conviction, justifies the director's denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a registered automotive repair dealer. (d) Notwithstanding Section 487, the director shall conduct a hearing of a registration denial within 90 days of receiving an applicant's request for a hearing. For all other hearing requests, the director shall determine when the hearing shall be conducted. (e) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a registration, the administrative law judge may, upon presentation of suitable proof, order the registrant to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include any charges by the board for investigating the case, any charges incurred by the office of the Attorney General for investigating and presenting the case, and any charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (f) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the director. When the director does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (g) The director may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the director may have as to any registrant directed to pay costs. (h) In any judicial action for the recovery of costs, proof of the director's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (i) Notwithstanding any other provision of law, all costs recovered by the director under this section shall be deposited in the Vehicle Inspection and Repair Fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.