BILL NUMBER: AB 2423	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2008

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 amended, 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  special  consideration be
given to  whether the applicant's  applicants
whose  criminal  conviction has  
convictions have  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
  as specified  .  The bill would require the
boards and the director to develop standard terms of probation, as
specified.  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  and   , if
applicable, a copy of the applicant's criminal history record  .
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.   shall
give special consideration to applicants   whose
convictions have been dismissed pursuant to Section 1203.4 or 1203.4a
of the Penal Code. 
   (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. 
   (e) For purposes of issuing a probationary license to qualified
new applicants the board shall develop standard terms of probation
that shall include, but not be limited to, the following:  
   (1) A three-year limit on the individual probationary license.
 
   (2) A process to obtain a standard license for applicants who were
issued a probationary license.  
   (3) Supervision requirements.  
   (4) Compliance and quarterly reporting requirements. 
  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) (1) 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 (3) of
subdivision (c) a copy of the applicant's criminal history record.
 
   (A) 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.  
   (B) 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.  
   (C) 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.
 
   (2) The board shall make this information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
 
   (d) 
    (e)  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) 
    (f)  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) 
    (g)  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) 
    (h)  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) 
    (i)  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) 
    (j)  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.   shall
give special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.

   (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. 
   (e) For purposes of issuing a probationary license to qualified
new applicants the board shall develop standard terms of probation
that shall include, but not be limited to, the following:  
   (1) A three-year limit on the individual probationary license.
 
   (2) A process to obtain a standard license for applicants who were
issued a probationary license.  
   (3) Supervision requirements.  
   (4) Compliance and quarterly reporting requirements. 
  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) (1) 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 (3) of
subdivision (c) a copy of the applicant's criminal history record.
 
   (A) 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.  
   (B) 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.  
   (C) 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.
 
   (2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
 
   (d) 
    (e)  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) 
    (f)  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) 
    (g)  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) 
    (h)  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) 
    (i)  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) 
    (j)  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.   shall
give special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.

   (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. 
   (d) For purposes of issuing a probationary license to qualified
new applicants the board shall develop standard terms of probation
that shall include, but not be limited to, the following:  
   (1) A three-year limit on the individual probationary license.
 
   (2) A process to obtain a standard license for applicants who were
issued a probationary license.  
   (3) Supervision requirements.  
   (4) Compliance and quarterly reporting requirements. 
  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) (1) 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 (3) of
subdivision (c) a copy of the applicant's criminal history record.
 
   (A) 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.  
   (B) 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.  
   (C) 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.
 
   (2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
 
   (d) 
    (e)  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) 
    (f)  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) 
    (g)  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) 
    (h)  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) 
    (i)  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) 
    (j)  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.   shall
give special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.

   (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. 
   (d) For purposes of issuing a probationary license to qualified
new applicants the board shall develop standard terms of probation
that shall include, but not be limited to, the following:  
   (1) A three-year limit on the individual probationary license.
 
   (2) A process to obtain a standard license for applicants who were
issued a probationary license.  
   (3) Supervision requirements.  
   (4) Compliance and quarterly reporting requirements. 
  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) (1) 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 (3) of
subdivision (c) a copy of the applicant's criminal history record.
 
   (A) 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.  
   (B) 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.  
   (C) 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.
 
   (2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
 
   (d) 
    (e)  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) 
    (f)  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) 
    (g)  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) 
    (h)  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) 
    (i)  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) 
    (j)  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.   give
special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.

   (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. 
   (d) For purposes of issuing a probationary license to qualified
new applicants the board shall develop standard terms of probation
that shall include, but not be limited to, the following:  
   (1) A three-year limit on the individual probationary license.
 
   (2) A process to obtain a standard license for applicants who were
issued a probationary license.  
   (3) Supervision requirements.  
   (4) Compliance and quarterly reporting requirements. 
  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) (1) 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 (3) of
subdivision (c) a copy of the applicant's criminal history record.
 
   (A) 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.  
   (B) 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.  
   (C) 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.
 
   (2) The board shall make that information available upon request
by the Department of Justice or the Federal Bureau of Investigation.
 
   (d) 
    (e)  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) 
    (f)  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) 
    (g)  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) 
    (h)  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) 
    (i) 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) 
    (j)  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.   shall
give special consideration to applicants whose convictions have been
dismissed pursuant to Section 1203.4 or 1203.4a of the Penal Code.

   (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. 
   (d) For purposes of issuing a probationary license to qualified
new applicants the director shall develop standard terms of probation
that shall include, but not be limited to, the following:  

   (1) A three-year limit on the individual probationary license.
 
   (2) A process to obtain a standard license for applicants who were
issued a probationary license.  
   (3) Supervision requirements.  
   (4) Compliance and quarterly reporting requirements. 
  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) (1) If the denial of a license is due at least in part to the
applicant's state or federal criminal history record, the director
shall include with the information provided pursuant to paragraph (3)
of subdivision (c) a copy of the applicant's criminal history
record.  
   (A) 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.  
   (B) 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 director to any employer.  
   (C) The director shall record and maintain the name of the
applicant, the applicant's address, and the date the criminal history
record was provided by the director to the applicant pursuant to
this section.  
   (2) The director shall make that information available upon
request by the Department of Justice or the Federal Bureau of
Investigation.  
   (d) 
    (e)  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) 
    (f)  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) 
    (g)  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) 
    (h)  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) 
    (i)  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) 
   (j)  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.