BILL NUMBER: AB 2423	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN SENATE  JUNE 17, 2008

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 21, 2008

   An act to amend Sections 2878.9  and 4521.1  
, 4521.1, 7396.5, and 7403  of, and to add Sections 2844, 2879,
4506, 4522, 4808.5, 4845,  4846,   4845.5,
 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,  t   he State Board of
Barbering and Cosmetology,  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 
    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.  Existing law also authorizes the Board of Vocational Nursing
and Psychiatric Technicians of the State of California and the State
Board of Barbering and Cosmetology to issue a probationary license
to an applicant who meets specified requirements and conditions.
Existing law also authorizes the State Board of Barbering and
Cosmetology to revoke, suspend, or deny a license at any time on any
of the grounds for disciplinary action and, upon the denial of a
license,   requires the board to provide a specified
statement of reasons for the denial and requires this board to
conduct a specified study related to licensing functions that may
create barriers to employing people with criminal records and to
report these findings to the Legislature on or before September 1,
2007. 
   This bill would authorize  the Board of Vocational Nursing
and Psychiatric Technicians of the State of California, the
Veterinary Medical Board  , with respect to registered
veterinary technicians  , the Structural Pest Control Board, and
the Director of Consumer Affairs,  with respect to licensed
private investigators and registered automotive repair dealers, 
to issue a probationary license or registration to an applicant
subject to specified terms and conditions. The bill would require
these boards  , the Board of Vocational Nursing and Psychiatric
Technicians of the State of California, the State Board of Barbering
and Cosmetology,  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
applicants whose criminal convictions have been dismissed, 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  , other than the
State Board of Barbering and Cosmetology,  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 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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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 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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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   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 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 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   registration  .
   (2) A process to obtain a standard  license  
registration  for applicants who were issued a probationary
 license   registration  .
   (3) Supervision requirements.
   (4) Compliance and quarterly reporting requirements.
  SEC. 9.  Section  4846   4845.5  is added
to the Business and Professions Code, to read:
    4846.   4845.5.   (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   registration  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  
registration  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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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 7396.5 of the   Business and
Professions Code   is amended to read: 
   7396.5.  (a)  The   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 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.  
   (b) 
   (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. 11.    Section 7403 of the   Business
and Professions Code   is amended to read: 
   7403.  (a)  The   Notwithstanding any other
provision of law, the  board may revoke, suspend, or deny at any
time any license required by this chapter 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 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 denying a license to an applicant, 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 barber or cosmetologist.  
   (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 charges by the board for investigating the
case, charges incurred by the office of the Attorney General for
investigating and presenting the case, and 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 under this section shall be deposited in the board's
contingent fund as a scheduled reimbursement in the fiscal year in
which the costs are actually recovered.
   SEC. 10.   SEC. 12.   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
  a license  .
   (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.   SEC. 13.   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   director may, in his or her sole
discretion, grant 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
  grant  a probationary license, the director shall
request that an applicant with a dismissed conviction provide proof
of that dismissal and
    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 
 director  .
   (c) The director may modify or terminate the terms and conditions
imposed on the probationary  registration  
license  upon receipt of a petition from the applicant or
licensee.
   (d) For purposes of  issuing   granting 
a probationary license to qualified new applicants  the
board   , 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. 12.   SEC. 14.   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   director
 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   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  board   director  to
any employer.
   (C) The  board   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 
board   director  to the applicant pursuant to this
section.
   (2) The  board   director  shall make
that information available upon request by the Department of Justice
or the Federal Bureau of Investigation.
   (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.
   (f) In any case in which the administrative law judge recommends
that the  board   director  revoke,
suspend, or deny a license, the administrative law judge may, upon
presentation of suitable proof, order the licensee to pay the
 board   director  the reasonable costs of
the investigation and adjudication of the case. For purposes of this
section, "costs" include any charges by the  board 
 director  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.
   (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   director  . When the  board
  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.
   (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   director  may have as to any
licensee directed to pay costs.
   (i) In any judicial action for the recovery of costs, proof of the
 board's   director's  decision shall be
conclusive proof of the validity of the order of payment and the
terms for payment.
   (j) Notwithstanding any other provision of law, all costs
recovered by the  board   director  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.   SEC. 15.   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.   SEC. 16.   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
    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.   SEC. 17.   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.
   (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.
   (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.
   (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.
   (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.
   (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.
   (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.   SEC. 18.   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.   SEC. 19.   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 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 
 director  .
   (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
  registration  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   registration  .
   (2) A process to obtain a standard  license  
registration  for applicants who were issued a probationary
 license   registration  .
   (3) Supervision requirements.
   (4) Compliance and quarterly reporting requirements.
   SEC. 18.   SEC. 20.   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   registration  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  
registration  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.
   (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.
   (f) In any case in which the administrative law judge recommends
that the  board   director  revoke,
suspend, or deny a registration, the administrative law judge may,
upon presentation of suitable proof, order the registrant to pay the
 board   director  the reasonable costs of
the investigation and adjudication of the case. For purposes of this
section, "costs" include any charges by the  board 
 director  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.
   (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.
   (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.
   (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.
   (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.