BILL NUMBER: AB 2423	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2008
	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 ,   2878.9,
 4521.1, 7396.5, and 7403 of, and to add Sections  2844,
 2879,  4506,  4522,  4808.5,
 4845, 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, the 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 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 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  or grant  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  or granting  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   a  license
or registration  at any time on any of the grounds for
disciplinary action  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 1.   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   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.   SEC. 2.   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.   SEC. 3.   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   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.  SEC. 4.   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 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.   SEC. 5.   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   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
registration.
   (2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
   (3) Supervision requirements.
   (4) Compliance and quarterly reporting requirements.
   SEC. 9.   SEC. 6.   Section 4845.5 is
added to the Business and Professions Code, to read:
   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 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 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.   SEC. 7.   Section 7396.5 of
the Business and Professions Code is amended to read:
   7396.5.  (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. 11.   SEC. 8.   Section 7403 of the
Business and Professions Code is amended to read:
   7403.  (a) 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.
   (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 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.
   (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 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. 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 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. 13.   SEC. 9.   Section 7526.1 is
added to the Business and Professions Code, to read:
   7526.1.  (a) Notwithstanding any other provision of law, the
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 grant a
probationary license, the director shall request that an applicant
with a dismissed conviction provide proof of that dismissal 
and 
    shall   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 director.
   (c) The director 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 granting 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. 14.   SEC. 10.   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 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 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 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 director revoke, suspend, or deny a license, the
administrative law judge may, upon presentation of suitable proof,
order the licensee to pay the director the reasonable costs of the
investigation and adjudication of the case. For purposes of this
section, "costs" include any charges by the 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 licensee 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 Private Investigator Fund as a scheduled reimbursement in the
fiscal year in which the costs are actually recovered. 

  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. 16.   SEC. 11.   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   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. 17.   SEC. 12.   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. 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. 19.   SEC. 13.   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   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 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 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
registration.
   (2) A process to obtain a standard registration for applicants who
were issued a probationary registration.
   (3) Supervision requirements.
   (4) Compliance and quarterly reporting requirements.
   SEC. 20.   SEC. 14.   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
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 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 director revoke, suspend, or deny a registration, the
administrative law judge may, upon presentation of suitable proof,
order the registrant to pay the director the reasonable costs of the
investigation and adjudication of the case. For purposes of this
section, "costs" include any charges by the 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.

  ____ CORRECTIONS  Text-Pages 18 and 19.
                                  ____