BILL NUMBER: AB 2423 CHAPTERED
BILL TEXT
CHAPTER 675
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 21, 2008
PASSED THE ASSEMBLY AUGUST 29, 2008
AMENDED IN SENATE AUGUST 19, 2008
AMENDED IN SENATE AUGUST 12, 2008
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, 4521.1, 7396.5, and 7403 of, and
to add Sections 2879, 4522, 4845, 4845.5, 7526.1, 7564.1, 8572, 8623,
9884.21, and 9884.22 to, the Business and Professions Code, relating
to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2423, 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.
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 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 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 on
or after July 1, 2009, a copy of the applicant's criminal history
record if the applicant makes a specified written request for it.
The bill would provide that its provisions relating to the
Veterinary Medical Board shall become operative only if SB 1584 of
the 2007-08 Regular Session is also enacted and becomes operative.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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.
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 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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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.
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
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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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.
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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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. 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
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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the director for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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.
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
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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the board for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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.
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 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. 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) Commencing July 1, 2009, all of the following shall apply:
(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, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the director for a copy, specifying an address to which it is to be
sent.
(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 retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(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.
SEC. 15. Sections 5 and 6 of this act shall become operative only
if Senate Bill 1584 of the 2007-08 Regular Session is also enacted
and becomes operative.