BILL NUMBER: SB 969	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2012
	AMENDED IN SENATE  APRIL 18, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Vargas

                        JANUARY 17, 2012

   An act to add  Article 7 (commencing with Section 4918) to
Chapter 11 of Division 2 of the Business and Professions Code
   and repeal Chapter 10 (commencing with Section
122370) of Part 6 of Division 105 of the Health and Safety Code 
, relating to pet grooming.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 969, as amended, Vargas. Pet groomers.
   Existing law provides for the licensure and regulation of
veterinarians and registered veterinary technicians by the Veterinary
Medical Board.
   This bill would  create   enact, until
January 1, 2017, provisions governing the certification of pet
groomers and creating  the California Pet Grooming Council
 and   to administer the certification process.
The bill  would make it an unfair business practice for any
person engaged in pet grooming to advertise or hold himself or
herself out as a registered, certified, or licensed pet groomer
without being certified and regulated by the council. The bill would
establish the requirements necessary to obtain a certificate as a pet
groomer or a pet bather and brusher and set forth the duties and
obligations of a certified pet groomer or a pet bather and brusher,
as specified. The bill would set forth the duties of the council with
regard to the regulation of pet groomers and pet bathers and
brushers and require the board to adopt a fee schedule that would
apply to certificate holders. The bill would set forth standards for
discipline and authorize the council to impose administrative
penalties for a violation of these provisions.
   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.    Chapter 10 (commencing with Section
122370) is added to Part 6 of Division 105 of the   Health
and Safety Code   , to read:  
      CHAPTER 10.  PET GROOMERS


   122370.  The following definitions shall apply for purposes of
this chapter:
   (a) "Council" means the California Pet Grooming Council.
   (b) "Pet" means any animal placed in the care of a pet groomer for
grooming or styling.
   (c) "Pet groomer" means an individual who bathes, brushes, clips,
or styles a pet for compensation.
   (d) "Pet grooming" means the act of bathing, brushing, clipping,
or styling a pet.
   (e) "Pet grooming facility" means a commercial establishment where
a pet may be bathed, brushed, clipped, or styled.
   122371.  (a) The California Pet Grooming Council shall be created
and shall have the responsibilities and duties set forth in this
chapter. The council may take any reasonable actions to carry out the
responsibilities and duties set forth in this chapter, including,
but not limited to, hiring staff and entering into contracts.
   (b) (1) The council shall be composed of the following members:
   (A) Two members from Society for the Prevention of Cruelty to
Animals (SPCA) associations, one from northern California, and one
from southern California, unless that entity chooses not to exercise
this right of selection.
   (B) One member selected by each state or nationwide pet specialty
retailer that provides pet grooming services, with gross annual sales
exceeding one hundred fifty million dollars ($150,000,000), unless
the entity chooses not to exercise this right of selection.
   (C) One member selected by the State Humane Association of
California, unless that entity chooses not to exercise this right of
selection.
   (D) One member selected by the Director of Consumer Affairs,
unless he or she chooses not to exercise this right of selection.
   (E) One member selected by the Veterinary Medical Board, unless
that entity chooses not to exercise this right of selection.
   (F) One member selected by the California Animal Control Directors
Association, unless that entity chooses not to exercise this right
of selection.
   (G) One member selected by the National Dog Groomers Association
of America, Inc., unless that entity chooses not to exercise this
right of selection.
   (H) Two members selected by the State Bar of California who have
animal law experience and who have been nominated by a fellow animal
law attorney, unless that entity chooses not to exercise the right of
selection.
   (I) One member who is a registered veterinary technician selected
by the California Registered Veterinary Technicians Association.
   (J) One member who is a licensed veterinarian selected by the
California Veterinary Medical Association.
   (2) The council's bylaws shall establish a process for appointing
other professional members as determined by the council, including
two members who represent pet groomers who own or operate independent
facilities and are not affiliated with a pet specialty retailer
described in subparagraph (B) of paragraph (1) or another retailer of
comparable size.
   (3) The initial members of the council shall establish the
council, initiate the request for tax-exempt status from the Internal
Revenue Service, and solicit input from the pet grooming community
concerning the operations of the council. The initial members of the
council, in their discretion, may immediately undertake to issue the
certificates authorized by this chapter after adopting the necessary
bylaws or other rules, or may establish by adoption of bylaws the
permanent governing structure prior to issuing certificates.
   (c) The council shall establish fees reasonably related to the
cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees shall be
established by the council annually.
   (d) The meetings of the council shall be subject to the rules of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
   122372.  (a) The council shall issue a certificate under this
chapter to an applicant who satisfies the requirements of this
chapter.
   (b) In order to obtain certification as a pet groomer, an
applicant shall submit a written application and shall provide the
council with satisfactory evidence that he or she meets all of the
following requirements:
   (1) The applicant is 18 years of age or older.
   (2) The applicant has successfully completed a curriculum,
approved by the council, in pet grooming and related subjects,
totaling a minimum of 300 hours, that incorporates appropriate school
assessment of student knowledge and skills and that provides a
minimum of 1,000 hours of hands-on experience in pet grooming; or has
a minimum of 1,000 hours of hands-on experience in pet grooming and
successfully passes a pet grooming certification test established by
the council.
   (3) All fees required by the council have been paid.
   (c) The council shall issue a certificate to an applicant who
meets the qualifications of this chapter and who holds a current and
valid registration, certification, or license from any other state
whose requirements meet or exceed those defined within this chapter.
The council shall have discretion to give credit for comparable
academic work completed by an applicant in a program outside of
California.
   (d) An applicant applying for a pet bather and brusher certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets both of the following requirements:
   (1) The applicant is 18 years of age or older.
   (2) Any of the following:
   (A) The applicant has successfully completed a curriculum,
approved by the council, in pet grooming and related subjects,
totaling a minimum of 300 hours, that incorporates appropriate school
assessment of student knowledge and skills.
   (B) The applicant has a minimum of 300 hours of training under the
supervision of a certified pet groomer.
   (C) The applicant has successfully completed a pet grooming
certification test established by the council.
   (e) Prior to the issuance of a certificate by the council, every
applicant shall provide proof that he or she is insured against
negligent acts associated with his or her activity as a pet groomer.
   (f) Any certification issued under this chapter shall be subject
to renewal every two years in a manner prescribed by the council, and
shall expire unless renewed in that manner. The council may provide
for the late renewal of a license.
   122373.  (a) The council may discipline a certificate holder by
any, or a combination, of the following methods:
   (1) Placing the certificate holder on probation.
   (2) Suspending the certificate and the rights conferred by this
article on a certificate holder for a period not to exceed one year.
   (3) Revoking the certificate.
   (4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
   (5) Taking other action as the council, as authorized by this
article or its bylaws, deems proper.
   (b) The council may issue an initial certificate on probation,
with specific terms and conditions, to any applicant.
   (c) (1) Notwithstanding any other law, if the council receives
notice that a certificate holder has been arrested and charges have
been filed by the appropriate prosecuting agency against the
certificate holder alleging a violation of subdivision (b) of Section
597 of the Penal Code, the council shall take all of the following
actions:
   (A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
   (B) Notify the certificate holder within 10 days at the address
last filed with the council that the certificate has been suspended,
and the reason for the suspension.
   (C) Notify within 10 days any business that the council has in its
records as employing the certificate holder that the certificate has
been suspended.
   (2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The council
shall provide notice to the certificate holder within 10 days that
it has evidence of a valid record of conviction and that the
certificate will be revoked unless the certificate holder provides
evidence within 15 days that the conviction is either invalid or that
the information is otherwise erroneous.
   (3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
   122374.  (a) Upon the request of any law enforcement agency, the
council shall provide information concerning a certificate holder,
including, but not limited to, the current status of the certificate,
any history of disciplinary actions taken against the certificate
holder, the home and work addresses of the certificate holder, and
any other information in the council's possession that is necessary
to verify facts relevant to an investigation being conducted by a law
enforcement agency.
   (b) The council shall accept information provided by any law
enforcement agency or any other representative of a local government
agency. The council shall have the responsibility to review any
information received and to take any actions authorized by this
chapter that are warranted by that information.
   122375.  It is a violation of this chapter for a certificate
holder to commit, and the council may deny an application for a
certificate or discipline a certificate holder for committing, any of
the following:
   (a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
another professional licensing board established under this
division. A certified copy of the decision, order, or judgment shall
be conclusive evidence of these actions.
   (b) Procuring a certificate by fraud, misrepresentation, or
mistake.
   (c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any rule or bylaw adopted
by the council.
   (d) Conviction of any felony, or conviction of a misdemeanor that
is substantially related to Section 597 of the Penal Code, in which
event the record of the conviction shall be conclusive evidence of
the crime.
   (e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for the
issuance of a certificate.
   (f) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
   122376.  (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate pursuant to Section 122375
except according to procedures satisfying the requirements of this
section. A denial or discipline not in accord with this section or
subdivision (c) of Section 122373 shall be void and without effect.
   (b) Any denial of a certificate to an applicant or any discipline
imposed on a certificate holder shall be done in good faith and in a
fair and reasonable manner. Any procedure that conforms to the
requirements of subdivision (c) is fair and reasonable, but a court
may also find other procedures to be fair and reasonable when the
full circumstances of the certificate denial or certificate holder
discipline are considered.
   (c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 122373 are followed, or if all of the
following apply:
   (1) The procedure has been set forth in the articles or bylaws, or
copies of the procedure are sent annually to all the members as
required by the articles or bylaws.
   (2) The procedure provides for the giving of 15 days' prior notice
of the denial or discipline and the reasons therefor.
   (3) The procedure provides an opportunity for the certificate
applicant or certificate holder to be heard, orally or in writing,
not less than five days before the effective date of the denial or
discipline by a person or body authorized to decide that the proposed
denial or discipline not take place.
   (d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the council's records.
   (e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
   (f) This section governs only the procedures for certificate
denial or certificate holder discipline and not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based upon substantive grounds that violates contractual
or other rights of the member or is otherwise unlawful is not made
valid by compliance with this section.
   (g) The council shall be sued only in the venue of its principal
office.
   122377.  It shall be the responsibility of any certificate holder
to notify the council of his or her home address, as well as the
address of any business establishment where he or she regularly works
as a pet groomer or pet bather and brusher, whether as an employee
or as an independent contractor. A certificate holder shall notify
the council within 30 days of changing either his or her home address
or the address of the business establishment where he or she
regularly works as a pet groomer or pet bather and brusher.
   122378.  A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her certificate at his or
her place of business.
   122379.  (a) Notwithstanding Section 122372, the council may grant
a pet groomer or a pet bather and brusher certificate to any person
who applies on or after January 1, 2013, with one of the following:
   (1) A current valid pet grooming permit or license from a
California city, county, or city and county and documentation
evidencing that the person has provided at least 500 hours of pet
grooming services to members of the public for compensation.
   (2) Documentation evidencing that the person has completed at
least a 100-hour pet grooming curriculum and has provided at least
500 hours of pet grooming services to members of the public for
compensation. For purposes of this subdivision, evidence of practice
shall include either of the following:
   (A) A W-2 form or employer's affidavit containing the dates of the
applicant's employment.
   (B) Tax returns indicating self-employment as a pet groomer, pet
bather and brusher, or any other title that may demonstrate
experience in the field of pet grooming.
   (b) After reviewing the information submitted under subdivision
(a), the council may require additional information necessary to
enable it to determine whether to issue a certificate.
   (c) (1) A person applying for a pet groomer certificate on or
after January 1, 2013, who meets the educational requirements of
paragraph (2) of subdivision (a), but who has not completed the
required number of practice hours prior to submitting an application
pursuant to this section, may apply for a conditional certificate.
   (2) An applicant for a conditional certificate shall, within five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until he or she has
completed a total of at least 300 hours of education, which may
include hours previously completed in a pet grooming curriculum
described in paragraph (2) of subdivision (a).
   (3) Upon successful completion of the requirements of this
subdivision, the council shall issue a certificate to the person that
is not conditional.
   (4) A conditional certificate issued to any person pursuant to
this subdivision shall immediately be nullified, without need for
further action by the council, if the time period specified in
paragraph (2) expires without proof of completion of the requirements
having been filed with the council.
   (5) Any additional education required by this section may be
completed through any of the following:
   (A) A curriculum approved by the council.
   (B) A provider approved by, or registered with, the Department of
Consumer Affairs.
   (d) Nothing in this section shall preclude the council from
exercising any power or authority conferred by this article with
respect to a conditional certificate holder.
   122380.  (a) It is an unfair business practice for any person to
advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is certified, registered, or licensed by a governmental
agency as a pet groomer or pet bather and brusher.
   (b) It is an unfair business practice for any person to hold
himself or herself out as, or use the title of, "certified pet
groomer" or "certified pet brusher and bather" or to use any other
term such as "licensed" or "registered" that implies or suggests that
the person is certified as a pet groomer or a pet bather and brusher
without meeting the requirements of this chapter.
   (c) The superior court in and for the county in which any person
acts as a pet groomer in violation of the provisions of this chapter
may, upon a petition by any person, issue an injunction or other
appropriate order restraining the conduct. The proceedings under this
paragraph shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure.
   122381.  (a) Every application for admission to examination and
certification shall be in writing, on forms prepared and furnished by
the council.
   (b) Each application shall be accompanied by the required fee, and
shall contain proof of the qualifications of the applicant for
examination and certification. It shall be verified by the oath of
the applicant. Every applicant shall, as a condition of admittance to
the examination facility, present satisfactory proof of
identification. Satisfactory proof of identification shall be in the
form of a valid, unexpired driver's license or identification card,
containing the photograph of the person to whom it was issued, issued
by any state, federal, or other governmental entity.
   122382.  (a) The examination of applicants for certification shall
include both a practical demonstration and a written test and shall
embrace the subjects typically taught in a curriculum approved by the
council.
   (b) The examination shall not be confined to any particular system
or method. It shall be consistent in both practical and technical
requirements, and of sufficient thoroughness to satisfy the board as
to the applicant's skill in, and knowledge of, the practice of the
occupation for which a certificate is sought.
   (c) The scope of examinations shall be consistent with the
definition of the activities licensed under this chapter, and shall
be as the council, by regulation, may require to protect the health
and safety of consumers of the services provided by certificate
holders.
   (d) The council's examinations shall be limited to job-related
questions, activities, and practical services. The examinations may
include other demonstrations and tests as the council, in its
discretion, may require.
   122383.  All examinations shall be prepared by or under the
direction of the council. The council shall establish standards and
procedures governing administration and grading and shall exercise
supervision as may be necessary to ensure compliance therewith.
   122384.  Any person who fails the pet groomer's certification
examination shall be eligible to retake the examination upon
compliance with the provisions of this chapter.
   122385.  The council may contract or otherwise arrange for
reasonably required physical accommodations and facilities to conduct
examinations.
   122386.  The form and content of a certificate issued by the
council shall be determined by the council.
   122387.  The council shall create a record of those certified
pursuant to this chapter. The record shall include a certificate
holder's first and last name, license number, and a record of any
disciplinary action taken against the licensee, including the
suspension or revocation of the certificate holder's pet grooming
certification.
   122388.  Certificates issued under this chapter, unless
specifically excepted, shall be issued for a two-year period and
shall expire at midnight on the last day of the month of issuance by
the council.
   122389.  Except as otherwise provided in this chapter, a
certificate that has expired for failure of the certificate holder to
renew within the time fixed by this chapter may be renewed at any
time within five years following its expiration upon application and
payment of all accrued and unpaid renewal fees, delinquency fees, and
fines. Renewal under this section shall be effective on the date on
which the application is filed, or on the date on which the accrued
renewal fees, delinquency fee, or fines are paid, if any, whichever
occurs last. If so renewed, the certificate shall continue in effect
through the expiration date provided in this chapter which next
occurs following the effective date of the renewal, when it shall
expire if it is not again renewed.
   122390.  Except as otherwise provided in this chapter, a
certificate which has not been renewed within five years following
its expiration shall be deemed canceled and may not be renewed,
restored, reinstated, or reissued thereafter. The holder of the
canceled certificate may obtain a new certificate only by submitting
an application, paying all required fees, and qualifying for and
passing the examination that would be required if the holder were
applying for the certificate for the first time.
   122391.  A suspended certificate is subject to expiration and
shall be renewed by the certificate holder as provided in this
chapter, but that renewal does not entitle the certificate holder,
while the certificate remains suspended and before it is reinstated,
to engage in the pet grooming activity, or in any other activity or
conduct in violation of the order or judgment by which the
certificate was suspended.

122392.  A revoked certificate is subject to expiration as provided
in this chapter, but may not be renewed. If it is reinstated pursuant
to an administrative or court proceeding after its expiration, the
certificate holder, as a condition precedent to its reinstatement,
shall pay a reinstatement fee in an amount established by the council
pursuant to Section 122393.
   122393.  (a) The council shall establish a schedule of fees
payable under this chapter, including, but not limited to, all of the
following:
   (1) Application and examination fees.
   (2) Initial certification fees.
   (3) Renewal fees.
   (4) Reinstatement fees.
   (5) Delinquency fees.
   (6) Duplicate certificate fees.
   (7) Processing fee, not to exceed twenty dollars ($20) to cover
the costs of processing the application and certificate.
   (b) No fee established pursuant to subdivision (a) shall be in
excess of the costs to the council of administering the activity
covered by that fee.
   122394.  This chapter shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.  
  SECTION 1.    Article 7 (commencing with Section
4918) is added to Chapter 11 of Division 2 of the Business and
Professions Code, to read:

      Article 7.  Pet Groomers


   4918.  The following definitions shall apply for purposes of this
article:
   (a) "Council" means the California Pet Grooming Council.
   (b) "Pet" means any animal placed in the care of a pet groomer for
grooming or styling.
   (c) "Pet groomer" means an individual, licensed as a pet groomer,
who bathes, brushes, clips, or styles a pet for compensation.
   (d) "Pet grooming" means the act of bathing, brushing, clipping,
or styling a pet.
   (e) "Pet grooming facility" means a commercial establishment where
a pet may be bathed, brushed, clipped, or styled.
   4918.1.  (a) The California Pet Grooming Council shall be created
and shall have the responsibilities and duties set forth in this
article. The council may take any reasonable actions to carry out the
responsibilities and duties set forth in this article, including,
but not limited to, hiring staff and entering into contracts.
   (b) (1) The council shall be composed of the following members:
   (A) Two members from Society for the Prevention of Cruelty to
Animals (SPCA) associations, one from northern California, and one
from southern California, unless that entity chooses not to exercise
this right of selection.
   (B) One member selected by each state or nationwide pet specialty
retailer that provides pet grooming services, with gross annual sales
exceeding one hundred fifty million dollars ($150,000,000), unless
the entity chooses not to exercise this right of selection.
   (C) One member selected by the State Humane Association of
California, unless that entity chooses not to exercise this right of
selection.
   (D) One member selected by the Director of Consumer Affairs,
unless he or she chooses not to exercise this right of selection.
   (E) One member selected by the Veterinary Medical Board, unless
that entity chooses not to exercise this right of selection.
   (F) One member selected by the California Animal Control Directors
Association, unless that entity chooses not to exercise this right
of selection.
   (G) One member selected by the National Dog Groomers Association
of America, Inc., unless that entity chooses not to exercise this
right of selection.
   (H) Two members selected by the State Bar of California, who have
animal law experience and who have been nominated by a fellow animal
law attorney, unless that entity chooses not to exercise the right of
selection.
   (2) The council's bylaws shall establish a process for appointing
other professional members as determined by the council.
   (3) The initial members of the council shall establish the
council, initiate the request for tax-exempt status from the Internal
Revenue Service, and solicit input from the pet grooming community
concerning the operations of the council. The initial members of the
council, in their discretion, may immediately undertake to issue the
certificates authorized by this article after adopting the necessary
bylaws or other rules, or may establish by adoption of bylaws the
permanent governing structure prior to issuing certificates.
   (c) The council shall establish fees reasonably related to the
cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees shall be
established by the council annually.
   (d) The meetings of the council shall be subject to the rules of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
   4918.2.  (a) The council shall issue a certificate under this
article to an applicant who satisfies the requirements of this
article.
   (b) In order to obtain certification as a pet groomer, an
applicant shall submit a written application and provide the council
with satisfactory evidence that he or she meets all of the following
requirements:
   (1) The applicant is 18 years of age or older.
   (2) The applicant has successfully completed a curriculum,
approved by the council, in pet grooming and related subjects,
totaling a minimum of 300 hours, that incorporates appropriate school
assessment of student knowledge and skills and that provides a
minimum of 1,000 hours of hands-on experience in pet grooming; or has
a minimum of 1,000 hours of hands-on experience in pet grooming and
successfully passes a pet grooming certification test established by
the council.
   (3) All fees required by the council have been paid.
   (c) The council shall issue a certificate to an applicant who
meets the qualifications of this article and who holds a current and
valid registration, certification, or license from any other state
whose licensure requirements meet or exceed those defined within this
article. The council shall have discretion to give credit for
comparable academic work completed by an applicant in a program
outside of California.
   (d) An applicant applying for a pet bather and brusher certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets both of the following requirements:
   (1) The applicant is 18 years of age or older.
   (2) Any of the following:
   (A) The applicant has successfully completed a curriculum,
approved by the council, in pet grooming and related subjects,
totaling a minimum of 300 hours, that incorporates appropriate school
assessment of student knowledge and skills.
   (B) The applicant has a minimum of 300 hours of training under the
supervision of a certified pet groomer.
   (C) The applicant has successfully completed a pet grooming
certification test established by the council.
   (e) Prior to the issuance of a certificate by the council, every
applicant shall provide proof that he or she is insured against
negligent acts associated with his or her activity as a pet groomer.
   (f) Any certification issued under this article shall be subject
to renewal every two years in a manner prescribed by the council, and
shall expire unless renewed in that manner. The council may provide
for the late renewal of a license.
   4918.3.  (a) The council may discipline a certificate holder by
any, or a combination, of the following methods:
   (1) Placing the certificate holder on probation.
   (2) Suspending the certificate and the rights conferred by this
article on a certificate holder for a period not to exceed one year.
   (3) Revoking the certificate.
   (4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
   (5) Taking other action as the council, as authorized by this
article or its bylaws, deems proper.
   (b) The council may issue an initial certificate on probation,
with specific terms and conditions, to any applicant.
   (c) (1) Notwithstanding any other law, if the council receives
notice that a certificate holder has been arrested and charges have
been filed by the appropriate prosecuting agency against the
certificate holder alleging a violation of subdivision (b) of Section
597 of the Penal Code or any requirement of Section 4918.12, the
council shall take all of the following actions:
   (A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
   (B) Notify the certificate holder within 10 days at the address
last filed with the council that the certificate has been suspended,
and the reason for the suspension.
   (C) Notify any business within 10 days that the council has in its
records as employing the certificate holder that the certificate has
been suspended.
   (2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The council
shall provide notice to the certificate holder within 10 days that
it has evidence of a valid record of conviction and that the
certificate will be revoked unless the certificate holder provides
evidence within 15 days that the conviction is either invalid or that
the information is otherwise erroneous.
   (3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
   4918.4.  (a) Upon the request of any law enforcement agency, the
council shall provide information concerning a certificate holder,
including, but not limited to, the current status of the certificate,
any history of disciplinary actions taken against the certificate
holder, the home and work addresses of the certificate holder, and
any other information in the council's possession that is necessary
to verify facts relevant to an investigation being conducted by a law
enforcement agency.
   (b) The council shall accept information provided by any law
enforcement agency or any other representative of a local government
agency. The council shall have the responsibility to review any
information received and to take any actions authorized by this
article that are warranted by that information.
   4918.5.  It is a violation of this article for a certificate
holder to commit, and the council may deny an application for a
certificate or discipline a certificate holder for committing, any of
the following:
   (a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
another professional licensing board established under this
division. A certified copy of the decision, order, or judgment shall
be conclusive evidence of these actions.
   (b) Procuring a certificate by fraud, misrepresentation, or
mistake.
   (c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this article or any rule or bylaw adopted
by the council.
   (d) Conviction of any felony, or conviction of a misdemeanor that
is substantially related to Section 597 of the Penal Code, in which
event the record of the conviction shall be conclusive evidence of
the crime.
   (e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this article for the
issuance of a certificate.
   (f) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
   4918.6.  (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate pursuant to Section 4918.5
except according to procedures satisfying the requirements of this
section. A denial or discipline not in accord with this section or
subdivision (c) of Section 4918.3 shall be void and without effect.
   (b) Any denial of a certificate to an applicant or any discipline
imposed on a certificate holder shall be done in good faith and in a
fair and reasonable manner. Any procedure that conforms to the
requirements of subdivision (c) is fair and reasonable, but a court
may also find other procedures to be fair and reasonable when the
full circumstances of the certificate denial or certificate holder
discipline are considered.
   (c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 4918.3 are followed, or if all of the
following apply:
   (1) The procedure has been set forth in the articles or bylaws, or
copies of the procedure are sent annually to all the members as
required by the articles or bylaws.
   (2) The procedure provides for the giving of 15 days' prior notice
of the denial or discipline and the reasons therefor.
   (3) The procedure provides an opportunity for the certificate
applicant or certificate holder to be heard, orally or in writing,
not less than five days before the effective date of the denial or
discipline by a person or body authorized to decide that the proposed
denial or discipline not take place.
   (d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the council's records.
   (e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
   (f) This section governs only the procedures for certificate
denial or certificate holder discipline and not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based upon substantive grounds that violates contractual
or other rights of the member or is otherwise unlawful is not made
valid by compliance with this section.
   (g) The council shall be sued only in the venue of its principal
office.
   4918.7.  It shall be the responsibility of any certificate holder
to notify the council of his or her home address, as well as the
address of any business establishment where he or she regularly works
as a pet groomer or pet bather and brusher, whether as an employee
or as an independent contractor. A certificate holder shall notify
the council within 30 days of changing either his or her home address
or the address of the business establishment where he or she
regularly works as a pet groomer or pet bather and brusher.
   4918.8.  A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her certificate at his or
her place of business.
   4918.9.  (a) Notwithstanding Section 4918.2, the council may grant
a pet groomer or a pet bather and brusher certificate to any person
who applies on or before January 1, 2013, with one of the following:
   (1) A current valid pet grooming permit or license from a
California city, county, or city and county and documentation
evidencing that the person has provided at least 500 hours of pet
grooming services to members of the public for compensation.
   (2) Documentation evidencing that the person has completed at
least a 100-hour pet grooming curriculum and has provided at least
500 hours of pet grooming services to members of the public for
compensation. For purposes of this subdivision, evidence of practice
shall include either of the following:
   (A) A W-2 form or employer's affidavit containing the dates of the
applicant's employment.
   (B) Tax returns indicating self-employment as a pet groomer, pet
bather and brusher, or any other title that may demonstrate
experience in the field of pet grooming.
   (b) After reviewing the information submitted under subdivision
(a), the council may require additional information necessary to
enable it to determine whether to issue a certificate.
   (c) (1) A person applying for a pet groomer certificate on or
before January 1, 2013, who meets the educational requirements of
paragraph (2) of subdivision (a), but who has not completed the
required number of practice hours prior to submitting an application
pursuant to this section, may apply for a conditional certificate.
   (2) An applicant for a conditional certificate shall, within five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until he or she has
completed a total of at least 300 hours of education, which may
include hours previously completed in a pet grooming curriculum
described in paragraph (2) of subdivision (a).
   (3) Upon successful completion of the requirements of this
subdivision, the council shall issue a certificate to the person that
is not conditional.
   (4) A conditional certificate issued to any person pursuant to
this subdivision shall immediately be nullified, without need for
further action by the council, if the time period specified in
paragraph (2) expires without proof of completion of the requirements
having been filed with the council.
   (5) Any additional education required by this section may be
completed through any of the following:
   (A) An approved curriculum.
   (B) A provider approved by, or registered with, the council or the
Department of Consumer Affairs.
   (C) A provider that establishes to the satisfaction of the council
that its curriculum is an appropriate educational program for this
purpose.
   (d) Nothing in this section shall preclude the council from
exercising any power or authority conferred by this article with
respect to a conditional certificate holder.
   4918.11.  (a) It is an unfair business practice for any person to
state, to hold himself or herself out, or advertise or put out any
sign or card or other device, or to represent to the public through
any print or electronic media, that he or she is certified,
registered, or licensed by a governmental agency as a pet groomer or
pet bather and brusher without meeting the requirements of this
article.
   (b) The superior court in and for the county in which any person
acts as a pet groomer in violation of the provisions of this chapter
may, upon a petition by any person, issue an injunction or other
appropriate order restraining the conduct. The proceedings under this
paragraph shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure.
   (c) A violation of this article shall not be subject to Section
4831.
   4918.13.  For purposes of certification, the council shall approve
a curriculum for training pet groomers. Application forms for a
curriculum provider requesting approval shall be furnished by the
council. Approval by the council shall be for a two-year period.
Reapplication for approval by the council shall be made at the end of
the two-year period.
   4919.  (a) Students engaged in performing grooming services while
enrolled in a curriculum approved by the council shall not be
required to be certified under this article if they perform those
services under the appropriate supervision of a certified pet
groomer.
   (b) Individuals engaged in performing grooming services while not
enrolled in a curriculum approved by the council shall not be
required to be certified under this article if they perform those
services under the direct supervision of a certified pet groomer and
while in training for the pet groomer's examination.
   4919.5.  (a) Every application for admission to examination and
certification shall be in writing, on forms prepared and furnished by
the council.
   (b) Each application shall be accompanied by the required fee, and
shall contain proof of the qualifications of the applicant for
examination and certification. It shall be verified by the oath of
the applicant. Every applicant shall, as a condition of admittance to
the examination facility, present satisfactory proof of
identification. Satisfactory proof of identification shall be in the
form of a valid, unexpired driver's license or identification card,
containing the photograph of the person to whom it was issued, issued
by any state, federal, or other government entity.
   4919.7.  (a) The examination of applicants for certification shall
include both a practical demonstration and a written test and shall
embrace the subjects typically taught in a program approved by the
council.
   (b) The examination shall not be confined to any particular system
or method. It shall be consistent in both practical and technical
requirements, and of sufficient thoroughness to satisfy the board as
to the applicant's skill in, and knowledge of, the practice of the
occupation for which a certificate is sought.
   (c) The scope of examinations shall be consistent with the
definition of the activities licensed under this article, and shall
be as the council, by regulation, may require to protect the health
and safety of consumers of the services provided by certificate
holders.
   (d) The council's examinations shall be limited to job-related
questions, activities, and practical services. The examinations may
include other demonstrations and tests as the council, in its
discretion, may require.
   4920.  All examinations shall be prepared by or under the
direction of the council. The council shall establish standards and
procedures governing administration and grading and shall exercise
supervision as may be necessary to ensure compliance therewith.
   4920.5.  Any person who fails the pet groomer's certification
examination may be eligible to retake the examination upon compliance
with the provisions of this article.
   4920.7.  The council may contract or otherwise arrange for
reasonably required physical accommodations and facilities to conduct
examinations.
   4921.  The form and content of a certificate issued by the council
shall be determined by the council.
   4921.3.  The council shall create a record of those certified
pursuant to this article. The record shall include a certificate
holder's first and last name, license number, and a record of any
disciplinary action taken against the licensee, including the
suspension or revocation of the certificate holder's pet grooming
certification.
   4921.7.  Certificates issued under this article, unless
specifically excepted, shall be issued for a two-year period and
shall expire at midnight on the last day of the month of issuance by
the council.
                                           4922.  Except as otherwise
provided in this article, a certificate that has expired for failure
of the certificate holder to renew within the time fixed by this
article may be renewed at any time within five years following its
expiration upon application and payment of all accrued and unpaid
renewal fees, delinquency fees, and fines. Renewal under this section
shall be effective on the date on which the application is filed, or
on the date on which the accrued renewal fees, delinquency fee, or
fines are paid, if any, whichever occurs last. If so renewed, the
certificate shall continue in effect through the expiration date
provided in this article which next occurs following the effective
date of the renewal, when it shall expire if it is not again renewed.

   4922.3.  Except as otherwise provided in this article, a
certificate which has not been renewed within five years following
its expiration shall be deemed canceled and may not be renewed,
restored, reinstated, or reissued thereafter. The holder of the
canceled certificate may obtain a new certificate only by submitting
an application, paying all required fees, and qualifying for and
passing the examination that would be required if the holder were
applying for the certificate for the first time.
   4922.5.  A suspended certificate is subject to expiration and
shall be renewed by the certificate holder as provided in this
article, but that renewal does not entitle the certificate holder,
while the certificate remains suspended and before it is reinstated,
to engage in the pet grooming activity, or in any other activity or
conduct in violation of the order or judgment by which the
certificate was suspended.
   4922.7.  A revoked certificate is subject to expiration as
provided in this article, but may not be renewed. If it is reinstated
pursuant to an administrative or court proceeding after its
expiration, the certificate holder, as a condition precedent to its
reinstatement, shall pay a reinstatement fee in an amount established
by the council pursuant to Section 4923.
   4923.  (a) The council shall establish a schedule of fees payable
under this article, including, but not limited to, all of the
following:
   (1) Application and examination fees.
   (2) Initial certification fees.
   (3) Renewal fees.
   (4) Reinstatement fees.
   (5) Delinquency fees.
   (6) Duplicate certificate fees.
   (7) Processing fee, not to exceed twenty dollars ($20) to cover
the costs of processing the application and certificate.
   (b) No fee established pursuant to subdivision (a) shall be in
excess of the costs to the council of administering that fee.