BILL NUMBER: AB 827	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman

                        FEBRUARY 21, 2013

   An act to amend Section 109 of the Business and Professions Code,
relating to consumer affairs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 827, as introduced, Hagman. Department of Consumer Affairs.
   Existing law establishes the Department of Consumer Affairs,
within the state government, comprised of boards and bureaus,
including, but not limited to, the Dental Board of California and the
Medical Board of California. Except as otherwise provided, the
decisions of any of the boards comprising the department, with
respect to setting standards, conducting examinations, passing
candidates, and revoking licenses, are not subject to review by the
Director of Consumer Affairs, but are final within the limits
provided by the code provisions which are applicable to the
particular board.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 109 of the Business and Professions Code is
amended to read:
   109.  (a) The decisions of any of the boards comprising the
department  ,  with respect to setting standards, conducting
examinations, passing candidates, and revoking licenses, are not
subject to review by the director, but are final within the limits
provided by this code  which   that  are
applicable to the particular board, except as provided in this
section.
   (b) The director may initiate an investigation of any allegations
of misconduct in the preparation, administration, or scoring of an
examination  which   that  is administered
by a board, or in the review of qualifications  which
  that  are a part of the licensing process of any
board. A request for investigation shall be made by the director to
the Division of Investigation through the chief of the division or to
any law enforcement agency in the jurisdiction where the alleged
misconduct occurred.
   (c) The director may intervene in any matter of  any
  a  board where an investigation by the Division
of Investigation discloses probable cause to believe that the conduct
or activity of a board, or its members or employees constitutes a
violation of criminal law.
   The term "intervene," as used in paragraph (c) of this section may
include, but is not limited to, an application for a restraining
order or injunctive relief as specified in Section 123.5, or a
referral or request for criminal prosecution. For purposes of this
section, the director shall be deemed to have standing under Section
123.5 and shall seek representation of the Attorney General, or other
appropriate counsel in the event of a conflict in pursuing that
action.