as amended, Lara. Professions and vocations: license
begin delete suspension or restriction.end delete
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs, among other
begin delete entitiesend delete. Existing law begin delete authorizes a board or an administrative law judge to, upon petition, issue an interim order suspending a licensee or imposing license restrictions if the petition demonstrates that the licensee has engaged in specified violations of law or has been convicted of a crime related to the licensed activity and permitting the licensee to continue to practice would endanger the publicend delete.
This bill would
begin delete make technical, nonsubstantive changes to that provisionend delete.
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Notwithstanding any other law, any board, as defined
4in Section 22, and the State Bar and the Bureau of Real Estate shall
5at the time of issuance of
begin delete theend delete license require
begin delete licenseeend delete provide its federal employer
7identification number, if the
begin delete licenseeend delete is a partnership, or
begin delete his or herend delete social security number for all begin delete othersend delete
begin delete licenseeend delete failing to provide the federal
begin delete numberend delete or social security number shall be reported by the licensing board
15to the Franchise Tax
begin delete Board and, if failingend delete to provide after notification pursuant to
17paragraph (1) of subdivision (b) of Section 19528 of the Revenue
18and Taxation Code, shall be subject to the penalty
19provided in paragraph (2) of subdivision (b) of Section 19528 of
20the Revenue and Taxation Code.
21(c) In addition to the penalty specified in subdivision (b), a
begin delete mayend delete not process begin delete anyend delete application for an
begin delete originalend delete license unless the applicant begin delete or licenseeend delete
24federal employer identification number or social security number where requested on the application.
27(d) A licensing board shall, upon request of the Franchise Tax
28Board, furnish to the Franchise Tax Board the following
29information with respect to every licensee:
P3 1(1) Name.
2(2) Address or addresses of record.
3(3) Federal employer identification number if the
begin delete entityend delete
4 is a partnership or social security number for all
begin delete othersend delete.
7(4) Type of license.
8(5) Effective date of license or a renewal.
9(6) Expiration date of license.
10(7) Whether license is active or inactive, if known.
11(8) Whether license is new or a renewal.
12(e) For the purposes of this section:
13(1) “Licensee” means
begin delete anyend delete entity, other than a
14corporation, authorized by a license, certificate, registration, or
15other means to engage in a business or profession regulated by
16this code or referred to in Section 1000 or 3600.
17(2) “License” includes a certificate, registration, or any other
18authorization needed to engage in a business or profession
19regulated by this code or referred to in Section 1000 or 3600.
20(3) “Licensing board” means any board, as defined in Section
2122, the State Bar, and the Bureau of Real Estate.
22(f) The reports required under this section shall be filed on
23magnetic media or in other machine-readable form, according to
24standards furnished by the Franchise Tax Board.
25(g) Licensing boards shall provide to the Franchise Tax Board
26the information required by this section at a time that the Franchise
27Tax Board may require.
28(h) Notwithstanding Chapter 3.5 (commencing with Section
296250) of Division 7 of Title 1 of the Government Code
begin delete, the social federal employer identification number
30security number andend delete
32 furnished pursuant to this section shall not be deemed to be a public
33record and shall not be open to the public for inspection.
34(i) Any deputy, agent, clerk, officer, or employee of any
35licensing board described in subdivision (a), or any former officer
36or employee or other individual who in the course of his or her
37employment or duty has or has had access to the information
38required to be furnished under this section, may not disclose or
39make known in any manner that information, except as provided
P4 1in this section to the Franchise Tax Board or as provided in
3(j) It is the intent of the Legislature in enacting this section to
begin delete social security account number orend delete
5identification number for the purpose of establishing the
7identification of persons affected by state tax laws and for purposes
8of compliance with Section 17520 of the Family Code and, to that
9end, the information furnished pursuant to this section shall be
10used exclusively for those purposes.
11(k) If the board utilizes a national examination to issue a license,
12and if a reciprocity agreement or comity exists between the State
13of California and the state requesting release of the social security number, any deputy, agent,
15clerk, officer, or employee of any licensing board described in
16 subdivision (a) may release a social security number to an examination or licensing
18entity, only for the purpose of verification of licensure or
20(l) For the purposes of enforcement of Section 17520 of the
21Family Code, and notwithstanding any other
begin delete provision ofend delete law, any
22board, as defined in Section 22, and the State Bar and the Bureau
23of Real Estate shall at the time of issuance of the license require
24that each licensee provide the social security number of each individual listed on the license and any person
27who qualifies the license. For the purposes of this subdivision,
28“licensee” means any entity that is issued a license by any board,
29as defined in Section 22, the State Bar, the Bureau of Real Estate,
30and the Department of Motor Vehicles.
(a) Notwithstanding any other
begin delete provision ofend delete law, the
34Franchise Tax Board may require any board, as defined in Section
3522 of the Business and Professions Code, and the State Bar, the
36Bureau of Real Estate, and the Insurance Commissioner (hereinafter
37referred to as licensing board) to provide to the Franchise Tax
38Board the following information with respect to every licensee:
40(2) Address or addresses of record.
P5 1(3) Federal employer identification number
begin delete (if the entity is a .
2partnership) or social security number (for all others)end delete
6(4) Type of license.
7(5) Effective date of license or renewal.
8(6) Expiration date of license.
9(7) Whether license is active or inactive, if known.
10(8) Whether license is new or renewal.
11(b) The Franchise Tax Board may do the following:
12(1) Send a notice to any licensee failing to provide the identification number or social security number as required by subdivision (a)
15of Section 30 of the Business and Professions Code and subdivision
16(a) of Section 1666.5 of the Insurance Code, describing the
17information that was missing, the penalty associated with not
18providing it, and that failure to provide the information within 30
19days will result in the assessment of the penalty.
20(2) After 30 days following the issuance of the notice described
21in paragraph (1), assess a one hundred dollar ($100) penalty, due
22and payable upon notice and demand, for any licensee failing to
23provide either its federal employer identification number (if the
24licensee is a partnership) or his or her social security number (for
25all others) as required in Section 30 of the Business and Professions
26Code and Section 1666.5 of the Insurance Code.
27(c) Notwithstanding Chapter 3.5 (commencing with Section
286250) of Division 7 of Title 1 of the Government Code, the
29information furnished to the Franchise Tax Board pursuant to
30Section 30 of the Business and Professions Code or Section 1666.5
31of the Insurance Code shall not be deemed to be a public record
32and shall not be open to the public for inspection.
Section 494 of the Business and Professions Code
34 is amended to read:
(a) A board or an administrative law judge sitting alone,
36as provided in subdivision (h), may, upon petition, issue an interim
37order suspending a licensee or imposing license restrictions,
38including, but not limited to, mandatory biological fluid testing,
39supervision, or remedial training. The petition shall include
P6 1affidavits that demonstrate, to the satisfaction of the board, both
2of the following:
has engaged in acts or omissions constituting
4a violation of this code or has been convicted of a crime
5substantially related to the licensed activity.
6(2) Permitting the licensee to continue to engage in the licensed
7activity, or permitting the licensee to continue in the licensed
8activity without restrictions, would endanger the public health,
9safety, or welfare.
interim order provided for in this section shall not be
11issued without notice to the licensee unless it appears from the
12petition and supporting documents that serious injury would result
13to the public before the matter could be heard on notice.
14(c) Except as provided in subdivision (b), the licensee shall be
15given at least 15 days’ notice of the hearing on the petition for an
16interim order. The notice shall include documents submitted to the
17board in support of the petition. If the order was initially issued
18without notice as provided in subdivision (b), the licensee shall be
19entitled to a hearing on the petition within 20 days of the issuance
20of the interim order without notice. The licensee shall be given
21notice of the hearing within two days after issuance of the initial
22interim order, and shall receive all documents in support of the
23petition. The failure of the board to provide a hearing within 20
24days following the issuance of the interim order without notice,
25unless the licensee waives his or her right to the hearing, shall
26result in the dissolution of the interim order by operation of law.
27(d) At the hearing on the petition for an interim order, the
28licensee may do all of the following:
29(1) Be represented by counsel.
30(2) Have a record made of the proceedings, copies of which
31shall be available to the licensee upon payment of costs computed
32in accordance with the provisions for transcript costs for judicial
33review contained in Section 11523 of the Government Code.
34(3) Present affidavits and other documentary evidence.
35(4) Present oral argument.
36(e) The board, or an administrative law judge sitting alone as
37provided in subdivision (h), shall issue a decision on the petition
38for interim order within five business days following submission
39of the matter. The standard of proof required to obtain an interim
40order pursuant to this section shall be a preponderance of the
P7 1evidence standard. If the interim order was previously issued
2without notice, the board shall determine whether the order shall
3remain in effect, be dissolved, or modified.
4(f) The board shall file an accusation within 15 days of the
5issuance of an interim order. In the case of an interim order issued
6without notice, the time shall run from the date of the order issued
7after the noticed hearing. If the licensee files a Notice of Defense,
8the hearing shall be held within 30 days of the agency’s receipt of
9the Notice of Defense. A decision shall be rendered on the
10accusation no later than 30 days after submission of the matter.
11Failure to comply with any of the requirements in this subdivision
12shall dissolve the interim order by operation of law.
13(g) Interim orders shall be subject to judicial review pursuant
14to Section 1094.5 of the Code of Civil Procedure and shall be heard
15only in the superior court in and for the Counties of Sacramento,
16San Francisco, Los Angeles, or San Diego. The review of an
17interim order shall be limited to a determination of whether the
18board abused its discretion in the issuance of the interim order.
19Abuse of discretion is established if the respondent board has not
20proceeded in the manner required by law, or if the court determines
21that the interim order is not supported by substantial evidence in
22light of the whole record.
23(h) The board may, in its sole discretion, delegate the hearing
24on a petition for an interim order to an administrative law judge
25in the Office of Administrative Hearings. If the board hears the
26noticed petition itself, an administrative law judge shall preside at
27the hearing, rule on the admission and exclusion of evidence, and
28advise the board on matters of law. The board shall exercise all
29other powers relating to the conduct of the hearing but may
30delegate any or all of them to the administrative law judge. When
31the petition has been delegated to an administrative law judge, he
32or she shall sit alone and exercise all of the powers of the board
33relating to the conduct of the hearing. A decision issued by an
34administrative law judge sitting alone shall be final when it is filed
35with the board. If the administrative law judge issues an interim
36order without notice, he or she shall preside at the noticed hearing,
37unless unavailable, in which case another administrative law judge
38may hear the matter. The decision of the administrative law judge
39sitting alone on the petition for an interim order is final, subject
40only to judicial review in accordance with subdivision (g).
P8 1(i) Failure to comply
with an interim order issued pursuant to
2subdivision (a) or (b) shall constitute a separate cause for
3disciplinary action against a licensee, and may be heard at, and as
4a part of, the noticed hearing provided for in subdivision (f).
5Allegations of noncompliance with the interim order may be filed
6at any time prior to the rendering of a decision on the accusation.
7Violation of the interim order is established upon proof that the
8licensee was on notice of the interim order and its terms, and that
9the order was in effect at the time of the violation. The finding of
10a violation of an interim order made at the hearing on the
11accusation shall be reviewed as a part of any review of a final
12decision of the agency.
13If the interim order issued by the agency provides for anything
14less than a complete suspension of the licensee from his or her
15business or profession, and the licensee violates the interim order
16prior to the hearing on the accusation provided for in subdivision
17(f), the agency may, upon notice to the licensee and proof of
18violation, modify or expand the interim order.
19(j) A plea or verdict of guilty or a conviction after a plea of nolo
20contendere is deemed to be a conviction within the meaning of
21this section. A certified record of the conviction shall be conclusive
22evidence of the fact that the conviction occurred. A board may
23take action under this section notwithstanding the fact that an
24appeal of the conviction may be taken.
25(k) The interim orders provided for by this section shall be in
26addition to, and not a limitation on, the authority to seek injunctive
27relief provided in any other provision of law.
28(l) In the case of a board, a petition for an interim order may be
29filed by the executive officer. In the case of a bureau or program,
30a petition may be filed by the chief or program administrator, as
31the case may be.
32(m) “Board,” as used in this section, shall include any agency
33described in Section 22, and any allied health agency within the
34jurisdiction of the Medical Board of California. Board shall also
35include the Osteopathic Medical Board of California and the State
36Board of Chiropractic Examiners. The provisions of this section
37shall not apply to the Medical Board of California, the Board of
38Podiatric Medicine, or the State Athletic Commission.