BILL NUMBER: SB 1467 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Business, Professions and Economic
Development (Senators Lieu (Chair), Berryhill, Block, Corbett,
Galgiani, Hernandez, Hill, Padilla, Wyland, and Yee)
MARCH 25, 2014
An act to amend Sections 5070, 5070.5, 5093, 5096, 5096.4, 6759,
7011.4, 7842, 7860, and 8538 of the Business and Professions Code,
relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1467, as introduced, Committee on Business, Professions and
Economic Development. Professions and vocations.
(1) Under existing law, the California Board of Accountancy
licenses and regulates accountants. Existing law prohibits a person
from engaging in the practice of public accountancy in this state
unless he or she holds either a valid permit issued by the board or a
practice privilege, as specified. Existing law requires an applicant
for registration to furnish satisfactory evidence that the applicant
is entitled to registration.
This bill would authorize the board to collect, but not require, a
valid electronic mail address at the time of application for, or
renewal of, a certified public accountant license. The bill would
provide that these electronic mail addresses shall not be considered
public records and would prohibit these electronic mail addresses
from being disclosed pursuant to specified provisions of law, unless
required pursuant to a court order.
Existing law sets forth education, examination, and experience
requirements for a certified public accountant license, and requires
an applicant to show, to the satisfaction of the board, that he or
she has one year of qualifying experience, including any type of
service or advice involving the use of accounting, attest,
compilation, management advisory, financial advisory, tax, or
consulting skills. Existing law requires the experience to have been
performed in accordance with applicable professional standards in
order to qualify, and to be completed under the supervision or in the
employ of a person licensed to engage in the practice of public
accountancy, as specified.
This bill would authorize the board, by regulation, to allow
experience in academia to satisfy the one-year requirement described
above.
Existing law, until January 1, 2019, authorizes an individual
whose principal place of business is not in this state and who has a
valid and current license, certificate, or permit to practice public
accountancy from another state to engage in the practice of public
accountancy in this state under a practice privilege without
obtaining a certificate or license, if certain conditions are met.
Existing law subjects an individual who holds a practice privilege to
certain requirements, including, among others, that the individual
shall notify the board of any pending criminal charges, other than a
minor traffic violation, in any jurisdiction.
This bill would instead subject an individual holding and
exercising a practice privilege in this state to the requirements
described above. The bill would also require the individual to report
the criminal charges described above to the board in writing within
30 days of the date the individual has knowledge of those charges.
Existing law, until January 1, 2019, authorizes the board to
administratively suspend an individual's right to practice in this
state under a practice privilege at any time by an order issued by
the board or its executive officer, without prior notice or hearing,
for the purpose of conducting a disciplinary investigation,
proceeding, or inquiry concerning the representations made in the
notice, the individual's competence or qualifications to practice
under practice privileges, failure to timely respond to a board
inquiry or request for information or documents, or under other
conditions and circumstances provided for by board regulation.
Existing law, beginning January 1, 2019, additionally requires the
board to consult the Public Company Accounting Oversight Board
(PCAOB) and the United States Securities and Exchange Commission on
an every six-month basis to identify out-of-state licensees who may
have disqualifying conditions, or may be obliged to cease practice,
and to disclose whether those out-of-state licensees are lawfully
permitted to exercise the privilege. Existing law provides that
disclosure of this information is not to be considered discipline.
This bill would instead require the board to consult with the
PCAOB and the United States Securities and Exchange Commission as
specified above until January 1, 2019, and would delete those
provisions after that date.
This bill would make technical, nonsubstantive changes, and would
delete an obsolete provision.
(2) The Professional Engineers Act provides for the regulation and
licensure of professional engineers by the Board of Professional
Engineers, Land Surveyors, and Geologists. Existing law requires an
applicant for registration as a professional engineer, among other
things, to furnish evidence of 6 years or more of qualifying
experience in engineering work, as specified, and to successfully
pass the second division of the licensure examination. Existing law
authorizes the board to issue a certificate of registration as a
professional engineer, without a written examination, to a person
holding a certificate of registration issued by another state or
country if the applicant's qualifications meet the requirements of
the act. For purposes of these provisions, the act requires
equivalent second division examinations to be 8-hour written
examinations prepared or administered by a state or territory, as
specified.
This bill would delete the requirement that an equivalent second
division examination be an 8-hour examination.
(3) Under the Contractors' State License Law, the Contractors'
State License Board licenses and regulates contractors. Under
existing law, there is within the board a separate enforcement
division that is required to rigorously enforce the act. Existing law
specifies that persons employed as enforcement representatives in
this division, and designated by the Director of Consumer Affairs,
are not peace officers and are not entitled to safety member
retirement benefits.
This bill would make technical, nonsubstantive changes to these
provision.
(4) Under the Geologist and Geophysicist Act, the Board for
Professional Engineers, Land Surveyors, and Geologists registers and
regulates professional geologists and professional geophysicists and
certifies applicants in specialties in geology. The act requires an
applicant seeking certification as a petroleum geologist to meet
certain requirements including, among other things, having performed
a minimum of 3 years of professional geological work under the
supervision of a registered petroleum engineer.
This bill would delete the provisions relating to petroleum
geologists described above. The bill would also make technical,
nonsubstantive changes to one of these provisions.
(5) Existing law provides for the regulation of registered
structural pest control companies by the Structural Pest Control
Board. Existing law requires a registered structural pest control
company to provide a specified written notice to the owner, or owner'
s agent, and the tenant of the premises where pest control work is to
be done. Existing law authorizes the notice to be given by
first-class mail, posting in a conspicuous place on the real
property, or personal mail.
This bill would also authorize the notice to be given by
electronic mail.
(6) Existing constitutional provisions require that a statute that
limits the right of access to meetings of public bodies or the
writings of public officials and agencies be adopted with findings
and declarations demonstrating the interest protected by that
limitation and the need for protecting that interest.
This bill would make a legislative finding and declaration
relating to the necessity of treating as confidential electronic
addresses provided to the California Board of Accountancy in order to
protect the privacy of those individuals applying for a certified
public accountant license.
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. The Legislature finds and declares that in order to
protect the privacy of those individuals applying for a certified
public accountant license, it is necessary that electronic addresses
provided to the California Board of Accountancy pursuant to Sections
2 and 3 of this act be confidential.
SEC. 2. Section 5070 of the Business and Professions Code is
amended to read:
5070. (a) Permits to engage in the practice
of public accountancy in this state shall be issued by the board
only to holders of the certificate of certified public accountant
issued under this chapter and to those partnerships, corporations,
and other persons who, upon application approved by the board, are
registered with the board under this chapter. Notwithstanding any
other provision of law, the board may register an
entity organized and authorized to practice public accountancy under
the laws of another state for the purpose of allowing that entity to
satisfy the registration requirement set forth in Section 5096.12,
provided that if (1) the certified
public accountants providing services in California qualify for the
practice privilege, and (2) the entity satisfies all other
requirements to register in this state, other than its form of legal
organization.
All
(b) All applicants for
registration shall furnish satisfactory evidence that the applicant
is entitled to registration and shall pay the fee as provided in
Article 8 (commencing with Section 5130). Every partnership,
corporation, and other person to whom a permit is issued
after December 31, 1962, shall, in addition to any other
fee which may be payable, pay the initial permit fee provided in
Article 8 (commencing with Section 5130).
(c) The board may collect, but shall not require, a valid
electronic address at the time of application for a certified public
accountant license. In the interest of protecting an applicant's
privacy, the electronic address shall not be considered a public
record and shall not be disclosed pursuant to Section 27 or pursuant
to a request under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), unless required pursuant to a court order by a
court of competent jurisdiction.
Each
(d) Each partnership,
corporation, and other person issued a permit by the board to
practice as a certified public accountant or as a public accountant
shall be furnished with a suitable certificate evidencing that
registration.
SEC. 3. Section 5070.5 of the Business and Professions Code is
amended to read:
5070.5. (a) (1) A permit issued under this
chapter to a certified public accountant or a public accountant
expires at 12 midnight on the last day of the month of the legal
birthday of the licensee during the second year of a two-year term if
not renewed.
To
(2) To renew an unexpired permit,
a permitholder shall, before the time at which the permit would
otherwise expire, apply for renewal on a form prescribed by the
board, pay the renewal fee prescribed by this chapter
chapter, and give evidence satisfactory to the
board that he or she has complied with the continuing education
provisions of this chapter.
(3) The board may collect, but shall not require, a valid
electronic mail address on the renewal form described in paragraph
(1). In the interest of protecting an applicant's privacy, the
electronic mail address shall not be considered a public record and
shall not be disclosed pursuant to Section 27 or pursuant to a
request under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), unless required pursuant to a court order by a
court of competent jurisdiction.
(b) A permit to practice as an accountancy partnership or an
accountancy corporation expires at 12 midnight on the last day of the
month in which the permit was initially issued during the second
year of a two-year term if not renewed. To renew an unexpired permit,
the permitholder shall, before the time at which the permit would
otherwise expire, apply for renewal on a form prescribed by the
board, pay the renewal fee prescribed by this chapter, and provide
evidence satisfactory to the board that the accountancy partnership
or accountancy corporation is in compliance with this chapter.
SEC. 4. Section 5093 of the Business and Professions Code is
amended to read:
5093. (a) To qualify for the certified public accountant license,
an applicant who is applying under this section shall meet the
education, examination, and experience requirements specified in
subdivisions (b), (c), and (d), or otherwise prescribed pursuant to
this article. The board may adopt regulations as necessary to
implement this section.
(b) (1) An applicant for admission to the certified public
accountant examination under the provisions of
this section shall present satisfactory evidence that the applicant
has completed a baccalaureate or higher degree conferred by a
degree-granting university, college, or other institution of learning
accredited by a regional or national accrediting agency included in
a list of these agencies published by the United States Secretary of
Education under the requirements of the Higher Education Act of 1965
as amended (20 U.S.C. Sec. 1001 et seq.), or meeting, at a minimum,
the standards described in subdivision (c) of Section 5094. The total
educational program shall include a minimum of 24 semester units in
accounting subjects and 24 semester units in business-related
subjects. This evidence shall be provided at the time of application
for admission to the examination, except that an applicant who
applied, qualified, and sat for at least two subjects of the
examination for the certified public accountant license before May
15, 2002, may provide this evidence at the time of application for
licensure.
(A) An applicant enrolled in a program at an institution as
described in this paragraph that grants conferral of a baccalaureate
degree upon completion of the 150 semester units required by
paragraph (2) of this subdivision may satisfy the requirements of
this paragraph if the applicant's institution mails the applicant's
official transcript or its equivalent together or separately with a
letter signed by the institution's registrar, or its equivalent,
directly to the board pursuant to subdivision (c) of Section 5094.
The letter shall include all of the following:
(i) A statement that the applicant is enrolled and in good
standing in a program that will result in the conferral of a
baccalaureate degree upon completion of either a master's degree or
the 150 semester units required by paragraph (2) of this subdivision.
(ii) A statement that the applicant has completed all
requirements, including general education and elective requirements,
for a baccalaureate degree and the only reason the college or
university has yet to confer the degree is because the applicant is
enrolled in a program that confers a baccalaureate degree upon
completion of either a master's degree or the 150 semester units
required by paragraph (2) of this subdivision.
(iii) The date on which the applicant met all of the college's or
university's requirements for conferral of a baccalaureate degree.
(B) The total educational program for an applicant described in
subparagraph (A) shall include a minimum of 24 semester units in
accounting subjects and 24 semester units in business-related
subjects. This evidence shall be provided at the time of application
for admission to the examination, except that an applicant who
applied, qualified, and sat for at least two subjects of the
examination for the certified public accountant license before May
15, 2002, may provide this evidence at the time of application for
licensure.
(2) An applicant for issuance of the certified public accountant
license under the provisions of this section shall
present satisfactory evidence that the applicant has completed at
least 150 semester units of college education
education, including a baccalaureate or higher degree
conferred by a college or university, meeting, at a minimum, the
standards described in Section 5094, the total educational program to
include a minimum of 24 semester units in accounting subjects, 24
semester units in business-related subjects, and, after December 31,
2013, shall also include a minimum of 10 units of ethics study
consistent with the requirements set forth in Section 5094.3 and 20
units of accounting study consistent with the regulations promulgated
under subdivision (c) of Section 5094.6. This evidence shall be
presented at the time of application for the certified public
accountant license. Nothing in this paragraph shall be deemed
inconsistent with Section 5094 or 5094.6. Nothing in this paragraph
shall be construed to be inconsistent with prevailing academic
practice regarding the completion of units.
(c) An applicant for the certified public accountant license shall
pass an examination prescribed by the board.
(d) (1) The applicant shall show, to the
satisfaction of the board, that the applicant has had one year of
qualifying experience. This experience may include providing any type
of service or advice involving the use of accounting, attest,
compilation, management advisory, financial advisory, tax, or
consulting skills. To
(2) To be qualifying under this
section, experience shall have been performed in accordance with
applicable professional standards. Experience in public accounting
shall be completed under the supervision or in the employ of a person
licensed or otherwise having comparable authority under the laws of
any state or country to engage in the practice of public accountancy.
Experience in private or governmental accounting or auditing shall
be completed under the supervision of an individual licensed by a
state to engage in the practice of public accountancy.
(3) Notwithstanding paragraph (2), the board may, by regulation,
allow experience in academia to be qualifying under this section.
(e) Applicants completing education at a college or university
located outside of this state, meeting, at a minimum, the standards
described in Section 5094, shall be deemed to meet the educational
requirements of this section if the board determines that the
education is substantially equivalent to the standards of education
specified under this chapter.
(f) An applicant who has successfully passed the examination
requirement specified under Section 5082 on or before December 31,
2013, may qualify for the certified public accountant license without
satisfying the 10 semester units of study set forth in Section
5094.3 or 20 semester units of accounting study consistent with the
regulations promulgated under Section 5094.6, if the applicant
completes all other requirements for the issuance of a license on or
before December 31, 2015.
SEC. 5. Section 5096 of the Business and Professions Code, as
amended by Section 3 of Chapter 319 of the Statutes of 2013, is
amended to read:
5096. (a) An individual whose principal place of business is not
in this state and who has a valid and current license, certificate,
or permit to practice public accountancy from another state may,
subject to the conditions and limitations in this article, engage in
the practice of public accountancy in this state under a practice
privilege without obtaining a certificate or license under this
chapter if the individual satisfies one of the following:
(1) The individual has continually practiced public accountancy as
a certified public accountant under a valid license issued by any
state for at least 4 of the last 10 years.
(2) The individual has a license, certificate, or permit from a
state that has been determined by the board to have education,
examination, and experience qualifications for licensure
substantially equivalent to this state's qualifications under Section
5093.
(3) The individual possesses education, examination, and
experience qualifications for licensure that have been determined by
the board to be substantially equivalent to this state's
qualifications under Section 5093.
(b) The board may designate states as substantially equivalent
under paragraph (2) of subdivision (a) and may accept individual
qualification evaluations or appraisals conducted by designated
entities, as satisfying the requirements of paragraph (3) of
subdivision (a).
(c) An individual who qualifies for the practice privilege under
this section may engage in the practice of public accountancy in this
state, and no notice, fee, or other requirement shall be imposed on
that individual by the board.
(d) An individual who qualifies for the practice privilege under
this section may perform the following services only through a firm
of certified public accountants that has obtained a registration from
the board pursuant to Section 5096.12:
(1) An audit or review of a financial statement for an entity
headquartered in California.
(2) A compilation of a financial statement when that person
expects, or reasonably might expect, that a third party will use the
financial statement and the compilation report does not disclose a
lack of independence for an entity headquartered in California.
(3) An examination of prospective financial information for an
entity headquartered in California.
(e) An individual who holds a practice privilege under this
article , and is exercising the practice privilege in California
:
(1) Is subject to the personal and subject matter jurisdiction and
disciplinary authority of the board and the courts of this state.
(2) Shall comply with the provisions of this chapter, board
regulations, and other laws, regulations, and professional standards
applicable to the practice of public accountancy by the licensees of
this state and to any other laws and regulations applicable to
individuals practicing under practice privileges in this
state state, except the individual is deemed,
solely for the purpose of this article, to have met the continuing
education requirements and ethics examination requirements of this
state when the individual has met the examination and continuing
education requirements of the state in which the individual holds the
valid license, certificate, or permit on which the substantial
equivalency is based.
(3) Shall not provide public accountancy services in this state
from any office located in this state, except as an employee of a
firm registered in this state. This paragraph does not apply to
public accountancy services provided to a client at the client's
place of business or residence.
(4) Is deemed to have appointed the regulatory agency of the state
that issued the individual's certificate, license, or permit upon
which substantial equivalency is based as the individual's agent on
whom notices, subpoenas, or other process may be served in any action
or proceeding by the board against the individual.
(5) Shall cooperate with any board investigation or inquiry and
shall timely respond to a board investigation, inquiry, request,
notice, demand, or subpoena for information or documents and timely
provide to the board the identified information and documents.
(6) Shall cease exercising the practice privilege in this state if
the regulatory agency in the state in which the individual's
certificate, license, or permit was issued takes disciplinary action
resulting in the suspension or revocation, including stayed
suspension, stayed revocation, or probation of the individual's
certificate, license, or permit, or takes other disciplinary action
against the individual's certificate, license, or permit that arises
from any of the following:
(A) Gross negligence, recklessness, or intentional wrongdoing
relating to the practice of public accountancy.
(B) Fraud or misappropriation of funds.
(C) Preparation, publication, or dissemination of false,
fraudulent, or materially incomplete or misleading financial
statements, reports, or information.
(7) Shall cease exercising the practice privilege in this state if
convicted in any jurisdiction of any crime involving dishonesty,
including, but not limited to, embezzlement, theft, misappropriation
of funds or property, or obtaining money, property, or other valuable
consideration by fraudulent means or false pretenses.
(8) Shall cease exercising the practice privilege if the United
States Securities and Exchange Commission or the Public Company
Accounting Oversight Board bars the individual from practicing before
them.
(9) Shall cease exercising the practice privilege if any
governmental body or agency suspends the right of the individual to
practice before the body or agency.
(10) Shall notify report to the
board of in writing any pending
criminal charges, other than for a minor traffic violation, in any
jurisdiction within 30 days of the date the individual has
knowledge of those charges .
(f) An individual who is required to cease practice pursuant to
paragraphs (6) to (9), inclusive, of subdivision (e) shall notify the
board within 15 calendar days, on a form prescribed by the board,
and shall not practice public accountancy in this state pursuant to
this section until he or she has received from the board written
permission to do so.
(g) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
subdivision (f) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the
practice privilege were a license and the individual were a licensee.
An individual in violation of subdivision (e) or (f) shall, for a
minimum of one year from the date the board learns there has been a
violation of subdivision (e) or (f), not practice in this state and
shall not have the possibility of reinstatement during that period.
If the board determines that the failure to cease practice or provide
the notice was intentional, that individual's practice privilege
shall be revoked and there shall be no possibility of reinstatement
for a minimum of two years.
(h) The board shall require an individual who provides notice to
the board pursuant to subdivision (f) to cease the practice of public
accountancy in this state until the board provides the individual
with written permission to resume the practice of public accountancy
in this state.
(i) (1) An individual to whom, within the last seven years
immediately preceding the date on which he or she wishes to practice
in this state, any of the following criteria apply, shall notify the
board, on a form prescribed by the board, and shall not practice
public accountancy in this state pursuant to this section until the
board provides the individual with written permission to do so:
(A) He or she has been the subject of any final disciplinary
action by the licensing or disciplinary authority of any other
jurisdiction with respect to any professional license or has any
charges of professional misconduct pending against him or her in any
other jurisdiction.
(B) He or she has had his or her license in another jurisdiction
reinstated after a suspension or revocation of the license.
(C) He or she has been denied issuance or renewal of a
professional license or certificate in any other jurisdiction for any
reason other than an inadvertent administrative error.
(D) He or she has been convicted of a crime or is subject to
pending criminal charges in any jurisdiction other than a minor
traffic violation.
(E) He or she has otherwise acquired a disqualifying condition as
described in subdivision (a) of Section 5096.2.
(2) An individual who fails to cease practice as required by
subdivision (e) or who fails to provide the notice required by
paragraph (1) shall be subject to the personal and subject matter
jurisdiction and disciplinary authority of the board as if the
practice privilege were a license and the individual were a licensee.
An individual in violation of subdivision (e) or paragraph (1)
shall, for a minimum of one year from the date the board knows there
has been a violation of subdivision (e) or paragraph (1), not
practice in this state and shall not have the possibility of
reinstatement during that period. If the board determines that the
failure to cease practice or provide the notice was intentional, that
individual shall be prohibited from practicing in this state in the
same manner as if a licensee has his or her practice privilege
revoked and there shall be no possibility of reinstatement for a
minimum of two years.
(j) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 6. Section 5096.4 of the Business and Professions Code, as
added by Section 20 of Chapter 411 of the Statutes of 2012, is
amended to read:
5096.4. (a) The right of an individual to practice in this state
under a practice privilege may be administratively suspended at any
time by an order issued by the board or its executive officer,
without prior notice or hearing, for the purpose of conducting a
disciplinary investigation, proceeding, or inquiry concerning the
individual's competence or qualifications to practice under practice
privileges, failure to timely respond to a board inquiry or request
for information or documents, or under other conditions and
circumstances provided for by board regulation. The board shall
consult the Public Company Accounting Oversight Board and the United
States Securities and Exchange Commission not less than every six
months to identify out-of-state licensees who may have
disqualifying conditions or who may be obliged to cease practice, and
shall disclose, pursuant to this subdivision, whether those
out-of-state licensees are lawfully permitted to exercise the
privilege. Disclosure of this information shall not be considered
discipline.
(b) The administrative suspension order is immediately effective
when mailed to the individual's address of record or agent for notice
and service as provided for in this article.
(c) The administrative suspension order shall contain the
following:
(1) The reason for the suspension.
(2) A statement that the individual has the right, within 30 days,
to appeal the administrative suspension order and request a hearing.
(3) A statement that any appeal hearing will be conducted under
the provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code) applicable to individuals who are denied
licensure, including the filing of a statement of issues by the board
setting forth the reasons for the administrative suspension of
practice privileges and specifying the statutes and rules with which
the individual must show compliance by producing proof at the hearing
and in addition any particular matters that have come to the
attention of the board and that would authorize the administrative
suspension, or the revocation of practice privileges.
(d) The burden is on the holder of the suspended practice
privilege to establish both qualification and fitness to practice
under practice privileges.
(e) The administrative suspension shall continue in effect until
terminated by an order of the board or the executive officer.
(f) Administrative suspension is not discipline and shall not
preclude any individual from applying for a license to practice
public accountancy in this state.
(g) Proceedings to appeal an administrative suspension order may
be combined or coordinated with proceedings for revocation or
discipline of a practice privilege.
(h) This section shall become operative on July 1, 2013.
(i) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 7. Section 5096.4 of the Business and Professions Code, as
added by Section 21 of Chapter 411 of the Statutes of 2012, is
amended to read:
5096.4. (a) The right of an individual to practice in this state
under a practice privilege may be administratively suspended at any
time by an order issued by the board or its executive officer,
without prior notice or hearing, for the purpose of conducting a
disciplinary investigation, proceeding, or inquiry concerning the
representations made in the notice, the individual's competence or
qualifications to practice under practice privileges, failure to
timely respond to a board inquiry or request for information or
documents, or under other conditions and circumstances provided for
by board regulation. The board shall consult the Public
Company Accounting Oversight Board and the Securities and Exchange
Commission on an every six-month basis to identify out-of-state
licensees who may have disqualifying conditions, or may be obliged to
cease practice, and shall disclose, pursuant to this subdivision,
whether those out-of-state licensees are lawfully permitted to
exercise the privilege. Disclosure of this information shall not be
considered discipline.
(b) The administrative suspension order is immediately effective
when mailed to the individual's address of record or agent for notice
and service as provided for in this article.
(c) The administrative suspension order shall contain the
following:
(1) The reason for the suspension.
(2) A statement that the individual has the right, within 30 days,
to appeal the administrative suspension order and request a hearing.
(3) A statement that any appeal hearing will be conducted under
the provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code) applicable to individuals who are
denied licensure, including the filing of a statement of issues by
the board setting forth the reasons for the administrative suspension
of practice privileges and specifying the statutes and rules with
which the individual must show compliance by producing proof at the
hearing and in addition any particular matters that have come to the
attention of the board and that would authorize
the administrative suspension, or
the denial of practice privileges.
(d) The burden is on the holder of the suspended practice
privilege to establish both qualification and fitness to practice
under practice privileges.
(e) The administrative suspension shall continue in effect until
terminated by an order of the board or the executive officer or
expiration of the practice privilege under administrative suspension.
(f) Administrative suspension is not discipline and shall not
preclude any individual from applying for a license to practice
public accountancy in this state or from applying for a new practice
privilege upon expiration of the one under administrative suspension,
except that the new practice privilege shall not be effective until
approved by the board.
(g) Notwithstanding any administrative suspension, a practice
privilege expires one year from the date of notice unless a shorter
period is set by board regulation.
(h) Proceedings to appeal an administrative suspension order may
be combined or coordinated with proceedings for denial or discipline
of a practice privilege.
(i) This section shall become operative on January 1, 2019.
SEC. 8. Section 6759 of the Business and Professions Code is
amended to read:
6759. The board, upon application therefor, on its prescribed
form, and the payment of the fee fixed by this chapter, may issue a
certificate of registration as a professional engineer, without
written examination, to any person holding a certificate of
registration issued to him or her by any state or country when the
applicant's qualifications meet the requirements of this chapter and
rules established by the board. The board shall not require a comity
applicant to meet any requirement not required of California
applicants. For purposes of this section, equivalent second division
examinations shall be eight-hour written
examinations prepared by or administered by a state or territory
either by single or combined branch at the level generally
administered by the board to persons who passed or were exempted from
the first division examination. Applicants who have passed an
equivalent second division combined branch or a single branch
examination in a branch not recognized for registration in California
shall be registered in the branch in which their experience and
education indicate the closest relationship.
SEC. 9. Section 7011.4 of the Business and Professions Code is
amended to read:
7011.4. (a) Notwithstanding Section 7011, there is in the
Contractors' State License Board, a separate enforcement division
which shall rigorously enforce this chapter prohibiting all forms of
unlicensed activity.
(b) Persons employed as enforcement representatives in
this division of the Contractors' State License Board
and designated by the Director of Consumer Affairs are
not peace officers and are not entitled to safety member retirement
benefits. They do not have the power of arrest. However, they may
shall have the authority to issue a written
notice to appear in court pursuant to Chapter 5c (commencing with
Section 853.5) of Title 3 of Part 2 of the Penal Code. An
employee so designated is not a peace officer and is not entitled to
safety member retirement benefits as a result of that designation. He
or she does not have the power of arrest.
SEC. 10. Section 7842 of the Business and Professions Code is
amended to read:
7842. An applicant for certification in a specialty in geology
shall meet all of the requirements of Section 7841 and, in addition,
his or her seven years of professional geological work
shall include one of the following:
(a) A minimum of three years performed under the supervision of a
geologist certified in the specialty for which he
the applicant is seeking certification or under the
supervision of a registered civil engineer if the applicant is
seeking certification as an engineering geologist or under
the supervision of a registered petroleum engineer if the applicant
is seeking certification as a petroleum geologist, except
that prior to July 1, 1970, professional geological work shall
qualify under this subdivision if it is performed under the
supervision of a geologist qualified in the specialty for which the
applicant is seeking certification or under the supervision of a
registered civil engineer if the applicant is seeking certification
as an engineering geologist or under the supervision of a
registered petroleum engineer if the applicant is seeking
certification as a petroleum geologist.
(b) A minimum of five years' experience in responsible charge of
professional geological work in the specialty for which the applicant
is seeking certification.
SEC. 11. Section 7860 of the Business and Professions Code is
amended to read:
7860. (a) The board may, upon its own initiative or upon the
receipt of a complaint, investigate the actions of any professional
geologist , or geophysicist, and make
findings thereon.
(b) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or revoke the certificate of
any geologist or geophysicist registered hereunder, on any of the
following grounds:
(1) Conviction of a crime substantially related to the
qualifications, functions, or duties of a geologist or geophysicist.
(2) Misrepresentation, fraud, or deceit by a geologist or
geophysicist in his or her practice.
(3) Negligence or incompetence by a geologist or geophysicist in
his or her practice.
(4) Violation of any contract undertaken in the capacity of a
geologist or geophysicist.
(5) Fraud or deceit in obtaining a certificate to practice as a
geologist or geophysicist.
(c) By a majority vote, the board may publicly reprove, suspend
for a period not to exceed two years, or may revoke the certificate
of any geologist or geophysicist registered under this chapter, for
unprofessional conduct. Unprofessional conduct includes, but is not
limited to, any of the following:
(1) Aiding or abetting any person in a violation of this chapter
or any regulation adopted by the board pursuant to this chapter.
(2) Violating this chapter or any regulation adopted by the board
pursuant to this chapter.
(3) Conduct in the course of practice as a geologist or
geophysicist that violates professional standards adopted by the
board.
SEC. 12. Section 8538 of the Business and Professions Code is
amended to read:
8538. (a) A registered structural pest control company shall
provide the owner, or owner's agent, and the tenant ,
if any, of the premises for which the work is to be done with
clear written notice which that
contains the following statements and information using words with
common and everyday meaning:
(1) The pest to be controlled.
(2) The pesticide or pesticides proposed to be used, and the
active ingredient or ingredients.
(3) "State law requires that you be given the following
information: CAUTION--PESTICIDES ARE TOXIC CHEMICALS. Structural Pest
Control Companies are registered and regulated by the Structural
Pest Control Board, and apply pesticides which
that are registered and approved for use by the California
Department of Pesticide Regulation and the United States
Environmental Protection Agency. Registration is granted when the
state finds that, based on existing scientific evidence, there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized."
"If within 24 hours following application you experience symptoms
similar to common seasonal illness comparable to the flu, contact
your physician or poison control center (telephone number) and your
pest control company immediately." (This statement shall be modified
to include any other symptoms of overexposure which
that are not typical of influenza.)
"For further information, contact any of the following: Your Pest
Control Company (telephone number); for Health Questions--the County
Health Department (telephone number); for Application
Information--the County Agricultural Commissioner (telephone number)
and for Regulatory Information--the Structural Pest Control Board
(telephone number and address)."
(4) If a contract for periodic pest control has been executed, the
frequency with which the treatment is to be done.
(b) In the case of Branch 1 applications, the notice prescribed by
subdivision (a) shall be provided at least 48 hours prior to
application unless fumigation follows inspection by less than 48
hours.
In the case of Branch 2 or Branch 3 registered company
applications, the notice prescribed by subdivision (a) shall be
provided no later than prior to application.
In either case, the notice shall be given to the owner, or owner's
agent, and the tenant, if there is a tenant, in at least
one of the following ways:
(1) First-class or electronic mail.
(2) Posting in a conspicuous place on the real property.
(3) Personal delivery.
If the building is commercial or industrial, a notice shall be
posted in a conspicuous place, unless the owner or owner's agent
objects, in addition to any other notification required by this
section.
The notice shall only be required to be provided at the time of
the initial treatment if a contract for periodic service
pest control has been executed. If the pesticide
to be used is changed, another notice shall be required to
be provided in the manner previously set forth
herein described in this section .
(c) Any person or licensee who, or registered company
which that , violates any provision of this
section is guilty of a misdemeanor and is punishable as set forth in
Section 8553.