BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1060


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          Date of Hearing:  April 14, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 1060   
          (Bonilla) - As Amended March 26, 2015


          SUBJECT:  Professions and vocations:  licensure. 



          SUMMARY:  Clarifies that a board or bureau under the Department  
          of Consumer Affairs (DCA) (hereafter referred to as "a board")  
          must provide specified information, when a license is suspended  
          or revoked, to an ex-licensee through first-class mail and by  
          email if a board has an email address on file for the  
          ex-licensee.
          
          EXISTING LAW


          1)Permits a board to deny a license, as specified.  (Business  
            and Professions Code (BPC) Section 480).


          2)Permits a board to suspend or revoke a license on the grounds  
            that the licensee has been convicted of a crime, if the crime  
            is substantially related to the qualifications, functions, or  
            duties of the business or profession for which the license was  
            issued. (BPC Section 490(a)).











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          3)Defines a "conviction," as referenced above, to mean a plea or  
            verdict of guilty or a conviction following a plea of nolo  
            contendere and states that any action that a board is  
            permitted to take following the establishment of a conviction  
            may be taken when the time for appeal has elapsed, or the  
            judgment of a conviction has been affirmed on appeal, or when  
            an order granting probation is made suspending the imposition  
            of sentence, irrespective of a subsequent order, as specified.  
             (BPC Section 490(c)).



          4)Permits a board to suspend a license as specified, if a  
            licensee is not in compliance with a child support order. (BPC  
            Section 490.5).




          5)Requires a board, upon a suspension or revocation of a license  
            on one or more of the grounds referenced in two above, to:

             a)   Send a copy of the provisions of Government Code Section  
               11522 regarding reinstatement or reduction of the penalty,  
               as specified; and,

             b)   A copy of the criteria relating to rehabilitation, as  
               specified.  (BPC Section 491(a)(b)).


          6)Requires a board, as specified, to develop criteria to  
            evaluate the rehabilitation of a person when:



             a)   Considering the denial of a license; or,

             b)   Considering suspension or revocation of a license.  (BPC  
               Section 482(a)(b)).








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          7)Requires a board to take into account all competent evidence  
            of rehabilitation furnished by the applicant or licensee.   
            (BPC Section 482).

          


          THIS BILL


          1)Requires a board to send specified information to an  
            ex-licensee by first class mail and email if a board has an  
            email address on file for the ex-licensee.  


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  
          Legislative Counsel.  


          COMMENTS


          1)Purpose. This bill is author sponsored.  According to the  
            author, "Existing law provides for the licensure and  
            regulation of various professions and vocations within the  
            DCA.  The boards and bureaus are given independent authority  
            to suspend or revoke a license on the ground that the licensee  
            was convicted of a crime that is substantially related to the  
            qualifications, functions, or duties of the business or  
            profession for which the license was issued.  In the event of  
            a license suspension or revocation, boards and bureaus are  
            required to provide the ex-licensee with certain information  
            regarding rehabilitation, reinstatement, or reduction of the  
            penalty; however, current law does not specify the means by  
            which this notification is to be made.  This bill simply  
            clarifies that the required information must be sent by  
            first-class mail and email, if an email address is on file  
            with the board or bureau.  This will help create consistency  








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            amongst the boards and bureaus in distributing the information  
            and will increase the likelihood that an ex-licensee receives  
            this valuable information." 


          2)Background. This bill will clarify that a board who suspends,  
            revokes, or denies a license is required to inform individuals  
            about pertinent rehabilitation criteria and procedures.   
            Currently, the boards and bureaus under the DCA are required  
            to notify ex-licensees, however, the method of delivery is not  
            specified and may be inconsistent.  


            In addition to the denial of an application for licensure, a  
            board is permitted to suspend or revoke the license of an  
            individual who has been convicted of a crime that is  
            substantially related to the functions or duties of the  
            business or profession for which the individual is licensed.   
            Once a board has decided to suspend or revoke a license, a  
            board is then required to send the ex-licensee, the individual  
            whose license was revoked or suspended, certain information  
            about the procedures and criteria for license rehabilitation.   
            However, the law is not clear on the delivery method for this  
            information to be sent to the ex-licensee.  


            This bill simply requires a board to send the rehabilitation  
            criteria and relevant information by first-class mail and by  
            email if a board has an email address on file for the  
            ex-licensee.  A board relies upon individuals to update their  
            email and mailing addresses and does not always have updated  
            contact information.  By requiring a board to send this  
            information via mail and electronic mail, it will help ensure  
            that the ex-licensee receives the required material about  
            rehabilitation criteria.  



            License Revocation and License Suspension.  Each board has its  








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            own enforcement provisions and is responsible for determining  
            if a license should be suspended or revoked.  According to the  
            DCA, there is no standard method by which a board implements  
            its own suspension and revocation program.  Depending on the  
            board, a license revocation typically means that a license  
            will not be reinstated or reissued for a period of one to five  
            years from the effective date of the decision.  A license  
            suspension typically means that the licensee is not entitled  
            to operate during the period of suspension.  According to the  
            DCA, the number of suspensions and revocations vary based on  
            each board's disciplinary scheme.  In fiscal year (FY)  
            2013-14, the Board of Behavioral Sciences suspended one  
            license and revoked 17, while in FY 2013-14, the Bureau of  
            Real Estate suspended approximately 182 licensed and revoked  
            approximately 649 licenses.  Regardless of a suspension or  
            revocation, or a board's disciplinary policies, if a license  
            is suspended or revoked, a board is required to send  
            information about the procedures and criteria for license  
            rehabilitation.  This bill specifies that the information is  
            to be sent by first-class mail and email, if the board has an  
            email address on file for the ex-licensee.


            Prior Related Legislation. AB 1025 (Bass) of 2007, would have  
            provided that an applicant for a license with a board may not  
            be denied licensure, or may not have their license suspended  
            or revoked, solely on the basis that he or she has been  
            convicted of a felony or misdemeanor if they have obtained a  
            certificate of rehabilitation and if the felony or misdemeanor  
            conviction has been dismissed, it shall be presumed that the  
            applicant or licensee has been rehabilitated unless a board  
            proves otherwise.  NOTE:  This bill was vetoed by Governor  
            Schwarzenegger.

          REGISTERED SUPPORT / OPPOSITION:












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          Support


          None on file.




          Opposition


          None on file.




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301