BILL ANALYSIS Ó
AB 1060
Page 1
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)).
AB 1060
Page 2
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)).
AB 1060
Page 3
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
AB 1060
Page 4
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
AB 1060
Page 5
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:
AB 1060
Page 6
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301