BILL ANALYSIS Ó
AB 1060
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
1060 (Bonilla) - As Amended March 26, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY: This bill clarifies that a board or bureau under the
Department of Consumer Affairs (DCA) must provide specified
information, when a license is suspended or revoked, to an
ex-licensee by both first-class mail and by email if a board or
bureau has an email address on file for the ex-licensee.
AB 1060
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FISCAL EFFECT:
Costs will be minor and absorbable within existing DCA
resources.
COMMENTS:
1)Purpose. According to the author, "The boards and bureaus
within the DCA are given independent authority to suspend or
revoke a license on the grounds 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. Current law does not specify the means by which this
notification is to be made. This bill 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.
2)License Revocation and License Suspension. Each board and
bureau has its 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 or bureau implements its own suspension and revocation
program. Depending on the board or bureau, 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.
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According to the DCA, the number of suspensions and
revocations vary based on each board or bureau'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. A board relies upon individuals
to update their email and mailing addresses and does not
always have updated contact information.
3)Prior Legislation. AB 1025 (Bass) of 2007, would have provided
that an applicant 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. If the
felony or misdemeanor conviction had been dismissed, it would
have presumed that the applicant or licensee had been
rehabilitated unless a board proved otherwise. That bill was
vetoed by Governor Schwarzenegger.
Analysis Prepared by:Jennifer Swenson / APPR. / (916)
319-2081
AB 1060
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