Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1386


Introduced by Assembly Member Low

February 27, 2015


begin deleteAn act to amend Section 302 of the Business and Professions Code, relating to professions and vocations. end deletebegin insertAn act to amend Section 7099.4 of the Business and Professions Code, relating to contractors.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1386, as amended, Low. begin deleteConsumer affairs. end deletebegin insertContractors: discipline: citation.end insert

begin insert

Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law, based upon an investigation and probable cause, authorizes the registrar of contractors, in lieu of disciplinary proceedings, to issue a citation to a licensee, as defined, or an applicant for a license for violations of the Contractors’ State License Law. Existing law provides that if the licensee or applicant fails to notify the registrar that he or she intends to contest the citation within 15 working days from service of the citation, the citation is deemed a final order of the registrar and is not subject to review by any court or agency, as provided.

end insert
begin insert

This bill would extend the time available for a licensee or applicant to contest that citation from 15 to 20 working days.

end insert
begin delete

Under existing law, the Department of Consumer Affairs is comprised of boards that license and regulate various professions and vocations. Existing law provides that these boards are established to ensure that private businesses and professions are regulated to protect the people of this state. Under existing law, the department is under the control of the Director of Consumer Affairs. The term “director” is defined for the purposes of related provisions.

end delete
begin delete

This bill would make nonsubstantive changes to that definition provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7099.4 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

7099.4.  

If withinbegin delete 15end deletebegin insert 20end insert working days from service of the
4citation issued by the registrar, the licensee or applicant for
5licensure fails to notify the registrar that he or she intends to contest
6the citation, the citation shall be deemed a final order of the
7registrar and not be subject to review by any court or agency. The
8begin delete 15-dayend deletebegin insert 20-dayend insert period may be extended by the registrar for cause.

begin delete9

SECTION 1.  

Section 302 of the Business and Professions Code
10 is amended to read:

11

302.  

As used in this chapter, the following terms shall have
12the following meanings:

13(a) “Department” means the Department of Consumer Affairs.

14(b) “Director” means the Director of Consumer Affairs.

15(c) “Consumer” means any individual who seeks or acquires,
16by purchase or lease, any goods, services, money, or credit for
17personal, family, or household purposes.

18(d) “Person” means an individual, partnership, corporation,
19limited liability company, association, or other group, however
20organized.

21(e) “Individual” does not include a partnership, corporation,
22association, or other group, however organized.

23(f) “Division” means the Division of Consumer Services.

24(g) “Interests of consumers” is limited to the cost, quality, purity,
25safety, durability, performance, effectiveness, dependability,
26availability, and adequacy of choice of goods and services offered
27or furnished to consumers and the adequacy and accuracy of
28information relating to consumer goods, services, money, or credit
29(including labeling, packaging, and advertising of contents,
30qualities, and terms of sales).

end delete


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