reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 5 - Payment Procedures › Section 469.

469. Upon the approval of the county, funds available for the purposes of this chapter shall be used for the costs of operation of approved programs. Not more than 10 percent of funds available for the purposes of this chapter shall be used to finance the administration of the program by a county with a population of 500,000 or more persons, and no more than 20 percent may be so used if its population is less than that amount. All moneys allocated for the purposes of this chapter shall be apportioned and distributed to programs in the county, taking into account the relative population and needs of a community as well as the availability of existing dispute resolution facilities offering alternatives to the formal judicial system. If any program receives funding from any other county fee enhancements collected for the purpose of funding alternative dispute resolution services, the county shall consider that fact in determining the appropriate level of funding for a particular program. The methods of payment or reimbursement for dispute resolution costs shall be specified by the county and may vary among programs. All such arrangements shall conform to the regulations of the advisory council.
(Amended by Stats. 1992, Ch. 685, Sec. 1. Effective September 14, 1992.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 6 - Funding › Section 470.

470. A county may accept and disburse funds from any public or private source for the purposes of this chapter.
(Added by Stats. 1986, Ch. 1313, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 6 - Funding › Section 470.1.

470.1. (a) A grant recipient may accept funds from any public or private source for the purposes of this chapter.
(b) A county and its representatives may inspect, examine, and audit the fiscal affairs of the programs and the projects funded under this chapter.
(c) Programs shall, whenever reasonably possible, make use of public facilities at free or nominal costs.
(Added by Stats. 1986, Ch. 1313, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 6 - Funding › Section 470.2.

470.2. A county’s share of the funding pursuant to this chapter shall not exceed 50 percent of the approved estimated cost of the program.
(Added by Stats. 1986, Ch. 1313, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 6 - Funding › Section 470.6.

470.6. A county may carry over moneys received from distributions under Section 470.5 and from the fees for the support of dispute resolution programs authorized by this chapter that were added to fees for filing a first paper in a civil action in superior court under the laws in effect before January 1, 2006.
(Added by Stats. 2005, Ch. 75, Sec. 5. Effective July 19, 2005. Operative January 1, 2006, by Sec. 156 of Ch. 75.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 7 - Rules and Regulations › Section 471.

471. (a) The advisory council shall adopt rules and regulations to effectuate the purposes of this chapter, including, but not limited to, guidelines to be used by the programs for the recruitment and training of persons conducting dispute resolution, and provisions for periodic monitoring and evaluation of the programs funded pursuant to this chapter. The advisory council shall establish guidelines to evaluate the performance of participating programs, which shall include analysis of court caseload reduction, cost savings to the state, the efficacy of the programs, and the feasibility of operation of a statewide program of grants at the time the state assumes the responsibility for the funding of trial courts.
(b) The advisory council shall adopt temporary guidelines within six months of its initial meeting. The adoption of these temporary guidelines shall not be subject to the procedures specified in Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code.
Upon the adoption of the temporary guidelines, counties may award grants pursuant to this chapter. Programs funded pursuant to this chapter shall comply with the temporary guidelines, the requirements of this chapter and, when adopted, the formal rules and regulations.
(c) Formal rules and regulations implementing this chapter shall be adopted pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code and, upon adoption, shall supersede the temporary guidelines adopted pursuant to subdivision (b).
(d) On and after January 1, 1989, or such earlier date as the advisory council completes its duties pursuant to this chapter, the Division of Consumer Services of the Department of Consumer Affairs shall periodically review the effectiveness of the rules and regulations adopted pursuant to this chapter and adopt changes thereto as necessary. It also shall monitor and evaluate the programs funded pursuant to this chapter as to their compliance with those rules and regulations.
(e) The Director of Consumer Affairs shall administer and enforce this chapter and the rules and regulations adopted pursuant to this chapter, and in so doing may exercise any power conferred under Chapter 4 (commencing with Section 300).
(Amended by Stats. 1990, Ch. 1272, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 7 - Rules and Regulations › Section 471.3.

471.3. The rules and regulations adopted by the advisory council pursuant to Section 471 shall be formulated to promote statewide uniformity with the guidelines contained in those rules and regulations.
(Added by Stats. 1987, Ch. 28, Sec. 6. Effective May 28, 1987.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 7 - Rules and Regulations › Section 471.5.

471.5. Each program funded pursuant to this chapter shall annually provide the county with statistical data regarding its operating budget; the number of referrals, categories, or types of cases referred to the program; the number of persons served by the program; the number of disputes resolved; the nature of the disputes resolved; rates of compliance; the number of persons utilizing the process more than once; the duration of and the estimated costs of the hearings conducted by the programs; and any other information that the county may require. The data shall maintain the confidentiality and anonymity of the persons employing the dispute resolution process.
(Amended by Stats. 1987, Ch. 56, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 9 - Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles › Section 472.

472. Unless the context requires otherwise, the following definitions govern the construction of this chapter:
(a) “New motor vehicle” means a new motor vehicle as defined in paragraph (2) of subdivision (e) of Section 1793.22 of the Civil Code.
(b) “Manufacturer” means a new motor vehicle manufacturer, manufacturer branch, distributor, or distributor branch required to be licensed pursuant to Article 1 (commencing with Section 11700) of Chapter 4 of Division 5 of the Vehicle Code.
(c) “Qualified third party dispute resolution process” means a third party dispute resolution process which operates in compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter and which has been certified by the department pursuant to this chapter.
(Amended by Stats. 1992, Ch. 1232, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 9 - Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles › Section 472.1.

472.1. The department shall establish a program for certifying each third-party dispute resolution process used for the arbitration of disputes pursuant to subdivision (c) of Section 1793.22 of the Civil Code. In establishing the program, the department shall do all of the following:
(a) Prescribe and provide forms to be used to apply for certification under this chapter.
(b) Establish a set of minimum standards which shall be used to determine whether a third-party dispute resolution process is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter.
(c) Prescribe the information which each manufacturer, or other entity, that operates a third-party dispute resolution process shall provide the department in the application for certification. In prescribing the information to accompany the application for certification, the department shall require the manufacturer, or other entity, to provide only that information which the department finds is reasonably necessary to enable the department to determine whether the third-party dispute resolution process is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter.
(d) Prescribe the information that each qualified third-party dispute resolution process shall provide the department, and the time intervals at which the information shall be required, to enable the department to determine whether the qualified third-party dispute resolution process continues to operate in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter.
(Amended by Stats. 1992, Ch. 1232, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 9 - Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles › Section 472.2.

472.2. (a) Each manufacturer may establish, or otherwise make available to buyers or lessees of new motor vehicles, a qualified third-party dispute resolution process for the resolution of disputes pursuant to subdivision (c) of Section 1793.22 of the Civil Code. A manufacturer that itself operates the third-party dispute resolution process shall apply to the department for certification of that process. If the manufacturer makes the third-party dispute resolution process available to buyers or lessees of new motor vehicles through contract or other arrangement with another entity, that entity shall apply to the department for certification. An entity that operates a third-party dispute resolution process for more than one manufacturer shall make a separate application for certification for each manufacturer that uses that entity’s third-party dispute resolution process. The application for certification shall be accompanied by the information prescribed by the department.
(b) The department shall review the application and accompanying information and, after conducting an onsite inspection, shall determine whether the third-party dispute resolution process is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. If the department determines that the process is in substantial compliance, the department shall certify the process. If the department determines that the process is not in substantial compliance, the department shall deny certification and shall state, in writing, the reasons for denial and the modifications in the operation of the process that are required in order for the process to be certified.
(c) The department shall make a final determination whether to certify a third-party dispute resolution process or to deny certification not later than 90 calendar days following the date the department accepts the application for certification as complete.
(Amended by Stats. 1992, Ch. 1232, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 9 - Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles › Section 472.3.

472.3. (a) The department, in accordance with the time intervals prescribed pursuant to subdivision (d) of Section 472.1, but at least once annually, shall review the operation and performance of each qualified third-party dispute resolution process and determine, using the information provided the department as prescribed pursuant to subdivision (d) of Section 472.1 and the monitoring and inspection information described in subdivision (c) of Section 472.4, whether the process is operating in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter. If the department determines that the process is in substantial compliance, the certification shall remain in effect.
(b) If the department determines that the process is not in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code or this chapter, the department shall issue a notice of decertification to the entity which operates the process and shall send a copy of that notice to any manufacturer affected by the decertification. The notice of decertification shall state the reasons for the issuance of the notice and prescribe the modifications in the operation of the process that are required in order for the process to retain its certification.
(c) A notice of decertification shall take effect 180 calendar days following the date the notice is served on the manufacturer, or other entity, which uses the process that the department has determined is not in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code or this chapter. The department shall withdraw the notice of decertification prior to its effective date if the department determines, after a public hearing, that the manufacturer, or other entity, which uses the process has made the modifications in the operation of the process required in the notice of decertification and is in substantial compliance with subdivision (d) of Section 1793.22 of the Civil Code and this chapter.
(Amended by Stats. 1992, Ch. 1232, Sec. 4. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 9 - Certification of Third-Party Dispute Resolution Processes for New Motor Vehicles › Section 472.4.

472.4. In addition to any other requirements of this chapter, the department shall do all of the following:
(a) Establish procedures to assist owners or lessees of new motor vehicles who have complaints regarding the operation of a qualified third-party dispute resolution process.
(b) Establish methods for measuring customer satisfaction and to identify violations of this chapter, which shall include an annual random postcard or telephone survey by the department of the customers of each qualified third-party dispute resolution process.
(c) Monitor and inspect, on a regular basis, qualified third-party dispute resolution processes to determine whether they continue to meet the standards for certification. Monitoring and inspection shall include, but not be limited to, all of the following:
(1) Virtual or onsite inspections of each qualified third-party dispute resolution process not less frequently than twice annually.
(2) Investigation of complaints from consumers regarding the operation of qualified third-party dispute resolution processes and analyses of representative samples of complaints against each process.
(3) Analyses of the annual surveys required by subdivision (b).
(d) Notify the Department of Motor Vehicles of the failure of a manufacturer to honor a decision of a qualified third-party dispute resolution process to enable the Department of Motor Vehicles to take appropriate enforcement action against the manufacturer pursuant to Section 11705.4 of the Vehicle Code.
(e) Submit a biennial report to the Legislature evaluating the effectiveness of this chapter, make available to the public summaries of the statistics and other information supplied by each qualified third-party dispute resolution process, and publish educational materials regarding the purposes of this chapter.
(f) Adopt regulations as necessary and appropriate to implement this chapter and subdivision (d) of Section 1793.22 of the Civil Code.
(g) Protection of the public shall be the highest priority for the department in exercising its certification, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Amended by Stats. 2023, Ch. 510, Sec. 2. (SB 887) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 1 - General Provisions › Section 475.

475. (a) Notwithstanding any other provisions of this code, the provisions of this division shall govern the denial of licenses on the grounds of:
(1) Knowingly making a false statement of material fact, or knowingly omitting to state a material fact, in an application for a license.
(2) Conviction of a crime.
(3) Commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another.
(4) Commission of any act which, if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.
(b) Notwithstanding any other provisions of this code, the provisions of this division shall govern the suspension and revocation of licenses on grounds specified in paragraphs (1) and (2) of subdivision (a).
(c) A license shall not be denied, suspended, or revoked on the grounds of a lack of good moral character or any similar ground relating to an applicant’s character, reputation, personality, or habits.
(Amended by Stats. 1992, Ch. 1289, Sec. 5. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 1 - General Provisions › Section 476.

476. (a) Except as provided in subdivision (b), nothing in this division shall apply to the licensure or registration of persons pursuant to Chapter 4 (commencing with Section 6000) of Division 3, or pursuant to Division 9 (commencing with Section 23000) or pursuant to Chapter 5 (commencing with Section 19800) of Division 8.
(b) Section 494.5 shall apply to the licensure of persons authorized to practice law pursuant to Chapter 4 (commencing with Section 6000) of Division 3, and the licensure or registration of persons pursuant to Chapter 5 (commencing with Section 19800) of Division 8 or pursuant to Division 9 (commencing with Section 23000).
(Amended by Stats. 2011, Ch. 455, Sec. 2. (AB 1424) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 1 - General Provisions › Section 477.

477. As used in this division:
(a) “Board” includes “bureau,” “commission,” “committee,” “department,” “division,” “examining committee,” “program,” and “agency.”
(b) “License” includes certificate, registration or other means to engage in a business or profession regulated by this code.
(Amended by Stats. 1991, Ch. 654, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 1 - General Provisions › Section 478.

478. (a) As used in this division, “application” includes the original documents or writings filed and any other supporting documents or writings including supporting documents provided or filed contemporaneously, or later, in support of the application whether provided or filed by the applicant or by any other person in support of the application.
(b) As used in this division, “material” includes a statement or omission substantially related to the qualifications, functions, or duties of the business or profession.
(Added by Stats. 1992, Ch. 1289, Sec. 6. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 480.5.

480.5. (a) An individual who has satisfied any of the requirements needed to obtain a license regulated under this division while incarcerated, who applies for that license upon release from incarceration, and who is otherwise eligible for the license shall not be subject to a delay in processing his or her application or a denial of the license solely on the basis that some or all of the licensure requirements were completed while the individual was incarcerated.
(b) Nothing in this section shall be construed to apply to a petition for reinstatement of a license or to limit the ability of a board to deny a license pursuant to Section 480.
(c) This section shall not apply to the licensure of individuals under the initiative act referred to in Chapter 2 (commencing with Section 1000) of Division 2.
(Added by Stats. 2014, Ch. 410, Sec. 1. (AB 1702) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 481.

481. (a) Each board under this code shall develop criteria to aid it, when considering the denial, suspension, or revocation of a license, to determine whether a crime is substantially related to the qualifications, functions, or duties of the business or profession it regulates.
(b) Criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of the business or profession a board regulates shall include all of the following:
(1) The nature and gravity of the offense.
(2) The number of years elapsed since the date of the offense.
(3) The nature and duties of the profession in which the applicant seeks licensure or in which the licensee is licensed.
(c) A board shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any process established in the practice act or regulations of the particular board and as directed by Section 482.
(d) Each board shall post on its Internet Web site a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of the business or profession it regulates consistent with this section.
(e) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(f) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 995, Sec. 7. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 482.

482. (a) Each board under this code shall develop criteria to evaluate the rehabilitation of a person when doing either of the following:
(1) Considering the denial of a license by the board under Section 480.
(2) Considering suspension or revocation of a license under Section 490.
(b) Each board shall consider whether an applicant or licensee has made a showing of rehabilitation if either of the following are met:
(1) The applicant or licensee has completed the criminal sentence at issue without a violation of parole or probation.
(2) The board, applying its criteria for rehabilitation, finds that the applicant is rehabilitated.
(c) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(d) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 995, Sec. 9. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 484.

484. No person applying for licensure under this code shall be required to submit to any licensing board any attestation by other persons to his good moral character.
(Amended by Stats. 1974, Ch. 1321.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 485.

485. Upon denial of an application for a license under this chapter or Section 496, the board shall do either of the following:
(a) File and serve a statement of issues in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Notify the applicant that the application is denied, stating (1) the reason for the denial, and (2) that the applicant has the right to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if written request for hearing is made within 60 days after service of the notice of denial. Unless written request for hearing is made within the 60-day period, the applicant’s right to a hearing is deemed waived.
Service of the notice of denial may be made in the manner authorized for service of summons in civil actions, or by registered mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise. Service by mail is complete on the date of mailing.
(Amended by Stats. 1997, Ch. 758, Sec. 2.3. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 486.

486. Where the board has denied an application for a license under this chapter or Section 496, it shall, in its decision, or in its notice under subdivision (b) of Section 485, inform the applicant of the following:
(a) The earliest date on which the applicant may reapply for a license which shall be one year from the effective date of the decision, or service of the notice under subdivision (b) of Section 485, unless the board prescribes an earlier date or a later date is prescribed by another statute.
(b) That all competent evidence of rehabilitation presented will be considered upon a reapplication.
Along with the decision, or the notice under subdivision (b) of Section 485, the board shall serve a copy of the criteria relating to rehabilitation formulated under Section 482.
(Amended by Stats. 1997, Ch. 758, Sec. 2.4. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 487.

487. If a hearing is requested by the applicant, the board shall conduct such hearing within 90 days from the date the hearing is requested unless the applicant shall request or agree in writing to a postponement or continuance of the hearing. Notwithstanding the above, the Office of Administrative Hearings may order, or on a showing of good cause, grant a request for, up to 45 additional days within which to conduct a hearing, except in cases involving alleged examination or licensing fraud, in which cases the period may be up to 180 days. In no case shall more than two such orders be made or requests be granted.
(Amended by Stats. 1986, Ch. 220, Sec. 1. Effective June 30, 1986.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 488.

488. (a) Except as otherwise provided by law, following a hearing requested by an applicant pursuant to subdivision (b) of Section 485, the board may take any of the following actions:
(1) Grant the license effective upon completion of all licensing requirements by the applicant.
(2) Grant the license effective upon completion of all licensing requirements by the applicant, immediately revoke the license, stay the revocation, and impose probationary conditions on the license, which may include suspension.
(3) Deny the license.
(4) Take other action in relation to denying or granting the license as the board in its discretion may deem proper.
(b) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(c) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 995, Sec. 11. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 2 - Denial of Licenses › Section 489.

489. Any agency in the department which is authorized by law to deny an application for a license upon the grounds specified in Section 480 or 496, may without a hearing deny an application upon any of those grounds, if within one year previously, and after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that agency has denied an application from the same applicant upon the same ground.
(Amended by Stats. 1997, Ch. 758, Sec. 2.5. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 3 - Suspension and Revocation of Licenses › Section 490.

490. (a) In addition to any other action that a board is permitted to take against a licensee, a board may suspend or revoke a license on the ground 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.
(b) Notwithstanding any other provision of law, a board may exercise any authority to discipline a licensee for conviction of a crime that is independent of the authority granted under subdivision (a) only if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the licensee’s license was issued.
(c) A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. An 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 conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code.
(d) The Legislature hereby finds and declares that the application of this section has been made unclear by the holding in Petropoulos v. Department of Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has placed a significant number of statutes and regulations in question, resulting in potential harm to the consumers of California from licensees who have been convicted of crimes. Therefore, the Legislature finds and declares that this section establishes an independent basis for a board to impose discipline upon a licensee, and that the amendments to this section made by Chapter 33 of the Statutes of 2008 do not constitute a change to, but rather are declaratory of, existing law.
(Amended by Stats. 2010, Ch. 328, Sec. 2. (SB 1330) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 3 - Suspension and Revocation of Licenses › Section 490.5.

490.5. A board may suspend a license pursuant to Section 17520 of the Family Code if a licensee is not in compliance with a child support order or judgment.
(Amended by Stats. 2010, Ch. 328, Sec. 3. (SB 1330) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 3 - Suspension and Revocation of Licenses › Section 491.

491. Upon suspension or revocation of a license by a board on one or more of the grounds specified in Section 490, the board shall:
(a) Send a copy of the provisions of Section 11522 of the Government Code to the ex-licensee.
(b) Send a copy of the criteria relating to rehabilitation formulated under Section 482 to the ex-licensee.
(Amended by Stats. 1975, Ch. 678.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 3 - Suspension and Revocation of Licenses › Section 492.

492. Notwithstanding any other provision of law, successful completion of any diversion program under the Penal Code, or successful completion of an alcohol and drug problem assessment program under Article 5 (commencing with Section 23249.50) of Chapter 12 of Division 11 of the Vehicle Code, shall not prohibit any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division, from taking disciplinary action against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest.
This section shall not be construed to apply to any drug diversion program operated by any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division.
(Amended by Stats. 1994, Ch. 26, Sec. 15. Effective March 30, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 3 - Suspension and Revocation of Licenses › Section 493.

493. (a) Notwithstanding any other law, in a proceeding conducted by a board within the department pursuant to law to deny an application for a license or to suspend or revoke a license or otherwise take disciplinary action against a person who holds a license, upon the ground that the applicant or the licensee has been convicted of a crime substantially related to the qualifications, functions, and duties of the licensee in question, the record of conviction of the crime shall be conclusive evidence of the fact that the conviction occurred, but only of that fact.
(b) (1) Criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of the business or profession the board regulates shall include all of the following:
(A) The nature and gravity of the offense.
(B) The number of years elapsed since the date of the offense.
(C) The nature and duties of the profession.
(2) A board shall not categorically bar an applicant based solely on the type of conviction without considering evidence of rehabilitation.
(c) As used in this section, “license” includes “certificate,” “permit,” “authority,” and “registration.”
(d) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:
(1) The State Athletic Commission.
(2) The Bureau for Private Postsecondary Education.
(3) The California Horse Racing Board.
(e) This section shall become operative on July 1, 2020.
(Repealed and added by Stats. 2018, Ch. 995, Sec. 13. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 3 - Suspension and Revocation of Licenses › Section 494.6.

494.6. (a) A business license regulated by this code may be subject to suspension or revocation if the licensee has been determined by the Labor Commissioner or the court to have violated subdivision (b) of Section 244 of the Labor Code and the court or Labor Commissioner has taken into consideration any harm such a suspension or revocation would cause to employees of the licensee, as well as the good faith efforts of the licensee to resolve any alleged violations after receiving notice.
(b) Notwithstanding subdivision (a), a licensee of an agency within the Department of Consumer Affairs who has been found by the Labor Commissioner or the court to have violated subdivision (b) of Section 244 of the Labor Code may be subject to disciplinary action by his or her respective licensing agency.
(c) An employer shall not be subject to suspension or revocation under this section for requiring a prospective or current employee to submit, within three business days of the first day of work for pay, an I-9 Employment Eligibility Verification form.
(Amended by Stats. 2014, Ch. 71, Sec. 1. (SB 1304) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 4 - Public Reprovals › Section 495.

495. Notwithstanding any other provision of law, any entity authorized to issue a license or certificate pursuant to this code may publicly reprove a licentiate or certificate holder thereof, for any act that would constitute grounds to suspend or revoke a license or certificate. Any proceedings for public reproval, public reproval and suspension, or public reproval and revocation shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, or, in the case of a licensee or certificate holder under the jurisdiction of the State Department of Health Services, in accordance with Section 100171 of the Health and Safety Code.
(Amended by Stats. 1997, Ch. 220, Sec. 2. Effective August 4, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 5 - Examination Security › Section 496.

496. A board may deny, suspend, revoke, or otherwise restrict a license on the ground that an applicant or licensee has violated Section 123 pertaining to subversion of licensing examinations.
(Repealed and added by Stats. 1989, Ch. 1022, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 5 - Examination Security › Section 498.

498. A board may revoke, suspend, or otherwise restrict a license on the ground that the licensee secured the license by fraud, deceit, or knowing misrepresentation of a material fact or by knowingly omitting to state a material fact.
(Added by Stats. 1992, Ch. 1289, Sec. 8. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1.5 - DENIAL, SUSPENSION AND REVOCATION OF LICENSES › CHAPTER 5 - Examination Security › Section 499.

499. A board may revoke, suspend, or otherwise restrict a license on the ground that the licensee, in support of another person’s application for license, knowingly made a false statement of a material fact or knowingly omitted to state a material fact to the board regarding the application.
(Added by Stats. 1992, Ch. 1289, Sec. 9. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 1 - General Provisions › ARTICLE 1 - Records › Section 500.

500. If the register or book of registration of the Medical Board of California, the Dental Board of California, or the California State Board of Pharmacy is destroyed by fire or other public calamity, the board, whose duty it is to keep the register or book, may reproduce it so that there may be shown as nearly as possible the record existing in the original at the time of destruction.
(Amended by Stats. 2015, Ch. 426, Sec. 3. (SB 800) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 1 - General Provisions › ARTICLE 1 - Records › Section 501.

501. For the reproduction of the destroyed register or book the board shall make use of such existing official printed registers, books or matter, certificates, affidavits to be presented, or other official information as may be available and which may appear to the board to be authentic. Upon the completion of the reproduction, the board shall by resolution adopt the reproduced register or book as the register or book of the board, and thereafter the same shall be taken and used to all intents and purposes as well for evidence as otherwise as if it were the original.
(Enacted by Stats. 1937, Ch. 399.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 1 - General Provisions › ARTICLE 1.5 - Advocacy for Appropriate Health Care › Section 511.

511. (a) No subcontract between a physician and surgeon, physician and surgeon group, or other licensed health care practitioner who contracts with a health care service plan or health insurance carrier, and another physician and surgeon, physician and surgeon group, or licensed health care practitioner, shall contain any incentive plan that includes a specific payment made, in any type or form, to a physician and surgeon, physician and surgeon group, or other licensed health care practitioner as an inducement to deny, reduce, limit, or delay specific, medically necessary, and appropriate services covered under the contract with the health care service plan or health insurance carrier and provided with respect to a specific enrollee or groups of enrollees with similar medical conditions.
(b) Nothing in this section shall be construed to prohibit subcontracts that contain incentive plans that involve general payments such as capitation payments or shared risk agreements that are not tied to specific medical decisions involving specific enrollees or groups of enrollees with similar medical conditions.
(Added by Stats. 1996, Ch. 1014, Sec. 1. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 1 - General Provisions › ARTICLE 1.5 - Advocacy for Appropriate Health Care › Section 511.3.

511.3. (a) When a contracting agent sells, leases, or transfers a health provider’s contract to a payor, the rights and obligations of the provider shall be governed by the underlying contract between the health care provider and the contracting agent.
(b) For purposes of this section, the following terms shall have the following meanings:
(1) “Contracting agent” has the meaning set forth in paragraph (2) of subdivision (d) of Section 511.1.
(2) “Payor” has the meaning set forth in paragraph (3) of subdivision (d) of Section 511.1.
(Amended by Stats. 2004, Ch. 183, Sec. 1. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 2 - HEALING ARTS › CHAPTER 1 - General Provisions › ARTICLE 1.5 - Advocacy for Appropriate Health Care › Section 511.4.

511.4. (a) A contracting agent, as defined in paragraph (2) of subdivision (d) of Section 511.1, shall beginning July 1, 2006, prior to contracting, annually thereafter on or before the contract anniversary date, and, in addition, upon the contracted provider’s written request, disclose to contracting providers all of the following information in an electronic format:
(1) The amount of payment for each service to be provided under the contract, including any fee schedules or other factors or units used in determining the fees for each service. To the extent that reimbursement is made pursuant to a specified fee schedule, the contract shall incorporate that fee schedule by reference, including the year of the schedule. For any proprietary fee schedule, the contract shall include sufficient detail that payment amounts related to that fee schedule can be accurately predicted.
(2) The detailed payment policies and rules and nonstandard coding methodologies used to adjudicate claims, which shall, unless otherwise prohibited by state law, do all of the following:
(A) When available, be consistent with Current Procedural Terminology (CPT), and standards accepted by nationally recognized medical societies and organizations, federal regulatory bodies, and major credentialing organizations.
(B) Clearly and accurately state what is covered by any global payment provisions for both professional and institutional services, any global payment provisions for all services necessary as part of a course of treatment in an institutional setting, and any other global arrangements, such as per diem hospital payments.
(C) At a minimum, clearly and accurately state the policies regarding all of the following:
(i) Consolidation of multiple services or charges and payment adjustments due to coding changes.
(ii) Reimbursement for multiple procedures.
(iii) Reimbursement for assistant surgeons.
(iv) Reimbursement for the administration of immunizations and injectable medications.
(v) Recognition of CPT modifiers.
(b) The information disclosures required by this section shall be in sufficient detail and in an understandable format that does not disclose proprietary trade secret information or violate copyright law or patented processes, so that a reasonable person with sufficient training, experience, and competence in claims processing can determine the payment to be made according to the terms of the contract.
(c) A contracting agent may disclose the fee schedules mandated by this section through the use of a Web site, so long as it provides written notice to the contracted provider at least 45 days prior to implementing a Web site transmission format or posting any changes to the information on the Web site.
(Added by Stats. 2005, Ch. 441, Sec. 2. Effective January 1, 2006.)