reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 153.5.

153.5. In the event that a newly authorized board replaces an existing or a previous board, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(Added by Stats. 2002, Ch. 1079, Sec. 1. Effective September 29, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 154.

154. Any and all matters relating to employment, tenure or discipline of employees of any board, agency or commission, shall be initiated by said board, agency or commission, but all such actions shall, before reference to the State Personnel Board, receive the approval of the appointing power.
To effect the purposes of Division 1 of this code and each agency of the department, employment of all personnel shall be in accord with Article XXIV of the Constitution, the law and rules and regulations of the State Personnel Board. Each board, agency or commission, shall select its employees from a list of eligibles obtained by the appointing power from the State Personnel Board. The person selected by the board, agency or commission to fill any position or vacancy shall thereafter be reported by the board, agency or commission, to the appointing power.
(Amended by Stats. 1945, Ch. 1276.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 154.1.

154.1. (a) The Legislature hereby finds and declares all of the following:
(1) The department is currently providing opportunities for employees of agencies comprising the department who perform enforcement functions to attend an entry level enforcement academy.
(2) It is in the best interest of consumers in the state for the department to continue to provide ongoing training opportunities for employees performing enforcement functions for each agency comprising the department.
(b) The department shall continue to develop and make available training courses for employees who perform enforcement functions. The purpose of the training courses is to develop knowledge of enforcement practices for all employees who perform enforcement functions. The department shall encourage an agency executive officer, registrar, executive director, bureau chief, enforcement manager, supervisor, or staff member to attend enforcement training courses.
(c) The department shall develop the enforcement training curricula in consultation and cooperation with the office of the Attorney General and the Office of Administrative Hearings.
(Added by Stats. 2014, Ch. 395, Sec. 3. (SB 1243) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 154.2.

154.2. (a) The healing arts boards within Division 2 (commencing with Section 500) may employ individuals, other than peace officers, to perform investigative services.
(b) The healing arts boards within Division 2 (commencing with Section 500) may employ individuals to serve as experts.
(Added by Stats. 2010, Ch. 719, Sec. 1. (SB 856) Effective October 19, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 154.5.

154.5. If a person, not a regular employee of a board under this code, including the Board of Chiropractic Examiners and the Osteopathic Medical Board of California, is hired or under contract to provide expertise to the board in the evaluation of an applicant or the conduct of a licensee, and that person is named as a defendant in a civil action arising out of the evaluation or any opinions rendered, statements made, or testimony given to the board or its representatives, the board shall provide for representation required to defend the defendant in that civil action. The board shall not be liable for any judgment rendered against the person. The Attorney General shall be utilized in the action and his or her services shall be a charge against the board.
(Amended by Stats. 1991, Ch. 359, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 155.

155. (a) In accordance with Section 159.5, the director may employ such investigators, inspectors, and deputies as are necessary properly to investigate and prosecute all violations of any law, the enforcement of which is charged to the department or to any board, agency, or commission in the department.
(b) It is the intent of the Legislature that inspectors used by boards, bureaus, or commissions in the department shall not be required to be employees of the Division of Investigation, but may either be employees of, or under contract to, the boards, bureaus, or commissions. Contracts for services shall be consistent with Article 4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of Division 5 of Title 2 of the Government Code. All civil service employees currently employed as inspectors whose functions are transferred as a result of this section shall retain their positions, status, and rights in accordance with Section 19994.10 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code).
(c) Nothing in this section limits the authority of, or prohibits, investigators in the Division of Investigation in the conduct of inspections or investigations of any licensee, or in the conduct of investigations of any officer or employee of a board or the department at the specific request of the director or his or her designee.
(Amended by Stats. 1985, Ch. 1382, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 156.

156. (a) The director may, for the department and at the request and with the consent of a board within the department on whose behalf the contract is to be made, enter into contracts pursuant to Chapter 3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code for and on behalf of any board within the department.
(b) In accordance with subdivision (a), the director may, in his or her discretion, negotiate and execute contracts for examination purposes, which include provisions that hold harmless a contractor where liability resulting from a contract between a board in the department and the contractor is traceable to the state or its officers, agents, or employees.
(c) The director shall report progress on release 3 entities’ transition to a new licensing technology platform to all the appropriate committees of the Legislature by December 31 of each year. Progress reports shall include updated plans and timelines for completing all of the following:
(1) Business process documentation.
(2) Cost benefit analyses of information technology options.
(3) Information technology system development and implementation.
(4) Any other relevant steps needed to meet the IT needs of release 3 entities.
(5) Any other information as the Legislature may request.
(Amended by Stats. 2017, Ch. 429, Sec. 2. (SB 547) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 156.1.

156.1. (a) Notwithstanding any other law, individuals or entities contracting with the department or any board within the department for the provision of services relating to the treatment and rehabilitation of licensees impaired by alcohol or dangerous drugs shall retain all records and documents pertaining to those services until such time as these records and documents have been reviewed for audit by the department. These records and documents shall be retained for three years from the date of the last treatment or service rendered to that licensee, after which time the records and documents may be purged and destroyed by the contract vendor. This provision shall supersede any other law relating to the purging or destruction of records pertaining to those treatment and rehabilitation programs.
(b) Unless otherwise expressly provided by statute or regulation, all records and documents pertaining to services for the treatment and rehabilitation of licensees impaired by alcohol or dangerous drugs provided by any contract vendor to the department or to any board within the department shall be kept confidential and are not subject to discovery or subpoena.
(c) With respect to all other contracts for services with the department, or any board within the department other than those set forth in subdivision (a), the director or chief deputy director may request an examination and audit by the department’s internal auditor of all performance under the contract. For this purpose, all documents and records of the contract vendor in connection with such performance shall be retained by the vendor for a period of three years after final payment under the contract. Nothing in this section shall affect the authority of the State Auditor to conduct any examination or audit under the terms of Section 8546.7 of the Government Code.
(Amended by Stats. 2019, Ch. 351, Sec. 42. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 156.5.

156.5. The director may negotiate and execute for the department and for its component agencies, rental agreements for short-term hiring of space and furnishings for examination or meeting purposes. The director may, in his or her discretion, negotiate and execute contracts for that space which include provisions which hold harmless the provider of the space where liability resulting from use of the space under the contract is traceable to the state or its officers, agents, or employees. Notwithstanding any other provision of law, the director may, in his or her discretion, advance payments as deposits to reserve and hold examination or meeting space. Any such agreement is subject to the approval of the legal office of the Department of General Services.
(Amended by Stats. 1988, Ch. 1448, Sec. 1.5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 158.

158. With the approval of the Director of Consumer Affairs, the boards and commissions comprising the department or subject to its jurisdiction may make refunds to applicants who are found ineligible to take the examinations or whose credentials are insufficient to entitle them to certificates or licenses.
Notwithstanding any other law, any application fees, license fees, or penalties imposed and collected illegally, by mistake, inadvertence, or error shall be refunded. Claims authorized by the department shall be filed with the State Controller, and the Controller shall draw a warrant against the fund of the agency in payment of the refund.
(Amended by Stats. 2019, Ch. 351, Sec. 43. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 159.

159. The members and the executive officer of each board, agency, bureau, division, or commission have power to administer oaths and affirmations in the performance of any business of the board, and to certify to official acts.
(Added by Stats. 1947, Ch. 1350.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 159.5.

159.5. (a) (1) There is in the department the Division of Investigation. The division is in the charge of a person with the title of chief of the division.
(2) Except as provided in Section 160, investigators who have the authority of peace officers, as specified in subdivision (a) of Section 160 and in subdivision (a) of Section 830.3 of the Penal Code, shall be in the division and shall be appointed by the director.
(b) (1) There is in the Division of Investigation the Health Quality Investigation Unit. The primary responsibility of the unit is to investigate violations of law or regulation within the jurisdiction of the Medical Board of California, the Podiatric Medical Board of California, the Board of Psychology, the Osteopathic Medical Board of California, the Physician Assistant Board, or any entities under the jurisdiction of the Medical Board of California.
(2) The Medical Board of California shall not be charged an hourly rate for the performance of investigations by the unit.
(Amended by Stats. 2019, Ch. 351, Sec. 44. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 160.

160. (a) The chief and all investigators of the Division of Investigation of the department and all investigators of the Dental Board of California have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them or the division in investigating the laws administered by the various boards comprising the department or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section.
(b) The Division of Investigation of the department and the Dental Board of California may employ individuals, who are not peace officers, to provide investigative services.
(c) This section shall become operative on July 1, 2014.
(Repealed (in Sec. 2) and added by Stats. 2013, Ch. 515, Sec. 3. (SB 304) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 160.5.

160.5. (a) All civil service employees currently employed by the Board of Dental Examiners of the Department of Consumer Affairs, whose functions are transferred as a result of the act adding this section shall retain their positions, status, and rights pursuant to Section 19050.9 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The transfer of employees as a result of the act adding this section shall occur no later than July 1, 1999.
(b) (1) All civil service employees currently employed by the Medical Board of California of the Department of Consumer Affairs, whose functions are transferred as a result of the act adding this subdivision shall retain their positions, status, and rights pursuant to Section 19050.9 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The transfer of employees as a result of the act adding this subdivision shall occur no later than July 1, 2014.
(2) The transfer of employees pursuant to this subdivision shall include all peace officer and medical consultant positions and all staff support positions for those peace officer and medical consultant positions.
(Amended by Stats. 2013, Ch. 515, Sec. 4. (SB 304) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 161.

161. The department, or any board in the department, may, in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), make available to the public copies of any part of its respective public records, or compilations, extracts, or summaries of information contained in its public records, at a charge sufficient to pay the actual cost thereof. That charge shall be determined by the director with the approval of the Department of General Services.
(Amended by Stats. 2021, Ch. 615, Sec. 3. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 162.

162. The certificate of the officer in charge of the records of any board in the department that any person was or was not on a specified date, or during a specified period of time, licensed, certified or registered under the provisions of law administered by the board, or that the license, certificate or registration of any person was revoked or under suspension, shall be admitted in any court as prima facie evidence of the facts therein recited.
(Added by Stats. 1949, Ch. 355.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 163.

163. Except as otherwise expressly provided by law, the department and each board in the department shall charge a fee of two dollars ($2) for the certification of a copy of any record, document, or paper in its custody or for the certification of any document evidencing the content of any such record, document or paper.
(Amended by Stats. 1963, Ch. 590.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 163.5.

163.5. Except as otherwise provided by law, the delinquency, penalty, or late fee for any licensee within the Department of Consumer Affairs shall be 50 percent of the renewal fee for such license in effect on the date of the renewal of the license, but not less than twenty-five dollars ($25) nor more than one hundred fifty dollars ($150).
A delinquency, penalty, or late fee shall not be assessed until 30 days have elapsed from the date that the licensing agency mailed a notice of renewal to the licensee at the licensee’s last known address of record. The notice shall specify the date for timely renewal, and that failure to renew in a timely fashion shall result in the assessment of a delinquency, penalty, or late fee.
In the event a reinstatement or like fee is charged for the reinstatement of a license, the reinstatement fee shall be 150 percent of the renewal fee for such license in effect on the date of the reinstatement of the license, but not more than twenty-five dollars ($25) in excess of the renewal fee, except that in the event that such a fee is fixed by statute at less than 150 percent of the renewal fee and less than the renewal fee plus twenty-five dollars ($25), the fee so fixed shall be charged.
(Amended by Stats. 1985, Ch. 587, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 164.

164. The form and content of any license, certificate, permit, or similar indicia of authority issued by any agency in the department, including any document evidencing renewal of a license, certificate, permit, or similar indicia of authority, shall be determined by the director after consultation with and consideration of the views of the agency concerned.
(Amended by Stats. 1987, Ch. 850, Sec. 6.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 165.

165. Notwithstanding any other provision of law, no board, bureau, committee, commission, or program in the Department of Consumer Affairs shall submit to the Legislature any fiscal impact analysis relating to legislation pending before the Legislature until the analysis has been submitted to the Director of Consumer Affairs, or his or her designee, for review and comment. The boards, bureaus, committees, commissions, and programs shall include the comments of the director when submitting any fiscal impact analysis to the Legislature. This section shall not be construed to prohibit boards, bureaus, committees, commissions, and programs from responding to direct requests for fiscal data from Members of the Legislature or their staffs. In those instances it shall be the responsibility of boards, bureaus, committees, commissions, and programs to also transmit that information to the director, or his or her designee, within five working days.
(Added by Stats. 1984, Ch. 268, Sec. 0.2. Effective June 30, 1984.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 166.

166. The director shall, by regulation, develop guidelines to prescribe components for mandatory continuing education programs administered by any board within the department.
(a) The guidelines shall be developed to ensure that mandatory continuing education is used as a means to create a more competent licensing population, thereby enhancing public protection. The guidelines shall require mandatory continuing education programs to address, at least, the following:
(1) Course validity.
(2) Occupational relevancy.
(3) Effective presentation.
(4) Actual attendance.
(5) Material assimilation.
(6) Potential for application.
(b) The director shall consider educational principles, and the guidelines shall prescribe mandatory continuing education program formats to include, but not be limited to, the following:
(1) The specified audience.
(2) Identification of what is to be learned.
(3) Clear goals and objectives.
(4) Relevant learning methods (participatory, hands-on, or clinical setting).
(5) Evaluation, focused on the learner and the assessment of the intended learning outcomes (goals and objectives).
(c) Any board within the department that, after January 1, 1993, proposes a mandatory continuing education program for its licensees shall submit the proposed program to the director for review to assure that the program contains all the elements set forth in this section and complies with the guidelines developed by the director.
(d) Any board administering a mandatory continuing education program that proposes to amend its current program shall do so in a manner consistent with this section.
(e) Any board currently administering a mandatory continuing education program shall review the components and requirements of the program to determine the extent to which they are consistent with the guidelines developed under this section. The board shall submit a report of their findings to the director. The report shall identify the similarities and differences of its mandatory continuing education program. The report shall include any board-specific needs to explain the variation from the director’s guidelines.
(f) Any board administering a mandatory continuing education program, when accepting hours for credit which are obtained out of state, shall ensure that the course for which credit is given is administered in accordance with the guidelines addressed in subdivision (a).
(g) Nothing in this section or in the guidelines adopted by the director shall be construed to repeal any requirements for continuing education programs set forth in any other provision of this code.
(Amended by Stats. 1994, Ch. 146, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 200.

200. Notwithstanding any other provisions of this code, any revenues, collections, or receipts accruing to any board in the department may, in the manner determined by the director and with the consent of the board concerned, be received and deposited by the department, and in such case shall be accounted for to the board and remitted by the department to the State Treasury in accordance with law for credit to the fund of such board. Notwithstanding Section 158 of this code, all refunds shall be made by the department with the consent of the board.
(Amended by Stats. 1959, Ch. 1426.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 200.1.

200.1. (a) Any accruals that occur on or after September 11, 1993, to any funds or accounts within the Professions and Vocations Fund that realize increased revenues to that fund or account as a result of legislation enacted on or after September 11, 1993, and that have not been transferred pursuant to Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993 on the effective date of the act that enacted this section, shall be exempt from the transfers contained in Sections 13.50, 13.60, and 13.70 of the Budget Act of 1993. These funds shall include, but not be limited to, all of the following:
(1) Athletic Commission Fund.
(2) Bureau of Home Furnishings and Thermal Insulation Fund.
(3) Contractors License Fund.
(4) Private Investigator Fund.
(5) Respiratory Care Fund.
(6) Vocational Nursing and Psychiatric Technicians Fund.
(b) Subdivision (a) shall not apply to the Contingent Fund of the Medical Board of California.
(Amended by Stats. 2020, Ch. 312, Sec. 6. (SB 1474) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 201.

201. (a) (1) A charge for the estimated administrative expenses of the department, not to exceed the available balance in any appropriation for any one fiscal year, may be levied in advance on a pro rata share basis against any of the boards, bureaus, commissions, divisions, and agencies, at the discretion of the director and with the approval of the Department of Finance.
(2) The department shall submit a report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature on or before July 1, 2015, and on or before July 1 of each subsequent year.
(b) The department shall conduct a one-time study of its current system for prorating administrative expenses to determine if that system is the most productive, efficient, and cost-effective manner for the department and the agencies comprising the department. The study shall include consideration of whether some of the administrative services offered by the department should be outsourced or charged on an as-needed basis and whether the agencies should be permitted to elect not to receive and be charged for certain administrative services. The department shall include the findings in its report pursuant to paragraph (2) of subdivision (a) that it is required to submit on or before July 1, 2015.
(Amended by Stats. 2014, Ch. 395, Sec. 4. (SB 1243) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 202.

202. (a) Upon proper presentation of claims by the department to the State Controller, the State Controller shall draw his or her warrant against any of the funds of any one of the boards to cover its share of the estimated administrative expenses of the department. The fund of one board shall not be used to pay the expenses of any other board.
(b) Nothing in this section or in Section 401 shall prohibit the transfer of funds for a release time bank of any board, commission, or bureau of the department pursuant to a memorandum of understanding on the same terms and conditions applicable to other state agencies.
(Amended by Stats. 1989, Ch. 1212, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 202.5.

202.5. Prior to payment to the Department of Justice of any charges for legal services rendered to any board within the department, the Department of Justice shall submit to the board an itemized statement of the services and charges. The itemized statement shall include detailed information regarding the services performed and the amount of time billed for each of those services.
(Added by Stats. 1994, Ch. 1273, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 203.

203. The amount of the warrant shall be remitted to the State Treasurer by the department for credit to the Consumer Affairs Fund. The department shall pay all of its necessary administrative expenses out of the Consumer Affairs Fund.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 204.

204. A sum, not to exceed 1 percent of the total amount appropriated for all of the boards herein mentioned may be withdrawn from the Consumer Affairs Fund without at the time furnishing vouchers and itemized statements. This sum shall be used as a revolving fund where cash advances are necessary, and at the close of each biennium, or at any other time, upon demand of the Department of Finance, shall be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the State Controller.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 205.

205. (a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1) Accountancy Fund.
(2) California Architects Board Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery and Funeral Fund.
(6) Contractors License Fund.
(7) State Dentistry Fund.
(8) Home Furnishings and Thermal Insulation Fund.
(9) California Architects Board-Landscape Architects Fund.
(10) Contingent Fund of the Medical Board of California.
(11) Optometry Fund.
(12) Pharmacy Board Contingent Fund.
(13) Physical Therapy Fund.
(14) Private Security Services Fund.
(15) Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
(16) Consumer Affairs Fund.
(17) Behavioral Sciences Fund.
(18) Licensed Midwifery Fund.
(19) Court Reporters’ Fund.
(20) Veterinary Medical Board Contingent Fund.
(21) Vocational Nursing and Psychiatric Technicians Fund.
(22) Electronic and Appliance Repair Fund.
(23) Acupuncture Fund.
(24) Physician Assistant Fund.
(25) Board of Podiatric Medicine Fund.
(26) Psychology Fund.
(27) Respiratory Care Fund.
(28) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(29) Board of Registered Nursing Fund.
(30) Animal Health Technician Examining Committee Fund.
(31) State Dental Hygiene Fund.
(32) Structural Pest Control Fund.
(33) Structural Pest Control Education and Enforcement Fund.
(34) Structural Pest Control Research Fund.
(35) Household Movers Fund.
(36) Household Goods and Services Fund.
(b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 508, Sec. 1. (SB 814) Effective January 1, 2024. Repealed as of July 1, 2026, by its own provisions. See later operative version added by Sec. 2 of Stats. 2023, Ch. 508.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 205.

205. (a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1) Accountancy Fund.
(2) California Architects Board Fund.
(3) Athletic Commission Fund.
(4) Barbering and Cosmetology Contingent Fund.
(5) Cemetery and Funeral Fund.
(6) Contractors License Fund.
(7) State Dentistry Fund.
(8) California Architects Board-Landscape Architects Fund.
(9) Contingent Fund of the Medical Board of California.
(10) Optometry Fund.
(11) Pharmacy Board Contingent Fund.
(12) Physical Therapy Fund.
(13) Private Security Services Fund.
(14) Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.
(15) Consumer Affairs Fund.
(16) Behavioral Sciences Fund.
(17) Licensed Midwifery Fund.
(18) Court Reporters’ Fund.
(19) Veterinary Medical Board Contingent Fund.
(20) Vocational Nursing and Psychiatric Technicians Fund.
(21) Acupuncture Fund.
(22) Physician Assistant Fund.
(23) Board of Podiatric Medicine Fund.
(24) Psychology Fund.
(25) Respiratory Care Fund.
(26) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(27) Board of Registered Nursing Fund.
(28) Animal Health Technician Examining Committee Fund.
(29) State Dental Hygiene Fund.
(30) Structural Pest Control Fund.
(31) Structural Pest Control Education and Enforcement Fund.
(32) Structural Pest Control Research Fund.
(33) Household Goods and Services Fund.
(b) For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c) This section shall become operative on July 1, 2026.
(Repealed (in Sec. 1) and added by Stats. 2023, Ch. 508, Sec. 2. (SB 814) Effective January 1, 2024. Operative July 1, 2026, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 205.1.

205.1. Notwithstanding subdivision (a) of Section 205, the Medical Cannabis Regulation and Safety Act Fund is a special fund within the Professions and Vocations Fund, and is subject to subdivision (b) of Section 205.
(Amended by Stats. 2016, Ch. 32, Sec. 4. (SB 837) Effective June 27, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 205.2.

205.2. Whenever any reference is made in any provision of this code to the “State Dental Assistant Fund,” it means the State Dentistry Fund. All moneys within the State Dental Assistant Fund shall be deposited into the State Dentistry Fund by July 1, 2022. On July 1, 2022, the State Dental Assistant Fund shall be abolished.
(Added by Stats. 2019, Ch. 865, Sec. 4. (AB 1519) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 205.3.

205.3. Whenever any reference is made in any provision of this code to the “Dispensing Opticians Fund,” it means the Optometry Fund. All moneys within the Dispensing Opticians Fund shall be deposited into the Optometry Fund by July 1, 2022. On July 1, 2022, the Dispensing Opticians Fund shall be abolished.
(Added by Stats. 2020, Ch. 121, Sec. 2. (AB 896) Effective September 24, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 206.

206. Notwithstanding any other provision of law, any person tendering a check for payment of a fee, fine, or penalty that was subsequently dishonored, shall not be granted a license, or other authority that they were seeking, until the applicant pays the amount outstanding from the dishonored payment together with the applicable fee, including any delinquency fee. The board may require the person whose check was returned unpaid to make payment of all fees by cashier’s check or money order.
(Added by Stats. 1994, Ch. 26, Sec. 12. Effective March 30, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 207.

207. (a) Notwithstanding any other provision of law, the money in any fund described in Section 205 that is attributable to administrative fines, civil penalties, and criminal penalties imposed by a regulating entity, or cost recovery by a regulating entity from enforcement actions and case settlements, shall not be continuously appropriated. The money in each fund that is not continuously appropriated shall be available for expenditure as provided in this code only upon appropriation by the Legislature.
(b) Notwithstanding any other provision of law, the annual Budget Act may appropriate, in a single budget item for each individual fund described in subdivision (a) of Section 205, the entire amount available for expenditure in the budget year for that fund. That appropriation may include funds that are continuously appropriated and funds that are not continuously appropriated.
(Amended by Stats. 2015, Ch. 428, Sec. 3. (AB 177) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 209.

209. The Department of Justice, in conjunction with the Department of Consumer Affairs and the boards and committees identified in subdivision (d) of Section 208, shall do all of the following:
(a) Identify and implement a streamlined application and approval process to provide access to the CURES Prescription Drug Monitoring Program (PDMP) database for licensed health care practitioners eligible to prescribe, order, administer, furnish, or dispense Schedule II, Schedule III, or Schedule IV controlled substances and for pharmacists. Every reasonable effort shall be made to implement a streamlined application and approval process that a licensed health care practitioner or pharmacist can complete at the time that they are applying for licensure or renewing their license.
(b) Identify necessary procedures to enable licensed health care practitioners and pharmacists with access to the CURES PDMP to delegate their authority to access reports from the CURES PDMP.
(c) Develop a procedure to enable health care practitioners who do not have a federal Drug Enforcement Administration (DEA) number to opt out of applying for access to the CURES PDMP.
(Amended by Stats. 2019, Ch. 677, Sec. 2. (AB 528) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 3 - Funds of the Department › Section 211.

211. If the department hires a third-party consultant to assess the department’s operations, the department shall, promptly upon receipt of the consultant’s final report on that assessment, submit that report to the appropriate policy committees of the Legislature after omitting any information that is not subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 4. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 1 - General Provisions and Definitions › Section 301.

301. It is the intent of the Legislature and the purpose of this chapter to promote and protect the interests of the people as consumers. The Legislature finds that vigorous representation and protection of consumer interests are essential to the fair and efficient functioning of a free enterprise market economy. The Legislature declares that government advances the interests of consumers by facilitating the proper functioning of the free enterprise market economy through (a) educating and informing the consumer to insure rational consumer choice in the marketplace; (b) protecting the consumer from the sale of goods and services through the use of deceptive methods, acts, or practices which are inimical to the general welfare of consumers; (c) fostering competition; and (d) promoting effective representation of consumers’ interests in all branches and levels of government.
(Amended by Stats. 1975, Ch. 1262.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 1 - General Provisions and Definitions › Section 302.

302. As used in this chapter, the following terms have the following meanings:
(a) “Department” means the Department of Consumer Affairs.
(b) “Director” means the Director of the Department of Consumer Affairs.
(c) “Consumer” means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes.
(d) “Person” means an individual, partnership, corporation, limited liability company, association, or other group, however organized.
(e) “Individual” does not include a partnership, corporation, association, or other group, however organized.
(f) “Division” means the Division of Consumer Services.
(g) “Interests of consumers” is limited to the cost, quality, purity, safety, durability, performance, effectiveness, dependability, availability, and adequacy of choice of goods and services offered or furnished to consumers and the adequacy and accuracy of information relating to consumer goods, services, money, or credit (including labeling, packaging, and advertising of contents, qualities, and terms of sales).
(Amended by Stats. 1994, Ch. 1010, Sec. 2. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 2 - Director and Employees › Section 305.

305. The director shall administer and enforce the provisions of this chapter. Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy or assistant director or the chief of the department’s Division of Consumer Services, subject to such conditions and limitations as the director may prescribe.
(Amended by Stats. 1971, Ch. 114.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 2 - Director and Employees › Section 306.

306. The director, in accordance with the State Civil Service Act, may appoint and fix the compensation of such clerical or other personnel as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the director.
(Added by Stats. 1970, Ch. 1394.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 2 - Director and Employees › Section 307.

307. The director may contract for the services of experts and consultants where necessary to carry out the provisions of this chapter and may provide compensation and reimbursement of expenses for such experts and consultants in accordance with state law.
(Added by Stats. 1975, Ch. 1262.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 2 - Director and Employees › Section 308.

308. The director shall notify the appropriate policy committees of the Legislature within 60 days after the position of chief or executive officer of any bureau or board within the department becomes vacant pursuant to Section 1770 of the Government Code.
(Added by Stats. 2021, Ch. 376, Sec. 1. (AB 830) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 310.

310. The director shall have the following powers and it shall be his duty to:
(a) Recommend and propose the enactment of such legislation as necessary to protect and promote the interests of consumers.
(b) Represent the consumer’s interests before federal and state legislative hearings and executive commissions.
(c) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of consumers.
(d) Study, investigate, research, and analyze matters affecting the interests of consumers.
(e) Hold public hearings, subpoena witnesses, take testimony, compel the production of books, papers, documents, and other evidence, and call upon other state agencies for information.
(f) Propose and assist in the creation and development of consumer education programs.
(g) Promote ethical standards of conduct for business and consumers and undertake activities to encourage public responsibility in the production, promotion, sale and lease of consumer goods and services.
(h) Advise the Governor and Legislature on all matters affecting the interests of consumers.
(i) Exercise and perform such other functions, powers and duties as may be deemed appropriate to protect and promote the interests of consumers as directed by the Governor or the Legislature.
(j) Maintain contact and liaison with consumer groups in California and nationally.
(Amended by Stats. 1975, Ch. 1262.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 311.

311. The director may create an interdepartmental committee to assist and advise him in the implementation of his duties. The members of such committee shall consist of the heads of state departments, or their designees. Members of such committee shall serve without compensation but shall be reimbursed for the expenses actually and necessarily incurred by them in the performance of their duties.
(Added by Stats. 1970, Ch. 1394.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 312.

312. (a) The director shall submit to the Governor and the Legislature on or before January 1, 2003, and annually thereafter, a report of programmatic and statistical information regarding the activities of the department and its constituent entities for the previous fiscal year. The report shall include information concerning the director’s activities pursuant to Section 326, including the number and general patterns of consumer complaints and the action taken on those complaints.
(b) The report shall include information relative to the performance of each constituent entity, including, but not limited to, length of time for a constituent entity to reach each of the following milestones in the enforcement process:
(1) Average number of days from when a constituent entity receives a complaint until the constituent entity assigns an investigator to the complaint.
(2) Average number of days from a constituent entity opening an investigation conducted by the constituent entity staff or the Division of Investigation to closing the investigation regardless of outcome.
(3) Average number of days from a constituent entity closing an investigation to imposing formal discipline.
(c) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Amended by Stats. 2014, Ch. 395, Sec. 6. (SB 1243) Effective January 1, 2015.)