reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 312.1.

312.1. The Office of Administrative Hearings shall submit a report to the department, the Governor, and the Legislature on or before January 1, 2016, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year:
(a) Number of cases referred by each constituent entity to each office of the Office of Administrative Hearings for a hearing.
(b) Average number of days from receiving a request to setting a hearing date at each office of the Office of Administrative Hearings.
(c) Average number of days from setting a hearing to conducting the hearing.
(d) Average number of days after conducting a hearing to transmitting the proposed decision by each office of the Office of Administrative Hearings.
(Added by Stats. 2014, Ch. 395, Sec. 7. (SB 1243) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 312.2.

312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:
(1) The number of accusation matters referred to the Attorney General.
(2) The number of accusation matters rejected for filing by the Attorney General.
(3) The number of accusation matters for which further investigation was requested by the Attorney General.
(4) The number of accusation matters for which further investigation was received by the Attorney General.
(5) The number of accusations filed by each constituent entity.
(6) The number of accusations a constituent entity withdraws.
(7) The number of accusation matters adjudicated by the Attorney General.
(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:
(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.
(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.
(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.
(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.
(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.
(6) The average number of days from the Attorney General’s receipt of a hearing date from the Office of Administrative Hearings to the commencement of a hearing.
(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(Added by Stats. 2015, Ch. 656, Sec. 1. (SB 467) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 313.

313. The director shall provide for the establishment of a comprehensive library of books, documents, studies, and other materials relating to consumers and consumer problems.
(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 313.2.

313.2. The director shall adopt regulations to implement, interpret, and make specific the provisions of the Americans with Disabilities Act (P.L. 101-336), as they relate to the examination process for professional licensing and certification programs under the purview of the department.
(Added by Stats. 1992, Ch. 1289, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3 - Powers and Duties › Section 313.5.

313.5. The director shall periodically publish a bibliography of consumer information available in the department library and elsewhere. Such bibliography shall be sent to subscribers upon payment of a reasonable fee therefor.
(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 314.

314. (a) The department or board shall not approve an accrediting entity that prohibits earn and learn programs for training in a profession licensed or certified by the board. A board shall use licensing or certification standards that authorize the use of earn and learn training.
(b) Notwithstanding subdivision (a), the department and its boards shall not be required to establish a mandate specifying an accrediting entity must provide earn and learn programs for training in a profession licensed or certified by a board.
(c) As used in this section,“earn and learn” has the same meaning as defined in subdivision (q) of Section 14005 of the Unemployment Insurance Code.
(d) This section shall become operative on January 1, 2024.
(Added by Stats. 2021, Ch. 477, Sec. 2. (AB 1273) Effective January 1, 2022. Operative January 1, 2024, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3.6 - Uniform Standards Regarding Substance-Abusing Healing Arts Licensees › Section 315.2.

315.2. (a) A board, as described in Section 315, shall order a licensee of the board to cease practice if the licensee tests positive for any substance that is prohibited under the terms of the licensee’s probation or diversion program.
(b) An order to cease practice under this section shall not be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) A cease practice order under this section shall not constitute disciplinary action.
(d) This section shall have no effect on the Board of Registered Nursing pursuant to Article 3.1 (commencing with Section 2770) of Chapter 6 of Division 2.
(Added by Stats. 2010, Ch. 517, Sec. 2. (SB 1172) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 3.6 - Uniform Standards Regarding Substance-Abusing Healing Arts Licensees › Section 315.4.

315.4. (a) A board, as described in Section 315, may adopt regulations authorizing the board to order a licensee on probation or in a diversion program to cease practice for major violations and when the board orders a licensee to undergo a clinical diagnostic evaluation pursuant to the uniform and specific standards adopted and authorized under Section 315.
(b) An order to cease practice under this section shall not be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) A cease practice order under this section shall not constitute disciplinary action.
(d) This section shall have no effect on the Board of Registered Nursing pursuant to Article 3.1 (commencing with Section 2770) of Chapter 6 of Division 2.
(Added by Stats. 2010, Ch. 517, Sec. 3. (SB 1172) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 4 - Representation of Consumers › Section 320.

320. Whenever there is pending before any state commission, regulatory agency, department, or other state agency, or any state or federal court or agency, any matter or proceeding which the director finds may affect substantially the interests of consumers within California, the director, or the Attorney General, may intervene in such matter or proceeding in any appropriate manner to represent the interests of consumers. The director, or any officer or employee designated by the director for that purpose, or the Attorney General, may thereafter present to such agency, court, or department, in conformity with the rules of practice and procedure thereof, such evidence and argument as he shall determine to be necessary, for the effective protection of the interests of consumers.
(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 4 - Representation of Consumers › Section 321.

321. Whenever it appears to the director that the interests of the consumers of this state are being damaged, or may be damaged, by any person who engaged in, or intends to engage in, any acts or practices in violation of any law of this state, or any federal law, the director or any officer or employee designated by the director, or the Attorney General, may commence legal proceedings in the appropriate forum to enjoin such acts or practices and may seek other appropriate relief on behalf of such consumers.
(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 5 - Consumer Complaints › Section 325.

325. It shall be the duty of the director to receive complaints from consumers concerning (a) unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce; (b) the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare; (c) violations of provisions of this code relating to businesses and professions licensed by any agency of the department, and regulations promulgated pursuant thereto; (d) student concerns related to the Bureau for Private Postsecondary Education’s performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Education’s handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code; and (e) other matters consistent with the purposes of this chapter, whenever appropriate.
(Amended by Stats. 2016, Ch. 593, Sec. 1. (SB 1192) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 5 - Consumer Complaints › Section 325.3.

325.3. In addition to the duties prescribed by Section 325, it shall be the duty of the director to receive complaints from consumers concerning services provided by the entities described in paragraph (2) of subdivision (b) of Section 234 of the Public Utilities Code.
(Added by Stats. 1995, Ch. 357, Sec. 1. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 5 - Consumer Complaints › Section 326.

326. (a) Upon receipt of any complaint pursuant to Section 325, the director may notify the person against whom the complaint is made of the nature of the complaint and may request appropriate relief for the consumer.
(b) The director shall also transmit any valid complaint to the local, state or federal agency whose authority provides the most effective means to secure the relief.
The director shall, if appropriate, advise the consumer of the action taken on the complaint and of any other means which may be available to the consumer to secure relief.
(c) If the director receives a complaint or receives information from any source indicating a probable violation of any law, rule, or order of any regulatory agency of the state, or if a pattern of complaints from consumers develops, the director shall transmit any complaint he or she considers to be valid to any appropriate law enforcement or regulatory agency and any evidence or information he or she may have concerning the probable violation or pattern of complaints or request the Attorney General to undertake appropriate legal action. It shall be the continuing duty of the director to discern patterns of complaints and to ascertain the nature and extent of action taken with respect to the probable violations or pattern of complaints.
(Amended by Stats. 1989, Ch. 1360, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 5 - Consumer Complaints › Section 328.

328. (a) In order to implement the Consumer Protection Enforcement Initiative of 2010, the director, through the Division of Investigation, shall implement “Complaint Prioritization Guidelines” for boards to utilize in prioritizing their respective complaint and investigative workloads. The guidelines shall be used to determine the referral of complaints to the division and those that are retained by the health care boards for investigation.
(b) Neither the Medical Board of California nor the Podiatric Medical Board of California shall be required to utilize the guidelines implemented pursuant to subdivision (a).
(c) On or before July 1, 2019, the director shall amend the guidelines implemented pursuant to subdivision (a) to include the category of “allegations of serious harm to a minor” under the “urgent” or “highest priority” level.
(Amended by Stats. 2019, Ch. 351, Sec. 47. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 4 - Consumer Affairs › ARTICLE 6 - Information › Section 337.

337. (a) The Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California shall prepare and disseminate an informational brochure for victims of psychotherapist-client sexual behavior and sexual contact and their advocates. This brochure shall be developed by the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California.
(b) The brochure shall include, but is not limited to, the following:
(1) A legal and an informal definition of psychotherapist-client sexual behavior and sexual contact.
(2) A brief description of common personal reactions.
(3) A client’s bill of rights.
(4) Instructions for reporting psychotherapist-client sexual behavior and sexual contact.
(5) A full description of administrative complaint procedures.
(6) Information that other civil and criminal remedies may also be available to them in regards to the incident.
(7) A description of services available for support of victims.
(c) The brochure shall be provided to each individual contacting the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, or the Osteopathic Medical Board of California regarding a complaint involving psychotherapist-client sexual behavior and sexual contact.
(d) The brochure shall be made available on the Internet Web sites of the Board of Behavioral Sciences, the Board of Psychology, the Medical Board of California, and the Osteopathic Medical Board of California.
(Amended by Stats. 2018, Ch. 778, Sec. 1. (AB 2968) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 5 - Buildings of the Department › Section 400.

400. The Department of Consumer Affairs may, with the approval of the Department of General Services, purchase or otherwise acquire real property and may construct and equip buildings and make improvements thereon for its use and the use of the boards and commissions comprising the department or subject to its jurisdiction and for the use of other departments, boards and agencies of the state, irrespective of the funds from which appropriations are made for their support.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 5 - Buildings of the Department › Section 401.

401. When there is money in the fund of any board or commission comprising the Department of Consumer Affairs or subject to its jurisdiction, which money, the Director of Consumer Affairs finds, is not required to meet any demand which has accrued or may accrue against the fund, the Controller, upon executive order of the Director of Finance, shall transfer the sum designated by the Director of Consumer Affairs from the fund of the board or commission to the Consumer Affairs Fund to be used for the purposes of this chapter.
No money may be taken from the fund of any board or commission when it will interfere with the administrative duties imposed upon the board or commission. The unencumbered, unexpended money in the fund of any board in division number one of the department shall never be reduced to less than twenty-five thousand dollars ($25,000) by any transfer ordered by the Director of Consumer Affairs under this chapter.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 5 - Buildings of the Department › Section 402.

402. The Department of Finance, from funds at its disposal for office and housing facilities for any other department, board, or agency, and any other department, board or agency, supported in whole or in part from the General Fund or special funds, may transfer in the manner authorized by law any money appropriated or made available for their use or investment to the Consumer Affairs Fund for expenditure by the Department of Consumer Affairs for the purposes of this chapter.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 5 - Buildings of the Department › Section 403.

403. Any building constructed by the Department of Consumer Affairs under this chapter shall be subject to the supervision of the Department of Consumer Affairs in accordance with rules and regulations established by the Department of Consumer Affairs and the Department of General Services.
The Department of Consumer Affairs may, with the approval of the Department of General Services, rent the space therein to any other department and to any board or agency for such rentals and upon such terms and conditions as the Department of Consumer Affairs deems fit.
The costs of operation, maintenance, repairs, and other reasonable and necessary expenses shall be paid from rentals. Thereafter, from such net rentals there shall be returned to the General Fund of the state and to such other funds from which contributions were made to the cost of the facilities, amounts commensurate with the financial requirements of the various funds from which contributions were made; the returnable amounts to be determined by the Department of Consumer Affairs, with the approval of the Department of General Services, and not to exceed the amount of the original contributions from the respective funds; provided, however, that interest may be paid on the contributions in the manner and amount determined by the Department of Consumer Affairs with the approval of the Director of General Services.
(Amended by Stats. 1971, Ch. 716.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 450.

450. In addition to the qualifications provided in the respective chapters of this code, a public member or a lay member of any board shall not be, nor shall they have been within the period of five years immediately preceding their appointment, any of the following:
(a) An employer, or an officer, director, or substantially full-time representative of an employer or group of employers, of any licensee of a board, except that this subdivision shall not preclude the appointment of a person who maintains infrequent employer status with a licensee, or maintains a client, patient, or customer relationship with a licensee that does not constitute more than 2 percent of the practice or business of the licensee.
(b) A person maintaining a contractual relationship with a licensee of a board that would constitute more than 2 percent of the practice or business of the licensee, or an officer, director, or substantially full-time representative of that person or group of persons.
(c) An employee of a licensee of a board, or a representative of the employee, except that this subdivision shall not preclude the appointment of a person who maintains an infrequent employee relationship or renders professional or related services to a licensee if the employment or service does not constitute more than 2 percent of the employment or practice of the member of the board.
(Amended by Stats. 2019, Ch. 351, Sec. 48. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 450.2.

450.2. In order to avoid a potential for a conflict of interest, a public member of a board shall not:
(a) Be a current or past licensee of that board.
(b) Be a close family member of a licensee of that board.
(Added by Stats. 2002, Ch. 1150, Sec. 1.2. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 450.3.

450.3. No public member shall either at the time of their appointment or during their tenure in office have any financial interest in any organization subject to regulation by the board, commission, or committee of which they are a member.
(Amended by Stats. 2019, Ch. 351, Sec. 49. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 450.5.

450.5. A public member, or a lay member, at any time within five years immediately preceding his or her appointment, shall not have been engaged in pursuits which lie within the field of the industry or profession, or have provided representation to the industry or profession, regulated by the board of which he or she is a member, nor shall he or she engage in those pursuits or provide that representation during his or her term of office.
(Amended by Stats. 2003, Ch. 563, Sec. 2. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 450.6.

450.6. Notwithstanding any other section of law, a public member may be appointed without regard to age so long as the public member has reached the age of majority prior to appointment.
(Added by Stats. 1976, Ch. 1188.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 451.

451. If any board shall as a part of its functions delegate any duty or responsibility to be performed by a single member of such board, such delegation shall not be made solely to any public member or any lay member of the board in any of the following instances:
(a) The actual preparation of, the administration of, and the grading of, examinations.
(b) The inspection or investigation of licentiates, the manner or method of practice or doing business, or their place of practice or business.
Nothing in this section shall be construed as precluding a public member or a lay member from participating in the formation of policy relating to the scope of the activities set forth in subdivisions (a) and (b) or in the approval, disapproval or modification of the action of its individual members, nor preclude such member from participating as a member of a subcommittee consisting of more than one member of the board in the performance of any duty.
(Added by Stats. 1961, Ch. 2232.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 6 - Public Members › Section 453.

453. Every newly appointed board member shall, within one year of assuming office, complete a training and orientation program offered by the department regarding, among other things, his or her functions, responsibilities, and obligations as a member of a board. The department shall adopt regulations necessary to establish this training and orientation program and its content.
(Added by Stats. 2002, Ch. 1150, Sec. 1.4. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 7 - Licensee › Section 460.

460. (a) No city, county, or city and county shall prohibit a person or group of persons, authorized by one of the agencies in the Department of Consumer Affairs or an entity established pursuant to this code by a license, certificate, or other means to engage in a particular business, from engaging in that business, occupation, or profession or any portion of that business, occupation, or profession.
(b) (1) No city, county, or city and county shall prohibit a healing arts professional licensed with the state under Division 2 (commencing with Section 500) or licensed or certified by an entity established pursuant to this code from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee.
(2) This subdivision shall not be construed to prohibit the enforcement of a local ordinance in effect prior to January 1, 2010, related to any act or procedure that falls within the professionally recognized scope of practice of a healing arts professional licensed under Division 2 (commencing with Section 500).
(c) This section shall not be construed to prevent a city, county, or city and county from adopting or enforcing any local ordinance governing zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a healing arts professional licensed under Division 2 (commencing with Section 500) or licensed or certified by an entity established under this code or a person or group of persons described in subdivision (a).
(d) Nothing in this section shall prohibit any city, county, or city and county from levying a business license tax solely for revenue purposes, nor any city or county from levying a license tax solely for the purpose of covering the cost of regulation.
(Amended by Stats. 2014, Ch. 406, Sec. 1. (AB 1147) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 7 - Licensee › Section 461.

461. No public agency, state or local, shall, on an initial application form for any license, certificate or registration, ask for or require the applicant to reveal a record of arrest that did not result in a conviction or a plea of nolo contendere. A violation of this section is a misdemeanor.
This section shall apply in the case of any license, certificate or registration provided for by any law of this state or local government, including, but not limited to, this code, the Corporations Code, the Education Code, and the Insurance Code.
(Added by Stats. 1975, Ch. 883.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 7 - Licensee › Section 462.

462. (a) Any of the boards, bureaus, commissions, or programs within the department may establish, by regulation, a system for an inactive category of licensure for persons who are not actively engaged in the practice of their profession or vocation.
(b) The regulation shall contain the following provisions:
(1) The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required.
(2) An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license need not comply with any continuing education requirement for renewal of an active license.
(3) The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board.
(4) In order for the holder of an inactive license issued pursuant to this section to restore his or her license to an active status, the holder of an inactive license shall comply with all the following:
(A) Pay the renewal fee.
(B) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.
(c) This section shall not apply to any healing arts board as specified in Section 701.
(Added by Stats. 1994, Ch. 26, Sec. 14. Effective March 30, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 7 - Licensee › Section 464.

464. (a) Any of the boards within the department may establish, by regulation, a system for a retired category of licensure for persons who are not actively engaged in the practice of their profession or vocation.
(b) The regulation shall contain the following:
(1) A retired license shall be issued to a person with either an active license or an inactive license that was not placed on inactive status for disciplinary reasons.
(2) The holder of a retired license issued pursuant to this section shall not engage in any activity for which a license is required, unless the board, by regulation, specifies the criteria for a retired licensee to practice his or her profession or vocation.
(3) The holder of a retired license shall not be required to renew that license.
(4) The board shall establish an appropriate application fee for a retired license to cover the reasonable regulatory cost of issuing a retired license.
(5) In order for the holder of a retired license issued pursuant to this section to restore his or her license to an active status, the holder of that license shall meet all the following:
(A) Pay a fee established by statute or regulation.
(B) Certify, in a manner satisfactory to the board, that he or she has not committed an act or crime constituting grounds for denial of licensure.
(C) Comply with the fingerprint submission requirements established by regulation.
(D) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.
(E) Complete any other requirements as specified by the board by regulation.
(c) A board may upon its own determination, and shall upon receipt of a complaint from any person, investigate the actions of any licensee, including a person with a license that either restricts or prohibits the practice of that person in his or her profession or vocation, including, but not limited to, a license that is retired, inactive, canceled, revoked, or suspended.
(d) Subdivisions (a) and (b) shall not apply to a board that has other statutory authority to establish a retired license.
(Added by Stats. 2016, Ch. 473, Sec. 1. (AB 2859) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 1 - Legislative Purpose › Section 465.

465. The Legislature hereby finds and declares all of the following:
(a) The resolution of many disputes can be unnecessarily costly, time-consuming, and complex when achieved through formal court proceedings where the parties are adversaries and are subjected to formalized procedures.
(b) To achieve more effective and efficient dispute resolution in a complex society, greater use of alternatives to the courts, such as mediation, conciliation, and arbitration should be encouraged. Community dispute resolution programs and increased use of other alternatives to the formal judicial system may offer less threatening and more flexible forums for persons of all ethnic, racial, and socioeconomic backgrounds. These alternatives, among other things, can assist in the resolution of disputes between neighbors, some domestic disputes, consumer-merchant disputes, and other kinds of disputes in which the parties have continuing relationships. A noncoercive dispute resolution forum in the community may also provide a valuable prevention and early intervention problem-solving resource to the community.
(c) Local resources, including volunteers reflective of the diversity of the community and available public buildings should be utilized to achieve more accessible, cost-effective resolutions of disputes. Additional financial resources are needed to expand, stabilize, and improve existing programs and entities which sponsor alternative dispute resolution.
(d) Courts, prosecuting authorities, law enforcement agencies, and administrative agencies should encourage greater use of alternative dispute resolution techniques whenever the administration of justice will be improved.
(e) Counties should consider increasing the use of alternative dispute resolution in their operations as plans for court reform are developed and implemented.
(f) The Judicial Council should consider, in redrafting or updating any of the official pleading forms used in the trial courts of this state, the inclusion of information on options for alternative dispute resolution.
(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 1 - Legislative Purpose › Section 465.5.

465.5. It is the intent of the Legislature to permit counties to accomplish all of the following:
(a) Encouragement and support of the development and use of alternative dispute resolution techniques.
(b) Encouragement and support of community participation in the development, administration, and oversight of local programs designed to facilitate the informal resolution of disputes among members of the community.
(c) Development of structures for dispute resolution that may serve as models for resolution programs in other communities.
(d) Education of communities with regard to the availability and benefits of alternative dispute resolution techniques.
(e) Encouragement of courts, prosecuting authorities, public defenders, law enforcement agencies, and administrative agencies to work in cooperation with, and to make referrals to, dispute resolution programs.
At the time that the state assumes the responsibility for the funding of California trial courts, consideration shall be given to the Dispute Resolution Advisory Council’s evaluation of the effectiveness of alternative dispute resolution programs and the feasibility of the operation of a statewide program of grants, with the intention of funding alternative dispute resolution programs on a statewide basis.
(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 2 - Definitions › Section 466.

466. As used in this chapter:
(a) “Dispute resolution” includes, but is not limited to, mediation, conciliation, and arbitration.
(b) “Program” means an entity that provides dispute resolution.
(c) “Advisory Council” means the Dispute Resolution Advisory Council.
(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 3 - Establishment and Administration of Programs › Section 467.

467. (a) There is in the Division of Consumer Services of the Department of Consumer Affairs a Dispute Resolution Advisory Council. The advisory council shall complete the duties required by this chapter no later than January 1, 1989.
(b) The advisory council shall consist of seven persons, five of whom shall be appointed by the Governor. One member shall be appointed by the Senate Rules Committee, and one member shall be appointed by the Speaker of the Assembly. At least four of the persons appointed to the advisory council shall be active members of the State Bar of California, and at least four persons appointed to the advisory council shall have a minimum of two years of direct experience in utilizing dispute resolution techniques. The members of the advisory council shall reflect the racial, ethnic, sexual, and geographic diversity of the State of California.
(c) The members of the advisory council shall not receive a salary for their services but shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties.
(Amended by Stats. 1987, Ch. 28, Sec. 1. Effective May 28, 1987.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 3 - Establishment and Administration of Programs › Section 467.1.

467.1. (a) A program funded pursuant to this chapter shall be operated pursuant to contract with the county and shall comply with all of the requirements of this chapter and the rules and regulations of the advisory council.
(b) Counties may establish a program of grants to public entities and nonpartisan nonprofit corporations for the establishment and continuance of programs to be operated under the requirements of this chapter and the standards developed by the advisory council. The board of supervisors of a county in which, because of the county’s size, the distribution authorized by Section 470.5 is insufficient to establish a county program may enter into an agreement with the board of supervisors of one or more other such counties to establish a program authorized by this chapter on a regional basis.
(Amended by Stats. 2005, Ch. 75, Sec. 2. 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 3 - Establishment and Administration of Programs › Section 467.2.

467.2. A program shall not be eligible for funding under this chapter unless it meets all of the following requirements:
(a) Compliance with this chapter and the applicable rules and regulations of the advisory council.
(b) Provision of neutral persons adequately trained in conflict resolution techniques as required by the rules and regulations promulgated by the advisory council pursuant to Section 471.
(c) Provision of dispute resolution, on a sliding scale basis, and without cost to indigents.
(d) Provision that, upon consent of the parties, a written agreement or an award resolving a dispute will be issued setting out a settlement of the issues involved in the dispute and the future responsibilities of each party.
(e) Provision of neutral procedures applicable equally to all participants without any special benefit or consideration given to persons or entities providing funding for the programs.
(f) Provision that participation in the program is voluntary and that the parties are not coerced to enter dispute resolution.
(g) Provision of alternative dispute resolution is the primary purpose of the program.
(h) Programs operated by counties that receive funding under this chapter shall be operated primarily for the purposes of dispute resolution, consistent with 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 3 - Establishment and Administration of Programs › Section 467.3.

467.3. Programs funded pursuant to this chapter shall provide persons indicating an intention to utilize the dispute resolution process with a written statement prior to the dispute resolution proceeding, in language easy to read and understand, stating all of the following:
(a) The nature of the dispute.
(b) The nature of the dispute resolution process.
(c) The rights and obligations of the parties, including, but not limited to, all of the following:
(1) The right to call and examine witnesses.
(2) The right of the parties to be accompanied by counsel, who may participate as permitted under the rules and procedures of the program.
(d) The procedures under which the dispute resolution will be conducted.
(e) If the parties enter into arbitration, whether the dispute resolution process will be binding.
(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 3 - Establishment and Administration of Programs › Section 467.4.

467.4. (a) An agreement resolving a dispute entered into with the assistance of a program shall not be enforceable in a court nor shall it be admissible as evidence in any judicial or administrative proceeding, unless the consent of the parties or the agreement includes a provision that clearly states the intention of the parties that the agreement or any resulting award shall be so enforceable or admissible as evidence.
(b) The parties may agree in writing to toll the applicable statute of limitations during the pendency of the dispute resolution process.
(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 3 - Establishment and Administration of Programs › Section 467.5.

467.5. Notwithstanding the express application of Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code to mediations, all proceedings conducted by a program funded pursuant to this chapter, including, but not limited to, arbitrations and conciliations, are subject to Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code.
(Amended by Stats. 1997, Ch. 772, Sec. 1. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 8 - Dispute Resolution Programs › ARTICLE 3 - Establishment and Administration of Programs › Section 467.6.

467.6. Each program shall maintain those statistical records required by Section 471.5, and as may be required by the county. The records shall maintain the confidentiality and anonymity of the parties.
(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 3 - Establishment and Administration of Programs › Section 467.7.

467.7. (a) Unless the parties have agreed to a binding award, nothing in this chapter shall be construed to prohibit any person who voluntarily enters the dispute resolution process from revoking his or her consent, withdrawing from dispute resolution, and seeking judicial or administrative redress.
(b) In cases in which a criminal complaint has been filed by a prosecutor, other than for an infraction, the advice of counsel shall be obtained before any dispute resolution process is initiated. Nothing in this subdivision shall be construed to preclude a defendant from knowingly and voluntarily waiving the right to counsel. A defendant who indicates a desire to waive the right to counsel shall be encouraged to consult with the public defender or private counsel before waiving that right.
(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 4 - Application Procedures › Section 468.

468. All funds available to a county for the purposes of this chapter shall be utilized for projects proposed by eligible programs.
(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 4 - Application Procedures › Section 468.2.

468.2. Applications submitted for funding shall include, but need not be limited to, all of the following information:
(a) Evidence of compliance with Sections 467.2, 467.3, and 467.4.
(b) A description of the proposed community area of service, cost of the principal components of operation, and any other characteristics, as determined by rules of the advisory council.
(c) A description of available dispute resolution services and facilities within the defined geographical area.
(d) A description of the applicant’s proposed program, by type and purpose, including evidence of community support, the present availability of resources, and the applicant’s administrative capability.
(e) A description of existing or planned cooperation between the applicant and local human service and justice system agencies.
(f) A demonstrated effort on the part of the applicant to show the manner in which funds that may be awarded under this program may be coordinated or consolidated with other local, state, or federal funds available for the activities described in Sections 467.2, 467.3, and 467.4.
(g) An explanation of the methods to be used for selecting and training mediators and other facilitators used in the dispute resolution process.
(h) Such additional information as may be required by the county.
(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 4 - Application Procedures › Section 468.3.

468.3. Data supplied by each applicant shall be used to assign relative funding priority on the basis of criteria developed by the advisory council. The criteria may include, but shall not be limited to, all of the following, in addition to the criteria set forth in Section 468.2:
(a) Unit cost, according to the type and scope of the proposed program.
(b) Quality and validity of the program.
(c) Number of participants who may be served.
(d) Administrative capability.
(e) Community support factors.
(Added by Stats. 1986, Ch. 1313, Sec. 1.)