reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 11 - Disciplinary Proceedings › Section 7404.

7404. The grounds for disciplinary action are as follows:
(a) Unprofessional conduct which includes, but is not limited to, any of the following:
(1) Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2) Repeated similar negligent acts.
(3) Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4) Advertising by means of knowingly false or deceptive statements.
(b) Failure to comply with the requirements of this chapter.
(c) Failure to comply with the rules governing health and safety adopted by the board and approved by the State Department of Public Health, for the regulation of establishments, or any practice licensed and regulated under this chapter.
(d) Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e) Continued practice by a person knowingly having an infectious or contagious disease.
(f) Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g) Obtaining or attempting to obtain practice in any occupation licensed and regulated under this chapter, or money, or compensation in any form, by fraudulent misrepresentation.
(h) Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i) Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j) Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k) The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l) Refusal to permit or interference with an inspection authorized under this chapter.
(m) Any action or conduct which would have warranted the denial of a license.
(n) Failure to surrender a license that was issued in error or by mistake.
(Amended by Stats. 2015, Ch. 430, Sec. 29. (AB 181) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 11 - Disciplinary Proceedings › Section 7404.1.

7404.1. Any person, firm, association, or corporation violating this chapter is guilty of a misdemeanor unless a specific penalty is otherwise provided.
(Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 11 - Disciplinary Proceedings › Section 7405.

7405. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.
(Amended by Stats. 2003, Ch. 788, Sec. 63. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7406.

7406. In addition to the authority to conduct disciplinary proceedings under this chapter, the board, through its duly authorized representatives, shall have authority to assess administrative fines for the violation of any section of this chapter or the violation of any rules and regulations adopted by the board under this chapter.
(Amended by Stats. 2003, Ch. 788, Sec. 64. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7407.

7407. The board shall establish by regulation a schedule of administrative fines for violations of this chapter that directly impact consumer safety. All moneys collected under this section shall be deposited in the board’s contingent fund.
The schedule shall indicate for each type of violation whether, in the board’s discretion, the violation can be corrected. The board shall ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.
(Amended by Stats. 2021, Ch. 648, Sec. 28. (SB 803) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7407.1.

7407.1. (a) The board shall determine by regulation when a fine shall be assessed to both the holder of the establishment license and the individual licensee for the same violation. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall consider the egregiousness of the violation of the health and safety regulations and whether the violation is a repeated violation by licensees within the same establishment.
(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.
(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).
(Amended by Stats. 2023, Ch. 603, Sec. 1. (SB 384) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7408.

7408. The board, through its duly authorized representatives, shall issue a citation with respect to any violation for which an administrative fine may be assessed. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the specific provision alleged to have been violated. The administrative fine, if any, shall attach at the time the citation is written. The citation shall include an order to correct any condition or violation which lends itself to correction, as determined by the board pursuant to Section 7406.
(Amended by Stats. 2003, Ch. 788, Sec. 66. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7408.1.

7408.1. The board may enter into a payment plan for citations with administrative fines that exceed five hundred dollars ($500). The board shall define by regulation the parameters of the payment plan, which shall include, but shall not be not limited to, the terms of the plan and grounds for cancellation of the plan.
(Added by Stats. 2016, Ch. 233, Sec. 2. (SB 1044) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7409.

7409. Any licensee served with a citation may avoid the payment of the associated administrative fine by presentation of written proof satisfactory to the board, or its executive officer, that the violation has been corrected. This provision applies only to a licensee’s first violation in any three-year period of any single provision of this chapter or the rules and regulations adopted pursuant to this chapter. Proof of correction shall be presented to the board, through its executive officer, in a time and manner prescribed by the board. The board may, in its discretion, extend for a reasonable period the time within which to correct the violation upon the showing of good cause. Notices of correction filed after the prescribed date shall not be acceptable and the administrative fine shall be paid.
(Amended by Stats. 2003, Ch. 788, Sec. 67. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7410.

7410. Persons to whom a notice of violation or a citation is issued and an administrative fine assessed may appeal the citation to a disciplinary review committee established by the board. All appeals shall be submitted in writing to the program within 30 days of the date the citation was issued. Appeals of citations that are not submitted in a timely manner shall be rejected.
After a timely appeal has been filed with the program, the administrative fine, if any, shall be stayed until the appeal has been adjudicated.
Persons appealing a citation, or their appointed representatives, may appear in person before the disciplinary review committee. The appellant may present written or oral evidence relating to the facts and circumstances relating to the citation that was issued. Following an appeal to a disciplinary review committee, the disciplinary review committee shall issue a decision, based on findings of fact, which may affirm, reduce, dismiss, or alter any charges filed in the citation. In no event shall the administrative fine be increased. The appellant shall be provided with a written copy of the disciplinary review committee’s decision relating to the appeal.
(Amended by Stats. 2010, Ch. 415, Sec. 28. (SB 1491) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7411.

7411. Persons receiving a decision from a disciplinary review committee may appeal the decision by filing a written request, within 30 days after receipt of the decision, to the program administrator. Following a hearing to appeal the decision of a disciplinary review committee, the director shall thereafter issue a decision, based on findings of fact, affirming, modifying or vacating the citation or penalty, or directing other appropriate relief. In no event shall the administrative fine be increased. The hearing to contest the decision of a disciplinary review committee shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all powers granted therein.
(Amended by Stats. 1998, Ch. 970, Sec. 15. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7413.

7413. Appeals of citations not filed in a timely manner or failure of the appellant or the appellant’s representative to appear before the disciplinary review committee at the appointed time except when good cause is shown, shall cause the citation to become final and there shall be no administrative appeal except as otherwise provided by law.
(Amended by Stats. 1998, Ch. 970, Sec. 17. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12 - Administrative Fines and Citations › Section 7414.

7414. The issuance of a license to, or the renewal of a license of, a person who fails to pay administrative fines that were not contested or that were contested but the appeal has been adjudicated may be made contingent upon all fines being paid in addition to any application, renewal, or delinquency fees which are required.
(Amended by Stats. 2016, Ch. 233, Sec. 3. (SB 1044) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12.5 - Tanning Facilities › Section 7414.1.

7414.1. All records required by law to be kept by tanning facilities subject to the Filante Tanning Facility Act of 1988 (Chapter 23 (commencing with Section 22700) of Division 8), including, but not limited to, records relating to written warning statements, the sign required to be posted, the qualifications of facility operators, statements of acknowledgment, parental consent forms, and injury reports, shall be open to inspection by the board, or its authorized representatives, during any inspection, or during any investigation initiated in response to a complaint that the tanning facility has violated any provision of the Filante Tanning Facility Act of 1988. A copy of any or all of those records shall be provided to the board, or its authorized representatives, immediately upon request.
(Amended by Stats. 2003, Ch. 788, Sec. 69. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12.5 - Tanning Facilities › Section 7414.2.

7414.2. (a) Notwithstanding any other provision of law, a violation of the Filante Tanning Facility Act of 1988 (Chapter 23 (commencing with Section 22700) of Division 8), is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when:
(1) A complaint or a written notice to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code is filed in court charging the offense as an infraction, or
(2) The court, with the consent of the defendant and the prosecution, determines that the offense is an infraction in which event the case shall proceed as if the defendant has been arraigned on an infraction complaint.
(b) Notwithstanding any other provision of law, a violation of any of the provisions of the Filante Tanning Facility Act of 1988, which is an infraction, is punishable by a fine of not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000).
(c) This section shall become effective July 1, 1994.
(Added by Stats. 1993, Ch. 521, Sec. 1. Effective January 1, 1994. Section operative July 1, 1994, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12.5 - Tanning Facilities › Section 7414.3.

7414.3. (a) Any representative of the board designated by the director shall have the authority to issue a written notice to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. Representatives so designated are not peace officers and are not entitled to safety member retirement benefits, as a result of that designation. Except as otherwise provided, the representative’s authority is limited to the issuance of written notices to appear for infraction violations of the Filante Tanning Facility Act of 1988 and only when the violation is committed in the presence of the representative.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any representative, acting pursuant to subdivision (a) and within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the representative, at the time of that arrest, had reasonable cause to believe was lawful.
(c) This section shall become effective July 1, 1994.
(Amended by Stats. 2003, Ch. 788, Sec. 70. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12.5 - Tanning Facilities › Section 7414.4.

7414.4. The board, and its authorized representatives, may disseminate information to tanning facilities regarding compliance with the Filante Tanning Facility Act of 1988.
(Amended by Stats. 2003, Ch. 788, Sec. 71. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12.5 - Tanning Facilities › Section 7414.5.

7414.5. This article shall be applicable only to those tanning facilities operated in conjunction with, or at the same location as, an establishment licensed under this chapter.
(Added by Stats. 1993, Ch. 521, Sec. 1. Effective January 1, 1994.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 12.5 - Tanning Facilities › Section 7414.6.

7414.6. The board may adopt regulations concerning the operation of tanning facilities in licensed establishments.
(Amended by Stats. 2003, Ch. 788, Sec. 72. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7415.

7415. Licenses issued under this chapter, unless specifically excepted, shall be issued for a two-year period and shall expire at midnight on the last day of the month of issuance by the board.
(Amended by Stats. 2003, Ch. 788, Sec. 73. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7417.

7417. Except as otherwise provided in this article, a license that has expired for failure of the licensee to renew within the time fixed by this article may be renewed at any time within five years following its expiration upon application and payment of all accrued and unpaid renewal fees and delinquency fees. If the license is renewed after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee and meet current continuing education requirements, if applicable, prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, or on the date on which the accrued renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever occurs last. If so renewed, the license shall continue in effect through the expiration date provided in this article which next occurs following the effective date of the renewal, when it shall expire if it is not again renewed.
(Amended by Stats. 1998, Ch. 970, Sec. 17.5. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7418.

7418. Except as otherwise provided in this article, a license which has not been renewed within five years following its expiration shall be deemed canceled and may not be renewed, restored, reinstated, or reissued thereafter. The holder of the canceled license may obtain a new license only by submitting an application, paying all required fees, and qualifying for and passing the examination that would be required if the holder were applying for the license for the first time.
(Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7419.

7419. A suspended license is subject to expiration and shall be renewed by the licensee as provided in this article, but that renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.
(Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7420.

7420. A revoked license is subject to expiration as provided in this article, but may not be renewed. If it is reinstated pursuant to the Administrative Procedure Act after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the current renewal fee.
(Repealed and added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7421.

7421. The fees shall be set by the board, within the limits set forth in this article, in amounts necessary to cover the expenses of the board in performing its duties under this chapter.
(Amended by Stats. 2003, Ch. 788, Sec. 75. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7422.

7422. All fees collected on behalf of the board and all receipts of every kind and nature, shall be reported to the Controller at the beginning of each month for the month preceding. At the same time the entire amount of collections shall be paid into the State Treasury, and shall be credited to the Barbering and Cosmetology Contingent Fund, which fund is hereby created.
The moneys in the contingent fund shall be appropriated to the board pursuant to the annual Budget Act and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect this chapter.
(Amended by Stats. 2003, Ch. 788, Sec. 76. Effective January 1, 2004.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7423.

7423. The amounts of the fees required by this chapter relating to licenses for individual practitioners are as follows:
(a) (1) Cosmetologist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) A cosmetologist initial license fee shall not be more than fifty dollars ($50).
(b) (1) An esthetician application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) An esthetician initial license fee shall not be more than forty dollars ($40).
(c) (1) A manicurist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) A manicurist initial license fee shall not be more than thirty-five dollars ($35).
(d) (1) A barber application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) A barber initial license fee shall be not more than fifty dollars ($50).
(e) (1) An electrologist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination.
(2) An electrologist initial license fee shall be not more than fifty dollars ($50).
(f) An apprentice application and license fee shall be not more than twenty-five dollars ($25).
(g) The license renewal fee for individual practitioner licenses that are subject to renewal shall be not more than fifty dollars ($50).
(h) A hairstylist application and examination fee shall be fifty dollars ($50) or a fee in an amount as determined by the board, not to exceed the reasonable cost of developing, purchasing, grading, and administering the examination, not to exceed fifty dollars ($50).
(i) Notwithstanding Section 163.5 the license renewal delinquency fee shall be 50 percent of the renewal fee in effect on the date of renewal.
(Amended by Stats. 2021, Ch. 648, Sec. 29. (SB 803) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7424.

7424. The amounts of the fees payable under this chapter relating to licenses to operate an establishment are as follows:
(a) The application and initial license fee shall be not more than eighty dollars ($80).
(b) The renewal fee shall be not more than forty dollars ($40).
(c) The delinquency fee is 50 percent of the renewal fee in effect on the date of renewal.
(d) Any application and initial license fee for the change of ownership of an existing establishment may be established by the board in an amount less than the fee prescribed for a new establishment, but sufficient to cover the costs of processing the application and issuing the license.
(Amended by Stats. 1992, Ch. 213, Sec. 4. Effective July 15, 1992. Applicable from July 1, 1992, pursuant to Sec. 6 of Ch. 213.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7425.

7425. The amounts of the fees payable under this chapter relating to licenses to operate a mobile unit are as follows:
(a) The application fee shall be not more than fifty dollars ($50).
(b) The initial inspection and license fee shall not be more than one hundred dollars ($100).
(c) The renewal fee shall be not more than forty dollars ($40).
(d) The delinquency fee shall be 50 percent of the renewal fee in effect on the date of renewal, notwithstanding Section 163.5.
(Amended (as added by Stats. 1990, Ch. 1672) by Stats. 1991, Ch. 1172, Sec. 20. Operative July 1, 1992, by Sec. 30 of Ch. 1172.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7426.

7426. The fee for a duplicate license as provided for in Section 7398 shall be ten dollars ($10).
(Added by Stats. 1990, Ch. 1672, Sec. 3. Operative July 1, 1992, by Sec. 10 of Ch. 1672.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7426.5.

7426.5. The board may, by regulation, divide the fees payable under this chapter relating to licenses into separate categories based upon processing functions, such as application review, examination administration, or license issuance, provided that the combined fees for those processing functions do not exceed the maximum amount prescribed by the license category.
The board may, by regulation, establish procedures whereby some or all of a fee submitted in connection with an application for licensure would be forfeited by an applicant who has withdrawn his or her application, fails to appear for an examination, or is required to retake an examination.
(Added by Stats. 1999, Ch. 983, Sec. 8. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10 - Barbering and Cosmetology › ARTICLE 13 - Revenue › Section 7427.

7427. (a) (1) For licenses expiring on or after January 1, 2021, and before January 1, 2023, the board shall not seek to collect, and a licensee shall not be required to pay, the renewal fees set forth in this article.
(2) This subdivision shall become inoperative on January 1, 2023.
(b) If a licensee pays a renewal fee for a license expiring on or after January 1, 2021, and before January 1, 2023, both of the following shall apply:
(1) The board shall not return or refund the payment.
(2) The board shall not collect, and the licensee shall not be required to pay, the renewal fee for the subsequent renewal period.
(c) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2021, Ch. 9, Sec. 1. (SB 94) Effective February 23, 2021. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 1 - Title, Findings and Declarations, and Statement of Purpose › Section 7448.

7448. Title. This chapter shall be known, and may be cited, as the Protect App-Based Drivers and Services Act.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 1 - Title, Findings and Declarations, and Statement of Purpose › Section 7450.

7450. Statement of Purpose. The purposes of this chapter are as follows:
(a) To protect the basic legal right of Californians to choose to work as independent contractors with rideshare and delivery network companies throughout the state.
(b) To protect the individual right of every app-based rideshare and delivery driver to have the flexibility to set their own hours for when, where, and how they work.
(c) To require rideshare and delivery network companies to offer new protections and benefits for app-based rideshare and delivery drivers, including minimum compensation levels, insurance to cover on-the-job injuries, automobile accident insurance, health care subsidies for qualifying drivers, protection against harassment and discrimination, and mandatory contractual rights and appeal processes.
(d) To improve public safety by requiring criminal background checks, driver safety training, and other safety provisions to help ensure app-based rideshare and delivery drivers do not pose a threat to customers or the public.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 2 - App-Based Driver Independence › Section 7451.

7451. Protecting Independence. Notwithstanding any other provision of law, including, but not limited to, the Labor Code, the Unemployment Insurance Code, and any orders, regulations, or opinions of the Department of Industrial Relations or any board, division, or commission within the Department of Industrial Relations, an app-based driver is an independent contractor and not an employee or agent with respect to the app-based driver’s relationship with a network company if the following conditions are met:
(a) The network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the app-based driver must be logged into the network company’s online-enabled application or platform.
(b) The network company does not require the app-based driver to accept any specific rideshare service or delivery service request as a condition of maintaining access to the network company’s online-enabled application or platform.
(c) The network company does not restrict the app-based driver from performing rideshare services or delivery services through other network companies except during engaged time.
(d) The network company does not restrict the app-based driver from working in any other lawful occupation or business.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 2 - App-Based Driver Independence › Section 7452.

7452. Contract and Termination Provisions. (a) A network company and an app-based driver shall enter into a written agreement prior to the driver receiving access to the network company’s online-enabled application or platform.
(b) A network company shall not terminate a contract with an app-based driver unless based upon a ground specified in the contract.
(c) Network companies shall provide an appeals process for app-based drivers whose contracts are terminated by the network company.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 2 - App-Based Driver Independence › Section 7452.5.

7452.5. Independence Unaffected. Nothing in Article 3 (commencing with Section 7453) to Article 11 (commencing with Section 7467), inclusive, of this chapter shall be interpreted to in any way alter the relationship between a network company and an app-based driver for whom the conditions set forth in Section 7451 are satisfied.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7456.

7456. Antidiscrimination. (a) It is an unlawful practice, unless based upon a bona fide occupational qualification or public or app-based driver safety need, for a network company to refuse to contract with, terminate the contract of, or deactivate from the network company’s online-enabled application or platform, any app-based driver or prospective app-based driver based upon race, color, ancestry, national origin, religion, creed, age, physical or mental disability, sex, gender, sexual orientation, gender identity or expression, medical condition, genetic information, marital status, or military or veteran status.
(b) Claims brought pursuant to this section shall be brought solely under the procedures established by the Unruh Civil Rights Act (Section 51 of the Civil Code) and will be governed by its requirements and remedies.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7457.

7457. Sexual Harassment Prevention. (a) A network company shall develop a sexual harassment policy intended to protect app-based drivers and members of the public using rideshare services or delivery services. The policy shall be available on the network company’s internet website. The policy shall, at a minimum, do all of the following:
(1) Identify behaviors that may constitute sexual harassment, including the following: unwanted sexual advances; leering, gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters; derogatory comments, epithets, slurs, or jokes; graphic comments, sexually degrading words, or suggestive or obscene messages or invitations; and physical touching or assault, as well as impeding or blocking movements.
(2) Indicate that the network company, and in many instances the law, prohibits app-based drivers and customers utilizing rideshare services or delivery services from committing prohibited harassment.
(3) Establish a process for app-based drivers, customers, and rideshare passengers to submit complaints that ensures confidentiality to the extent possible; an impartial and timely investigation; and remedial actions and resolutions based on the information collected during the investigation process.
(4) Provide an opportunity for app-based drivers and customers utilizing rideshare services or delivery services to submit complaints electronically so complaints can be resolved quickly.
(5) Indicate that when the network company receives allegations of misconduct, it will conduct a fair, timely, and thorough investigation to reach reasonable conclusions based on the information collected.
(6) Make clear that neither app-based drivers nor customers utilizing rideshare services or delivery services shall be retaliated against as a result of making a good faith complaint or participating in an investigation against another app-based driver, customer, or rideshare passenger.
(b) Prior to providing rideshare services or delivery services through a network company’s online-enabled application or platform, an app-based driver shall do both of the following:
(1) Review the network company’s sexual harassment policy.
(2) Confirm to the network company, for which electronic confirmation shall suffice, that the app-based driver has reviewed the network company’s sexual harassment policy.
(c) Claims brought pursuant to this section shall be brought solely under the procedures established by the Unruh Civil Rights Act (Section 51 of the Civil Code) and will be governed by its requirements and remedies.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7459.

7459. Safety Training. (a) A network company shall require an app-based driver to complete the training described in this section prior to allowing the app-based driver to utilize the network company’s online-enabled application or platform.
(b) A network company shall provide each app-based driver safety training. The safety training required by this section shall include the following subjects:
(1) Collision avoidance and defensive driving techniques.
(2) Identification of collision-causing elements such as excessive speed, DUI, and distracted driving.
(3) Recognition and reporting of sexual assault and misconduct.
(4) For app-based drivers delivering prepared food or groceries, food safety information relevant to the delivery of food, including temperature control.
(c) The training may, at the discretion of the network company, be provided via online, video, or in-person training.
(d) Notwithstanding subdivision (a), any app-based driver that has entered into a contract with a network company prior to January 1, 2021, to provide rideshare services or delivery services shall have until July 1, 2021, to complete the safety training required by this section, and may continue to provide rideshare services or delivery services through the network company’s online-enabled application or platform until that date. On and after July 1, 2021, app-based drivers described in this subdivision must complete the training required by this section in order to continue providing rideshare services and delivery services.
(e) Any safety product, feature, process, policy, standard, or other effort undertaken by a network company, or the provision of equipment by a network company, to further public safety is not an indicia of an employment or agency relationship with an app-based driver.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7460.

7460. Zero Tolerance Policies. (a) A network company shall institute a “zero tolerance policy” that mandates prompt suspension of an app-based driver’s access to the network company’s online-enabled application or platform in any instance in which the network company receives a report through its online-enabled application or platform, or by any other company-approved method, from any person who reasonably suspects the app-based driver is under the influence of drugs or alcohol while providing rideshare services or delivery services.
(b) Upon receiving a report described in subdivision (a), a network company shall promptly suspend the app-based driver from the company’s online-enabled application or platform for further investigation.
(c) A network company may suspend access to the network company’s online-enabled application or platform for any app-based driver or customer found to be reporting an alleged violation of a zero tolerance policy as described in subdivision (a) where that driver or customer knows the report to be unfounded or based the report on an intent to inappropriately deny a driver access to the online-enabled application or platform.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7460.5.

7460.5. A network company shall make continuously and exclusively available to law enforcement a mechanism to submit requests for information to aid in investigations related to emergency situations, exigent circumstances, and critical incidents.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7461.

7461. App-based Driver Rest. An app-based driver shall not be logged in and driving on a network company’s online-enabled application or platform for more than a cumulative total of 12 hours in any 24-hour period, unless that driver has already logged off for an uninterrupted period of 6 hours. If an app-based driver has been logged on and driving for more than a cumulative total of 12 hours in any 24-hour period, without logging off for an uninterrupted period of 6 hours, the driver shall be prohibited from logging back into the network company’s online-enabled application or platform for an uninterrupted period of at least 6 hours.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 5 - Antidiscrimination and Public Safety › Section 7462.

7462. Impersonating an App-Based Driver. Any person who fraudulently impersonates an app-based driver while providing or attempting to provide rideshare or delivery services shall be guilty of a misdemeanor, and is punishable by imprisonment in a county jail for up to six months, or a fine of up to ten thousand dollars ($10,000), or both. Nothing in this subdivision precludes prosecution under any other law.
(b) In addition to any other penalty provided by law, any person who fraudulently impersonates an app-based driver while providing or attempting to provide rideshare services or delivery services in the commission or attempted commission of an offense described in Section 207, 209, 220, 261, 264.1, 286, 287, 288, or 289 of the Penal Code shall be sentenced to an additional term of five years.
(c) In addition to any other penalty provided by law, any person who fraudulently impersonates an app-based driver while providing or attempting to provide rideshare services or delivery services in the commission of a felony or attempted felony and in so doing personally inflicts great bodily injury to another person other than an accomplice shall be sentenced to an additional term of five years.
(d) In addition to any other penalty provided by law, any person who fraudulently impersonates an app-based driver while providing or attempting to provide rideshare services or delivery services in the commission of a felony or attempted felony and in so doing causes the death of another person other than an accomplice shall be sentenced to an additional term of 10 years.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 10.5 - App-Based Drivers and Services › ARTICLE 7 - Uniform Work Standards › Section 7464.

7464. (a) The performance of a single rideshare service or delivery service frequently requires an app-based driver to travel across the jurisdictional boundaries of multiple local governments. California has over 500 cities and counties, which can lead to overlapping, inconsistent, and contradictory local regulations for cross-jurisdictional services.
(b) In light of the cross-jurisdictional nature of the rideshare services and delivery services, and in addition to the other requirements and standards established by this chapter, the state hereby occupies the field in the following areas:
(1) App-based driver compensation and gratuity, except as provided in Section 7453.
(2) App-based driver scheduling, leave, health care subsidies, and any other work-related stipends, subsidies, or benefits.
(3) App-based driver licensing and insurance requirements.
(4) App-based driver rights with respect to a network company’s termination of an app-based driver’s contract.
(c) Notwithstanding subdivision (b), nothing in this section shall limit a local government’s ability to adopt local ordinances necessary to punish the commission of misdemeanor and felony crimes or to enforce local ordinances and regulations enacted prior to October 29, 2019.
(Added November 3, 2020, by initiative Proposition 22, Sec. 1. Effective December 16, 2020.)