reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.8.

7729.8. The cemetery salesperson’s license fee shall be sixty dollars ($60).
(Amended by Stats. 2022, Ch. 625, Sec. 53. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.9.

7729.9. A cemetery salesperson’s license fee is payable on each filing of an application for a cemetery salesperson’s license.
(Added by Stats. 2015, Ch. 395, Sec. 47. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.10.

7729.10. The annual renewal fee for a cemetery salesperson’s license shall be fifty dollars ($50).
(Amended by Stats. 2022, Ch. 625, Sec. 54. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7729.11.

7729.11. The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee.
(Added by Stats. 2022, Ch. 625, Sec. 55. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.

7730. For a branch office broker’s license, the fee shall be one hundred ninety dollars ($190).
(Amended by Stats. 2022, Ch. 625, Sec. 56. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.1.

7730.1. The cremated remains disposer registration fee shall be one hundred ninety dollars ($190).
(Amended by Stats. 2022, Ch. 625, Sec. 57. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.2.

7730.2. The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100).
(Amended by Stats. 2022, Ch. 625, Sec. 58. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.3.

7730.3. For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25).
(Amended by Stats. 2022, Ch. 625, Sec. 59. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.4.

7730.4. For transfer of a salesperson’s license on change of employer, the fee shall be fifty dollars ($50).
(Amended by Stats. 2022, Ch. 625, Sec. 60. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.5.

7730.5. For a duplicate license the fee shall be fifty dollars ($50).
(Amended by Stats. 2022, Ch. 625, Sec. 61. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.6.

7730.6. (a) For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50).
(b) As used in this section, “reinstatement of a license” means the reissuance of a canceled cemetery broker’s license, or a cemetery salesperson’s license which was canceled during the year for which it was issued upon the salesperson’s withdrawal from the employ of a cemetery broker.
(Amended by Stats. 2022, Ch. 625, Sec. 62. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.7.

7730.7. (a) The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680).
(b) The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130).
(c) The renewal fee for a crematory manager license shall be one hundred fifty dollars ($150).
(Amended by Stats. 2022, Ch. 625, Sec. 63. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.8.

7730.8. (a) The fee for a cemetery manager examination shall be eight hundred dollars ($800).
(b) The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130).
(c) The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150).
(Amended by Stats. 2022, Ch. 625, Sec. 64. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.9.

7730.9. The fee for filing a report of a change of designated manager or a request for approval to share a designated cemetery manager shall not exceed fifty dollars ($50).
(Added by Stats. 2015, Ch. 395, Sec. 58. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.10.

7730.10. Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eleven dollars and fifty cents ($11.50).
(Amended by Stats. 2022, Ch. 625, Sec. 65. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.11.

7730.11. (a) The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration.
(b) Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund.
(Amended by Stats. 2022, Ch. 625, Sec. 66. (SB 1443) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7730.12.

7730.12. (a) On or before January 1, 2027, the bureau shall establish the fee to obtain or renew a reduction facility license, which shall be set by the bureau pursuant to subdivision (c).
(b) Every licensee operating a reduction facility shall pay an additional charge per reduction made during the preceding quarter, to be set by the bureau pursuant to subdivision (c).
(c) The bureau shall set the fees in subdivisions (a) and (b) in amounts that cumulatively do not exceed the reasonable costs of administering the licensing program. The fee for individual reductions shall not exceed eight dollars and fifty cents ($8.50) per reduction. All fees assessed pursuant to this section shall be deposited in the Cemetery and Funeral Fund and shall be used exclusively to administer the licensing program for reduction facilities.
(Added by Stats. 2022, Ch. 399, Sec. 27. (AB 351) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7731.

7731. Upon payment of the charges set forth, the bureau shall issue a renewal of the certificate of authority to the cemetery authority.
(Added by Stats. 2015, Ch. 395, Sec. 61. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7731.1.

7731.1. Failure to pay the charges set forth by Section 7730.10 prior to February 1 for each year shall be cause for suspension of the certificate of authority. The certificate may be restored upon payment to the bureau of the prescribed charges.
(Added by Stats. 2015, Ch. 395, Sec. 62. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7731.2.

7731.2. It is a misdemeanor for any cemetery corporation to make any interments without a valid certificate of authority. Each interment shall be a separate violation.
(Added by Stats. 2015, Ch. 395, Sec. 63. (AB 180) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7731.3.

7731.3. (a) All moneys received by the bureau under the provisions of this chapter shall be accounted for and reported by detailed statements furnished by the bureau to the Controller at least once a month, and at the same time these moneys shall be remitted to the Treasurer, and, upon order of the Controller, shall be deposited in the Cemetery and Funeral Fund in the State Treasury, which fund is hereby created.
(b) This section shall become operative on July 1, 2016.
(Repealed (in Sec. 64) and added by Stats. 2015, Ch. 395, Sec. 65. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 8 - Revenue › Section 7731.4.

7731.4. (a) All moneys paid into the State Treasury and credited to the Cemetery and Funeral Fund shall be expended in accordance with law for the payment of all actual and necessary expenses incurred in carrying out the provisions of this act.
(b) This section shall become operative on July 1, 2016.
(Repealed (in Sec. 66) and added by Stats. 2015, Ch. 395, Sec. 67. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7735.

7735. No funeral establishment licensed under the laws of the State of California, or the agents or employees of a funeral establishment, shall enter into or solicit any preneed arrangement, contract, or plan, hereinafter referred to as “contract,” requiring the payment to the licensee of money or the delivery to the licensee of securities to pay for the final disposition of human remains or for funeral services or for the furnishing of personal property or funeral merchandise, wherein the use or delivery of those services, property or merchandise is not immediately required, unless the contract requires that all money paid directly or indirectly and all securities delivered under that agreement or under any agreement collateral thereto, shall be held in trust for the purpose for which it was paid or delivered until the contract is fulfilled according to its terms; provided, however, that any payment made or securities deposited pursuant to this article shall be released upon the death of the person for whose benefit the trust was established as provided in Section 7737. The income from the trust may be used to pay for a reasonable annual fee for administering the trust, including a trustee fee to be determined by the bureau, and to establish a reserve of not to exceed 10 percent of the corpus of the trust as a revocation fee in the event of cancellation on the part of the beneficiary. The annual fee for trust administration may be recovered by withdrawals from accumulated trust income, provided that total withdrawals for this purpose shall not exceed the amount determined by the bureau. In no case shall the total amount withdrawn in a year for trust administration exceed the total amount of posted trust income for the immediate 12 preceding months. In addition to annual fees and reserves authorized by this section, a trustee may, at its election, pay taxes on the earnings on any trust pursuant to Section 17760.5 of the Revenue and Taxation Code. In no event, however, shall taxes paid on the earnings of any trust be considered part of the fees or reserves authorized by this section. All remaining income shall be accumulated in trust.
None of the corpus of the trust shall be used for payment of any commission nor shall any of the corpus of the trust be used for other expenses of trust administration, or for the payment of taxes on the earnings of the trust.
(Amended by Stats. 2000, Ch. 757, Sec. 1. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7735.5.

7735.5. The preneed funeral arrangement contract shall clearly state if benefits are unavailable or limited for any reason.
(Added by Stats. 2001, Ch. 715, Sec. 4. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7736.

7736. For the purposes of this article the term “trustee” shall mean any banking institution or trust company legally authorized and empowered by the State of California to act as trustee in the handling of trust funds or not less than three persons one of whom may be an employee of the funeral establishment; the word “trustor” shall mean any person who pays the money or deposits the securities used for those preneed arrangements; the term “beneficiary” shall be the person for whom the funeral services are arranged; the words “corpus of the trust” shall include all moneys paid and securities delivered by the trustor pursuant to the provisions of the article.
(Amended by Stats. 2000, Ch. 757, Sec. 2. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7737.2.

7737.2. (a) The bureau shall create, and post on its internet website, the forms required by Section 7737.1 by January 1, 2023.
(b) The bureau shall adopt and post on its internet website, by January 1, 2023, regulations regarding the type of proof of notice the funeral establishment ceasing operations and the licensed successor funeral establishment are required to provide or retain for purposes of paragraph (4) of subdivision (a) of Section 7737.1.
(Added by Stats. 2021, Ch. 514, Sec. 4. (AB 293) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7737.3.

7737.3. All commingled preneed trust funds held by a funeral establishment shall be subject to an annual, independent certified financial audit with a copy of the audit to be submitted to the bureau for review within 120 days of the close of the fund’s fiscal year. Any findings of noncompliance with existing law regarding preneed trust funds shall be identified by the auditor in a separate report for review and action by the bureau. Audits and reports of noncompliance shall be filed simultaneously.
(Amended by Stats. 2000, Ch. 568, Sec. 144. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7737.5.

7737.5. A trustee may deposit the corpus of the trust in any financial institution insured by the Federal Deposit Insurance Corporation.
(Amended by Stats. 1998, Ch. 970, Sec. 91. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7737.7.

7737.7. A trustee may deposit the corpus of the trust in any credit union which is insured by the National Credit Union Share Insurance Fund.
(Added by Stats. 1987, Ch. 764, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7738.

7738. A licensed funeral establishment that is also a licensed cemetery authority shall not deposit any money or securities received in connection with preneed funeral arrangements in a special endowment care fund as provided in Article 4 (commencing with Section 8775) of Chapter 5 of Part 3 of Division 8 of the Health and Safety Code, nor shall a licensed funeral establishment permit the deposit of any money or securities received in connection with a special endowment care fund into a preneed funeral trust fund. Nothing in this section shall require the liquidation or conversion of any lawful investment existing on December 31, 1981.
(Amended by Stats. 1996, Ch. 1151, Sec. 44. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7739.

7739. Any person willfully violating the provisions of this article or any of them shall be punishable either by imprisonment in a county jail for a period not exceeding six months, or by fine not exceeding five hundred dollars ($500), or by both imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years. If the violator is a funeral establishment licensee, he or she shall also be subject to disciplinary action as provided in Article 6 (commencing with Section 7686).
(Amended by Stats. 2011, Ch. 15, Sec. 19. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7740.

7740. The bureau is authorized to enforce of its own initiative the provisions of this article and may adopt such rules and regulations as in its opinion may be necessary to perform such duties and to safeguard the trust funds subject to this chapter.
(Amended by Stats. 2000, Ch. 568, Sec. 145. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7740.5.

7740.5. A funeral establishment shall pay to the bureau the fee fixed by this chapter for filing with the bureau any report on preneed trust funds required by rules and regulations of the bureau adopted pursuant to Section 7740.
(Amended by Stats. 2000, Ch. 568, Sec. 146. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7741.

7741. Nothing in this article shall apply to cemetery property; cemetery commodities; cemetery service; or merchandise that is delivered as soon as paid for.
(Added by Stats. 1965, Ch. 1414.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7742.

7742. Nothing in this article shall apply to any arrangement, contract, or plan for the issuance of securities now or hereafter authorized under a permit of the Commissioner of Financial Protection and Innovation of this state.
(Amended by Stats. 2022, Ch. 452, Sec. 7. (SB 1498) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7745.

7745. Every funeral establishment shall present to the survivor of the deceased who is handling the funeral arrangements or the responsible party a copy of any preneed agreement which has been signed and paid for in full, or in part by, or on behalf of the deceased and is in the possession of the funeral establishment. The copy may be presented in person, by certified mail, or by facsimile transmission, as agreed upon by the survivor of the deceased or the responsible party. A funeral establishment that knowingly fails to present a preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine equal to three times the cost of the preneed agreement, or one thousand dollars ($1,000), whichever is greater.
(Amended by Stats. 1996, Ch. 1151, Sec. 47. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12 - Cemetery and Funeral Act › ARTICLE 9 - Preneed Funeral Arrangements › Section 7746.

7746. (a) Notwithstanding any other provision of law, a funeral establishment that is otherwise exempt from the requirement of filing an annual preneed trust report or whose preneed trust funds are reported in a combined preneed annual preneed trust report, shall annually file a declaration of nonreporting status with the bureau.
(b) The declaration shall be filed on or before May 1 of each year and shall also be filed upon the transfer of ownership or the cessation of business.
(c) The declaration shall be filed on a form provided by the bureau and shall include, but shall not be limited to, both of the following:
(1) The basis upon which the funeral establishment is exempt from the annual trust reporting requirement.
(2) The specific kind and nature of the exempt preneed arrangements, if any, in which the funeral establishment engages.
(d) The declaration shall be verified by the funeral establishment’s owner, a partner, or in the case of a corporation, by the president or vice president.
(Added by Stats. 2002, Ch. 825, Sec. 4. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7800.

7800. This chapter of the Business and Professions Code constitutes the chapter on geologists and geophysicists. It may be cited as the Geologist and Geophysicist Act.
(Amended by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7801.

7801. (a) “Board,” as used in this chapter, means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. Any reference in any law or regulation to the Board for Geologists and Geophysicists or the State Board of Registration for Geologists and Geophysicists shall be deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists.
(b) The board shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Board for Geologists and Geophysicists.
(c) The board shall receive two personnel years that were previously allocated to the Board for Geologists and Geophysicists for the performance of the board’s responsibilities under this chapter.
(Amended by Stats. 2010, Ch. 696, Sec. 4. (AB 1431) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7802.

7802. “Geology,” as used in this chapter, refers to that science which treats of the earth in general; investigation of the earth’s crust and the rocks and other materials which compose it; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7802.1.

7802.1. “Geophysics,” as used in this chapter, refers to that science which involves study of the physical earth by means of measuring its natural and induced fields of force, including, but not limited to, electric, gravity, and magnetic, and its responses to natural and induced energy and the interpreting of these measurements and the relating of them to the physics of the earth.
(Amended by Stats. 1973, Ch. 873.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7803.

7803. “Geologist,” as used in this chapter, refers to a person engaged in the practice of geology.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7803.1.

7803.1. “Geophysicist,” as used in this chapter, refers to a person engaged in the practice of geophysics.
(Added by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7804.

7804. Only a person registered as a geologist under the provisions of this chapter shall be entitled to take and use the title “professional geologist.” Only a person registered as a geologist and certified under the provisions of this chapter shall be entitled to take and use the title of a registered certified specialty geologist.
(Amended by Stats. 2004, Ch. 865, Sec. 18. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7804.1.

7804.1. Only a person registered as a geophysicist under the provisions of this chapter shall be entitled to take and use the title “professional geophysicist.” Only a person registered as a geophysicist and certified under the provisions of this chapter shall be entitled to take and use the title of a registered certified specialty geophysicist.
(Amended by Stats. 2005, Ch. 657, Sec. 8. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7805.

7805. The term “responsible charge of work” means the independent control and direction by the use of initiative, skill and independent judgment of geological or geophysical work or the supervision of such work.
(Amended by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7806.

7806. A subordinate is any person who assists a professional geologist or professional geophysicist in the practice of geology or geophysics without assuming the responsible charge of work.
(Amended by Stats. 2005, Ch. 657, Sec. 9. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7807.

7807. A qualified geologist is a person who possesses all the qualifications specified in Section 7841 for registration except that he is not registered.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 1 - General Provisions › Section 7807.1.

7807.1. A qualified geophysicist is a person who possesses all the qualifications specified in Section 7841.1 for registration except that he is not registered.
(Added by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7810.1.

7810.1. Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions pursuant to this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 42. (AB 20 4x) Effective October 23, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7818.

7818. The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, or repeal rules and regulations to carry out this chapter.
(Amended by Stats. 2016, Ch. 86, Sec. 14. (SB 1171) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7819.

7819. Except as otherwise provided by law, all records of the board shall be open to inspection by the public during regular office hours.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7820.

7820. The board shall have and use a seal bearing the name “Board for Professional Engineers, Land Surveyors, and Geologists.”
(Amended by Stats. 2011, Ch. 432, Sec. 22. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7821.

7821. The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensees that contains the licensee’s name, address of record, type of branch license, license number, the date the license was issued, and the date the license will expire.
(Amended by Stats. 2011, Ch. 432, Sec. 23. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7822.

7822. The board may, by regulation, provide for the division of the certification of registration into different specialties, including, but not limited to, petroleum, mining, and ground water, and may issue certificates in one or more of the specialties in which the applicant demonstrated proficiency. The board shall provide such a certificate for those qualified in engineering geology.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2 - Administration › Section 7825.

7825. The board shall establish relations with bodies which regulate the practice of geology and geophysics, or closely related geologic and geophysical disciplines, or which register geologists and geophysicists in the other states, and may establish relations with such bodies in other countries, for the purposes of working toward (1) uniformly high professional standards and (2) mutual recognition of registration.
(Amended by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2.1 - Technical Advisory Committees › Section 7826.

7826. The board may establish one or more technical advisory committees to advise and assist the board with respect to the following:
(a) Application review and verification for any level of registration, licensure, authority, or title.
(b) Evaluation and investigation of potential violations of this chapter.
(c) Amendment, repeal, adoption, or revision of board rules, regulations, policies, and procedures.
(Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2.1 - Technical Advisory Committees › Section 7826.1.

7826.1. Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members.
(Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2.1 - Technical Advisory Committees › Section 7826.2.

7826.2. Each member of each technical advisory committee shall be an expert in the area of geology or geophysics within the committee’s jurisdiction and shall be licensed under this chapter.
(Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2.1 - Technical Advisory Committees › Section 7826.3.

7826.3. All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103.
(Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 2.1 - Technical Advisory Committees › Section 7826.4.

7826.4. Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.
(Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7830.

7830. It is unlawful for anyone other than a geologist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a professional geologist or licensed certified specialty geologist, or to use in any manner the title “professional geologist” or the title of any licensed certified specialty geologist, or any combination of the words and phrases or abbreviations thereof, unless licensed, or licensed and certified, under this chapter.
(Amended by Stats. 2019, Ch. 630, Sec. 7. (AB 1522) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7830.1.

7830.1. It is unlawful for any person other than a geophysicist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a licensed geophysicist, professional geophysicist, or licensed certified specialty geophysicist, or to use in any manner the title “registered geophysicist,” “professional geophysicist,” or the title of any registered certified specialty geophysicist, or any combination of the words and phrases or abbreviations thereof, unless the person is licensed, or licensed and certified, under this chapter.
(Amended by Stats. 2019, Ch. 630, Sec. 8. (AB 1522) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7831.

7831. It is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant, named thereon, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7832.

7832. Any person, except as in this chapter specifically exempted, who shall practice or offer to practice geology or geophysics for others in this state is subject to the provisions of this chapter.
(Amended by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7833.

7833. This chapter does not prohibit one or more geologists or geophysicists from practicing through the entity of a sole proprietorship, partnership, or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a professional geologist. In a partnership or corporation whose primary activity consists of geophysical services, at least one partner or officer shall be a professional geophysicist.
(Amended by Stats. 2005, Ch. 657, Sec. 13. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7834.

7834. This chapter does not prevent or prohibit an individual, firm, company, association or corporation whose principal business is other than the practice of geology or geophysics from employing a geologist or geophysicist to perform professional services in geology or geophysics incidental to the conduct of their business.
(Amended by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7835.

7835. All geologic plans, specifications, reports, or documents shall be prepared by a professional geologist or licensed certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geologist or licensed certified specialty geologist and stamped with his or her seal, both of which shall indicate his or her responsibility for them.
(Amended by Stats. 2016, Ch. 236, Sec. 10. (SB 1165) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7835.1.

7835.1. All geophysical plans, specifications, reports, or documents shall be prepared by a professional geophysicist, licensed certified specialty geophysicist, professional geologist, licensed certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geophysicist, licensed certified specialty geophysicist, professional geologist, or licensed certified specialty geologist, and stamped with his or her seal, both of which shall indicate his or her responsibility for them.
(Amended by Stats. 2016, Ch. 236, Sec. 11. (SB 1165) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7836.

7836. Officers and employees of the United States of America practicing solely as such officers or employees are exempt from registration under the provisions of this chapter.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7837.

7837. A subordinate to a geologist or geophysicist registered under this chapter, insofar as he or she acts solely in that capacity, is exempt from registration under the provisions of this chapter. This exemption, however, does not permit any subordinate to practice geology or geophysics for others in his or her own right or to use the title “professional geologist” or “professional geophysicist.”
(Amended by Stats. 2005, Ch. 657, Sec. 15. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7838.

7838. A civil engineer empowered to practice civil engineering in this state, and a petroleum engineer registered in this state, under provisions of Chapter 7 (commencing with Section 6700) of Division 3 of this code insofar as they practice civil engineering in its various branches or petroleum engineering, respectively, are exempt from registration under the provisions of this chapter.
(Added by Stats. 1968, Ch. 942.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7839.

7839. This chapter shall not empower a geologist or geophysicist registered under this chapter to practice or offer to practice civil engineering and any of its various recognized branches.
(Amended by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7839.1.

7839.1. This chapter shall not empower a geologist registered under this chapter to practice or offer to practice geophysics for others in this state except as such geophysical work is related to his practice of geology.
This chapter shall not empower a geophysicist registered under this chapter to practice or offer to practice geology for others in this state except as such geological work is related to his practice of geophysics.
(Added by Stats. 1972, Ch. 1396.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 3 - Scope of Regulation › Section 7839.2.

7839.2. (a) A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the client’s representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:
(1) A description of the services to be provided to the client by the professional geologist or professional geophysicist.
(2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.
(3) The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.
(4) A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.
(5) A description of the procedure to be used by both parties to terminate the contract.
(b) Subdivision (a) shall not apply to any of the following:
(1) Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.
(2) A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.
(3) If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.
(4) Geological or geophysical services rendered by a geologist or geophysicist to any of the following:
(A) A geologist or geophysicist licensed under this chapter.
(B) An engineer licensed under Chapter 7 (commencing with Section 6700).
(C) A land surveyor licensed under Chapter 15 (commencing with Section 8700).
(D) An architect licensed under Chapter 3 (commencing with Section 5500).
(E) A contractor licensed under Chapter 9 (commencing with Section 7000).
(F) A public agency.
(c) As used in this section, “written contract” includes a contract in electronic form.
(Amended by Stats. 2015, Ch. 428, Sec. 16. (AB 177) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 12.5 - Geologists and Geophysicists › ARTICLE 4 - Registration › Section 7840.

7840. An application for licensure as a geologist, certification in a specialty in geology, certification as a geologist-in-training, licensure as a geophysicist, or certification in a specialty in geophysics shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter.
(Amended by Stats. 2018, Ch. 154, Sec. 1. (SB 1098) Effective January 1, 2019.)