reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 123.5.

123.5. Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining such conduct on application of a board, the Attorney General or the district attorney of the county.
The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other provision of law.
(Added by renumbering Section 497 by Stats. 1989, Ch. 1022, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 124.

124. Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), or Chapter 5 (commencing with Section 11500), of Part 1 of Division 3 of Title 2 of the Government Code, is required to be given by any board in the department, the notice may be given by regular mail addressed to the last known address of the licensee or by personal service, at the option of the board.
(Amended by Stats. 2019, Ch. 351, Sec. 25. (AB 496) Effective January 1, 2020. Operative July 1, 1997, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 125.

125. Any person, licensed under Division 1 (commencing with Section 100), Division 2 (commencing with Section 500), or Division 3 (commencing with Section 5000) is guilty of a misdemeanor and subject to the disciplinary provisions of this code applicable to them, who conspires with a person not so licensed to violate any provision of this code, or who, with intent to aid or assist that person in violating those provisions does either of the following:
(a) Allows their license to be used by that person.
(b) Acts as their agent or partner.
(Amended by Stats. 2019, Ch. 351, Sec. 26. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 125.5.

125.5. (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, issue an injunction or other appropriate order restraining such conduct. The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. As used in this section, “board” includes commission, bureau, division, agency and a medical quality review committee.
(b) The superior court for the county in which any person has engaged in any act which constitutes a violation of a chapter of this code administered or enforced by a board within the department may, upon a petition filed by the board with the approval of the director, order such person to make restitution to persons injured as a result of such violation.
(c) The court may order a person subject to an injunction or restraining order, provided for in subdivision (a) of this section, or subject to an order requiring restitution pursuant to subdivision (b), to reimburse the petitioning board for expenses incurred by the board in its investigation related to its petition.
(d) The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other section of this code.
(Amended by Stats. 1982, Ch. 517, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 125.6.

125.6. (a) (1) With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the disciplinary provisions of this code applicable to that person if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person refuses to perform the licensed activity or aids or incites the refusal to perform that licensed activity by another licensee, or if, because of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, the person makes any discrimination, or restriction in the performance of the licensed activity.
(2) Nothing in this section shall be interpreted to prevent a physician or health care professional licensed pursuant to Division 2 (commencing with Section 500) from considering any of the characteristics of a patient listed in subdivision (b) or (e) of Section 51 of the Civil Code if that consideration is medically necessary and for the sole purpose of determining the appropriate diagnosis or treatment of the patient.
(3) Nothing in this section shall be interpreted to apply to discrimination by employers with regard to employees or prospective employees, nor shall this section authorize action against any club license issued pursuant to Article 4 (commencing with Section 23425) of Chapter 3 of Division 9 because of discriminatory membership policy.
(4) The presence of architectural barriers to an individual with physical disabilities that conform to applicable state or local building codes and regulations shall not constitute discrimination under this section.
(b) (1) Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to permit an individual to participate in, or benefit from, the licensed activity of the licensee where that individual poses a direct threat to the health or safety of others. For this purpose, the term “direct threat” means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids and services.
(2) Nothing in this section requires a person licensed pursuant to Division 2 (commencing with Section 500) to perform a licensed activity for which the person is not qualified to perform.
(c) (1) “Applicant,” as used in this section, means a person applying for licensed services provided by a person licensed under this code.
(2) “License,” as used in this section, includes “certificate,” “permit,” “authority,” and “registration” or any other indicia giving authorization to engage in a business or profession regulated by this code.
(Amended by Stats. 2019, Ch. 351, Sec. 28. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 125.8.

125.8. In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 3 (commencing with Section 5000) or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8 has engaged or is about to engage in any act which constitutes a violation of a chapter of this code administered or enforced by a board referred to in Division 3 (commencing with Section 5000) or Chapter 2 (commencing with Section 18600) or Chapter 3 (commencing with Section 19000) of Division 8 may, upon a petition filed by the board and accompanied by an affidavit or affidavits in support thereof and a memorandum of points and authorities, issue a temporary restraining order or other appropriate order restraining the licensee from engaging in the business or profession for which the person is licensed or from any part thereof, in accordance with the provisions of this section.
(a) If the affidavits in support of the petition show that the licensee has engaged or is about to engage in acts or omissions constituting a violation of a chapter of this code and if the court is satisfied that permitting the licensee to continue to engage in the business or profession for which the license was issued will endanger the public health, safety, or welfare, the court may issue an order temporarily restraining the licensee from engaging in the profession for which he is licensed.
(b) Such order may not be issued without notice to the licensee unless it appears from facts shown by the affidavits that serious injury would result to the public before the matter can be heard on notice.
(c) Except as otherwise specifically provided by this section, proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(d) When a restraining order is issued pursuant to this section, or within a time to be allowed by the superior court, but in any case not more than 30 days after the restraining order is issued, an accusation shall be filed with the board pursuant to Section 11503 of the Government Code. The accusation shall be served upon the licensee as provided by Section 11505 of the Government Code. The licensee shall have all of the rights and privileges available as specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code; however, if the licensee requests a hearing on the accusation, the board must provide the licensee with a hearing within 30 days of the request and a decision within 15 days of the date of the conclusion of the hearing, or the court may nullify the restraining order previously issued. Any restraining order issued pursuant to this section shall be dissolved by operation of law at such time the board’s decision is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.
(Amended by Stats. 1982, Ch. 517, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 126.

126. Notwithstanding any other provision of this code, any board, commission, examining committee, or other similarly constituted agency within the department required prior to the effective date of this section to submit reports to the Governor under any provision of this code shall not be required to submit such reports.
(Added by Stats. 1967, Ch. 660.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 127.

127. Notwithstanding any other provision of this code, the director may require such reports from any board, commission, examining committee, or other similarly constituted agency within the department as the director deems reasonably necessary on any phase of their operations.
(Amended by Stats. 2019, Ch. 351, Sec. 30. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 128.

128. Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment, supplies, or services are to be used in the performance of a service or contract in violation of the licensing requirements of this code.
The provisions of this section shall not be applicable to cash sales of less than one hundred dollars ($100).
For the purposes of this section, “person” includes, but is not limited to, a company, partnership, limited liability company, firm, or corporation.
For the purposes of this section, “license” includes certificate or registration.
A violation of this section shall be punishable by a fine of not less than one thousand dollars ($1,000) and by imprisonment in the county jail not exceeding six months.
(Amended by Stats. 1994, Ch. 1010, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 128.5.

128.5. (a) Notwithstanding any other provision of law, if at the end of any fiscal year, an agency within the Department of Consumer Affairs, except the agencies referred to in subdivision (b), has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years.
(b) Notwithstanding any other provision of law, if at the end of any fiscal year, the California Architects Board, the Board of Behavioral Sciences, the Veterinary Medical Board, the Court Reporters Board of California, the Medical Board of California, the Board of Vocational Nursing and Psychiatric Technicians, or the Bureau of Security and Investigative Services has unencumbered funds in an amount that equals or is more than the agency’s operating budget for the next two fiscal years, the agency shall reduce license or other fees, whether the license or other fees be fixed by statute or may be determined by the agency within limits fixed by statute, during the following fiscal year in an amount that will reduce any surplus funds of the agency to an amount less than the agency’s operating budget for the next two fiscal years.
(Amended by Stats. 2009, Ch. 308, Sec. 3. (SB 819) Effective January 1, 2010.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 129.

129. (a) As used in this section, “board” means every board, bureau, commission, committee, and similarly constituted agency in the department that issues licenses.
(b) Each board shall, upon receipt of any complaint respecting an individual licensed by the board, notify the complainant of the initial administrative action taken on the complainant’s complaint within 10 days of receipt. Each board shall notify the complainant of the final action taken on the complainant’s complaint. There shall be a notification made in every case in which the complainant is known. If the complaint is not within the jurisdiction of the board or if the board is unable to dispose satisfactorily of the complaint, the board shall transmit the complaint together with any evidence or information it has concerning the complaint to the agency, public or private, whose authority in the opinion of the board will provide the most effective means to secure the relief sought. The board shall notify the complainant of this action and of any other means that may be available to the complainant to secure relief.
(c) The board shall, when the board deems it appropriate, notify the person against whom the complaint is made of the nature of the complaint, may request appropriate relief for the complainant, and may meet and confer with the complainant and the licensee in order to mediate the complaint. Nothing in this subdivision shall be construed as authorizing or requiring any board to set or to modify any fee charged by a licensee.
(d) It shall be the continuing duty of the board to ascertain patterns of complaints and to report on all actions taken with respect to those patterns of complaints to the director and to the Legislature at least once per year. The board shall evaluate those complaints dismissed for lack of jurisdiction or no violation and recommend to the director and to the Legislature at least once per year the statutory changes it deems necessary to implement the board’s functions and responsibilities under this section.
(e) It shall be the continuing duty of the board to take whatever action it deems necessary, with the approval of the director, to inform the public of its functions under this section.
(f) Notwithstanding any other law, upon receipt of a child custody evaluation report submitted to a court pursuant to Chapter 6 (commencing with Section 3110) of Part 2 of Division 8 of the Family Code, the board shall notify the noncomplaining party in the underlying custody dispute, who is a subject of that report, of the pending investigation.
(Amended by Stats. 2019, Ch. 351, Sec. 31. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 130.

130. (a) Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on June 1.
(b) Subdivision (a) applies to the following boards or committees:
(1) The Medical Board of California.
(2) The Podiatric Medical Board of California.
(3) The Physical Therapy Board of California.
(4) The Board of Registered Nursing, except as provided in subdivision (c) of Section 2703.
(5) The Board of Vocational Nursing and Psychiatric Technicians.
(6) The California State Board of Optometry.
(7) The California State Board of Pharmacy.
(8) The Veterinary Medical Board.
(9) The California Architects Board.
(10) The Landscape Architect Technical Committee.
(11) The Board for Professional Engineers and Land Surveyors.
(12) The Contractors State License Board.
(13) The Board of Behavioral Sciences.
(14) The Court Reporters Board of California.
(15) The State Athletic Commission.
(16) The Osteopathic Medical Board of California.
(17) The Respiratory Care Board of California.
(18) The Acupuncture Board.
(19) The Board of Psychology.
(20) The Structural Pest Control Board.
(Amended by Stats. 2021, Ch. 630, Sec. 3. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 131.

131. Notwithstanding any other provision of law, no member of an agency designated in subdivision (b) of Section 130 or member of a board, commission, committee, or similarly constituted agency in the department shall serve more than two consecutive full terms.
(Amended by Stats. 1987, Ch. 850, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 132.

132. No board, commission, examining committee, or any other agency within the department may institute or join any legal action against any other agency within the state or federal government without the permission of the director.
Prior to instituting or joining in a legal action against an agency of the state or federal government, a board, commission, examining committee, or any other agency within the department shall present a written request to the director to do so.
Within 30 days of receipt of the request, the director shall communicate the director’s approval or denial of the request and the director’s reasons for approval or denial to the requesting agency in writing. If the director does not act within 30 days, the request shall be deemed approved.
A requesting agency within the department may override the director’s denial of its request to institute or join a legal action against a state or federal agency by a two-thirds vote of the members of the board, commission, examining committee, or other agency, which vote shall include the vote of at least one public member of that board, commission, examining committee, or other agency.
(Amended by Stats. 2019, Ch. 351, Sec. 33. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 134.

134. When the term of any license issued by any agency in the department exceeds one year, initial license fees for licenses which are issued during a current license term shall be prorated on a yearly basis.
(Amended by Stats. 1978, Ch. 1161.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 135.

135. No agency in the department shall, on the basis of an applicant’s failure to successfully complete prior examinations, impose any additional limitations, restrictions, prerequisites, or requirements on any applicant who wishes to participate in subsequent examinations except that any examining agency which allows an applicant conditional credit for successfully completing a divisible part of an examination may require that an applicant be reexamined in those parts successfully completed if such applicant has not successfully completed all parts of the examination within a required period of time established by the examining agency. Nothing in this section, however, requires the exemption of such applicant from the regular fees and requirements normally associated with examinations.
(Added by Stats. 1974, Ch. 743.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 135.4.

135.4. (a) Notwithstanding any other law, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the board that they have been admitted to the United States as a refugee under Section 1157 of Title 8 of the United States Code, have been granted asylum by the Secretary of Homeland Security or the Attorney General of the United States pursuant to Section 1158 of Title 8 of the United States Code, or they have a special immigrant visa (SIV) that has been granted a status under Section 1244 of Public Law 110-181, under Public Law 109-163, or under Section 602(b) of Title VI of Division F of Public Law 111-8.
(b) Nothing in this section shall be construed as changing existing licensure requirements. A person applying for expedited licensure under subdivision (a) shall meet all applicable statutory and regulatory licensure requirements.
(c) A board may adopt regulations necessary to administer this section.
(Added by Stats. 2020, Ch. 186, Sec. 1. (AB 2113) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 135.5.

135.5. (a) The Legislature finds and declares that it is in the best interests of the State of California to provide persons who are not lawfully present in the United States with the state benefits provided by all licensing acts of entities within the department, and therefore enacts this section pursuant to subsection (d) of Section 1621 of Title 8 of the United States Code.
(b) Notwithstanding subdivision (a) of Section 30, and except as required by subdivision (e) of Section 7583.23, no entity within the department shall deny licensure to an applicant based on his or her citizenship status or immigration status.
(c) Every board within the department shall implement all required regulatory or procedural changes necessary to implement this section no later than January 1, 2016. A board may implement the provisions of this section at any time prior to January 1, 2016.
(Added by Stats. 2014, Ch. 752, Sec. 2. (SB 1159) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 136.

136. (a) Each person holding a license, certificate, registration, permit, or other authority to engage in a profession or occupation issued by a board within the department shall notify the issuing board at its principal office of any change in the person’s mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period.
(b) Except as otherwise provided by law, failure of a licensee to comply with the requirement in subdivision (a) constitutes grounds for the issuance of a citation and administrative fine, if the board has the authority to issue citations and administrative fines.
(Amended by Stats. 2019, Ch. 351, Sec. 34. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 137.

137. Any agency within the department may promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other presentments to the public.
However, nothing in this section shall be construed to authorize regulation of any person not a licensee who engages in advertising, solicitation, or who makes any other presentment to the public on behalf of a licensee. Such a person shall incur no liability pursuant to this section for communicating in any advertising, soliciting, or other presentment to the public a licensee’s license number exactly as provided by the licensee or for failure to communicate such number if none is provided by the licensee.
(Amended by Stats. 2019, Ch. 351, Sec. 35. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 138.

138. Every board in the department, as defined in Section 22, shall initiate the process of adopting regulations on or before June 30, 1999, to require its licensees, as defined in Section 23.8, to provide notice to their clients or customers that the practitioner is licensed by this state. A board shall be exempt from the requirement to adopt regulations pursuant to this section if the board has in place, in statute or regulation, a requirement that provides for consumer notice of a practitioner’s status as a licensee of this state.
(Amended by Stats. 2019, Ch. 351, Sec. 36. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 139.5.

139.5. Beginning July 1, 2021, each board, as defined in Section 22, within the department that issues a license shall do both of the following on at least a quarterly basis:
(a) Prominently display on its internet website one of the following:
(1) The current average timeframes for processing initial and renewal license applications.
(2) The combined current average timeframe for processing both initial and renewal license applications.
(b) Prominently display on its internet website one of the following:
(1) The current average timeframes for processing each license type that the board administers.
(2) The combined current average timeframe for processing all license types that the board administers.
(Added by Stats. 2020, Ch. 131, Sec. 1. (SB 878) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 140.

140. Any board, as defined in Section 22, which is authorized under this code to take disciplinary action against a person who holds a license may take disciplinary action upon the ground that the licensee has failed to record and preserve for not less than three years, any and all cash transactions involved in the payment of employee wages by a licensee. Failure to make these records available to an authorized representative of the board may be made grounds for disciplinary action. In any action brought and sustained by the board which involves a violation of this section and any regulation adopted thereto, the board may assess the licensee with the actual investigative costs incurred, not to exceed two thousand five hundred dollars ($2,500). Failure to pay those costs may result in revocation of the license. Any moneys collected pursuant to this section shall be deposited in the respective fund of the board.
(Added by Stats. 1984, Ch. 1490, Sec. 2. Effective September 27, 1984.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 141.

141. (a) For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency of the federal government, or by another country for any act substantially related to the practice regulated by the California license, may be a ground for disciplinary action by the respective state licensing board. A certified copy of the record of the disciplinary action taken against the licensee by another state, an agency of the federal government, or another country shall be conclusive evidence of the events related therein.
(b) Nothing in this section shall preclude a board from applying a specific statutory provision in the licensing act administered by that board that provides for discipline based upon a disciplinary action taken against the licensee by another state, an agency of the federal government, or another country.
(Added by Stats. 1994, Ch. 1275, Sec. 2. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 142.

142. This section shall apply to the bureaus and programs under the direct authority of the director, and to any board that, with the prior approval of the director, elects to have the department administer one or more of the licensing services set forth in this section.
(a) Notwithstanding any other provision of law, each bureau and program may synchronize the renewal dates of licenses granted to applicants with more than one license issued by the bureau or program. To the extent practicable, fees shall be prorated or adjusted so that no applicant shall be required to pay a greater or lesser fee than he or she would have been required to pay if the change in renewal dates had not occurred.
(b) Notwithstanding any other provision of law, the abandonment date for an application that has been returned to the applicant as incomplete shall be 12 months from the date of returning the application.
(c) Notwithstanding any other provision of law, a delinquency, penalty, or late fee shall be assessed if the renewal fee is not postmarked by the renewal expiration date.
(Added by Stats. 1998, Ch. 970, Sec. 2. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 143.

143. (a) No person engaged in any business or profession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract for which a license is required without alleging and proving that he or she was duly licensed at all times during the performance of that act or contract, regardless of the merits of the cause of action brought by the person.
(b) The judicial doctrine of substantial compliance shall not apply to this section.
(c) This section shall not apply to an act or contract that is considered to qualify as lawful practice of a licensed occupation or profession pursuant to Section 121.
(Added by Stats. 1990, Ch. 1207, Sec. 1.5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 143.5.

143.5. (a) No licensee who is regulated by a board, bureau, or program within the Department of Consumer Affairs, nor an entity or person acting as an authorized agent of a licensee, shall include or permit to be included a provision in an agreement to settle a civil dispute, whether the agreement is made before or after the commencement of a civil action, that prohibits the other party in that dispute from contacting, filing a complaint with, or cooperating with the department, board, bureau, or program within the Department of Consumer Affairs that regulates the licensee or that requires the other party to withdraw a complaint from the department, board, bureau, or program within the Department of Consumer Affairs that regulates the licensee. A provision of that nature is void as against public policy, and any licensee who includes or permits to be included a provision of that nature in a settlement agreement is subject to disciplinary action by the board, bureau, or program.
(b) Any board, bureau, or program within the Department of Consumer Affairs that takes disciplinary action against a licensee or licensees based on a complaint or report that has also been the subject of a civil action and that has been settled for monetary damages providing for full and final satisfaction of the parties may not require its licensee or licensees to pay any additional sums to the benefit of any plaintiff in the civil action.
(c) As used in this section, “board” shall have the same meaning as defined in Section 22, and “licensee” means a person who has been granted a license, as that term is defined in Section 23.7.
(d) Notwithstanding any other law, upon granting a petition filed by a licensee or authorized agent of a licensee pursuant to Section 11340.6 of the Government Code, a board, bureau, or program within the Department of Consumer Affairs may, based upon evidence and legal authorities cited in the petition, adopt a regulation that does both of the following:
(1) Identifies a code section or jury instruction in a civil cause of action that has no relevance to the board’s, bureau’s, or program’s enforcement responsibilities such that an agreement to settle such a cause of action based on that code section or jury instruction otherwise prohibited under subdivision (a) will not impair the board’s, bureau’s, or program’s duty to protect the public.
(2) Exempts agreements to settle such a cause of action from the requirements of subdivision (a).
(e) This section shall not apply to a licensee subject to Section 2220.7.
(Added by Stats. 2012, Ch. 561, Sec. 1. (AB 2570) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 144.

144. (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.
(b) Subdivision (a) applies to the following:
(1) California Board of Accountancy.
(2) State Athletic Commission.
(3) Board of Behavioral Sciences.
(4) Court Reporters Board of California.
(5) Dental Board of California.
(6) California State Board of Pharmacy.
(7) Board of Registered Nursing.
(8) Veterinary Medical Board.
(9) Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(10) Respiratory Care Board of California.
(11) Physical Therapy Board of California.
(12) Physician Assistant Board.
(13) Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.
(14) Medical Board of California.
(15) California State Board of Optometry.
(16) Acupuncture Board.
(17) Cemetery and Funeral Bureau.
(18) Bureau of Security and Investigative Services.
(19) Division of Investigation.
(20) Board of Psychology.
(21) California Board of Occupational Therapy.
(22) Structural Pest Control Board.
(23) Contractors State License Board.
(24) Naturopathic Medicine Committee.
(25) Professional Fiduciaries Bureau.
(26) Board for Professional Engineers, Land Surveyors, and Geologists.
(27) Podiatric Medical Board of California.
(28) Osteopathic Medical Board of California.
(29) California Architects Board, beginning January 1, 2021.
(30) Landscape Architects Technical Committee, beginning January 1, 2022.
(31) Bureau of Household Goods and Services with respect to household movers as described in Chapter 3.1 (commencing with Section 19225) of Division 8.
(c) For purposes of paragraph (26) of subdivision (b), the term “applicant” shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category.
(Amended by Stats. 2021, Ch. 630, Sec. 4.5. (AB 1534) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1 - The Department › Section 144.5.

144.5. Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to complete an applicant or licensee investigation. A local or state agency may provide those records to the board upon request.
(Added by Stats. 2013, Ch. 516, Sec. 1. (SB 305) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1.5 - Unlicensed Activity Enforcement › Section 145.

145. The Legislature finds and declares that:
(a) Unlicensed activity in the professions and vocations regulated by the Department of Consumer Affairs is a threat to the health, welfare, and safety of the people of the State of California.
(b) The law enforcement agencies of the state should have sufficient, effective, and responsible means available to enforce the licensing laws of the state.
(c) The criminal sanction for unlicensed activity should be swift, effective, appropriate, and create a strong incentive to obtain a license.
(Added by Stats. 1992, Ch. 1135, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1.5 - Unlicensed Activity Enforcement › Section 146.

146. (a) Notwithstanding any other provision of law, a violation of any code section listed in subdivision (c) is an infraction subject to the procedures described in Sections 19.6 and 19.7 of the Penal Code when either of the following applies:
(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 unless the defendant, at the time they are arraigned, after being advised of their rights, elects to have the case proceed as a misdemeanor.
(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) Subdivision (a) does not apply to a violation of the code sections listed in subdivision (c) if the defendant has had their license, registration, or certificate previously revoked or suspended.
(c) The following sections require registration, licensure, certification, or other authorization in order to engage in certain businesses or professions regulated by this code:
(1) Section 2474.
(2) Sections 2052 and 2054.
(3) Section 2570.3.
(4) Section 2630.
(5) Section 2903.
(6) Section 3575.
(7) Section 3660.
(8) Sections 3760 and 3761.
(9) Section 4080.
(10) Section 4825.
(11) Section 4935.
(12) Section 4980.
(13) Section 4989.50.
(14) Section 4996.
(15) Section 4999.30.
(16) Section 5536.
(17) Section 6530 or 6532.
(18) Section 6704.
(19) Section 6980.10.
(20) Section 7317.
(21) Section 7502 or 7592.
(22) Section 7520.
(23) Section 7617 or 7641.
(24) Subdivision (a) of Section 7872.
(25) Section 8016.
(26) Section 8505.
(27) Section 8725.
(28) Section 9681.
(29) Section 9840.
(30) Subdivision (c) of Section 9891.24.
(31) Section 19049.
(d) Notwithstanding any other law, a violation of any of the sections listed in subdivision (c), 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). No portion of the minimum fine may be suspended by the court unless as a condition of that suspension the defendant is required to submit proof of a current valid license, registration, or certificate for the profession or vocation that was the basis for their conviction.
(Amended by Stats. 2023, Ch. 680, Sec. 1. (AB 1262) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1.5 - Unlicensed Activity Enforcement › Section 147.

147. (a) Any employee 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. Employees so designated are not peace officers and are not entitled to safety member retirement benefits, as a result of such designation. The employee’s authority is limited to the issuance of written notices to appear for infraction violations of provisions of this code and only when the violation is committed in the presence of the employee.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, 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 person, at the time of such arrest, had reasonable cause to believe was lawful.
(Added by Stats. 1992, Ch. 1135, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1.5 - Unlicensed Activity Enforcement › Section 148.

148. Any board, bureau, or commission within the department may, in addition to the administrative citation system authorized by Section 125.9, also establish, by regulation, a similar system for the issuance of an administrative citation to an unlicensed person who is acting in the capacity of a licensee or registrant under the jurisdiction of that board, bureau, or commission. The administrative citation system authorized by this section shall meet the requirements of Section 125.9 and may not be applied to an unlicensed person who is otherwise exempted from the provisions of the applicable licensing act. The establishment of an administrative citation system for unlicensed activity does not preclude the use of other enforcement statutes for unlicensed activities at the discretion of the board, bureau, or commission.
(Added by Stats. 1992, Ch. 1135, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 1.5 - Unlicensed Activity Enforcement › Section 149.

149. (a) If, upon investigation, an agency designated in Section 101 has probable cause to believe that a person is advertising with respect to the offering or performance of services, without being properly licensed by or registered with the agency to offer or perform those services, the agency may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency in writing that he or she intends to contest the citation. The agency shall afford an opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service.
(Amended by Stats. 2014, Ch. 395, Sec. 2. (SB 1243) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 151.

151. The director is appointed by the Governor and holds office at the Governor’s pleasure. The director shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, and the director’s necessary traveling expenses.
(Amended by Stats. 2019, Ch. 351, Sec. 38. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 152.

152. For the purpose of administration, the reregistration and clerical work of the department is organized by the director, subject to the approval of the Governor, in such manner as the director deems necessary to properly segregate and conduct the work of the department.
(Amended by Stats. 2020, Ch. 370, Sec. 2. (SB 1371) Effective January 1, 2021.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 152.5.

152.5. For purposes of distributing the reregistration work of the department uniformly throughout the year as nearly as practicable, the boards in the department may, with the approval of the director, extend by not more than six months the date fixed by law for the renewal of any license, certificate or permit issued by them, except that in such event any renewal fee which may be involved shall be prorated in such manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred.
(Added by Stats. 1959, Ch. 1707.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 152.6.

152.6. Notwithstanding any other provision of this code, each board within the department shall, in cooperation with the director, establish such license periods and renewal dates for all licenses in such manner as best to distribute the renewal work of all boards throughout each year and permit the most efficient, and economical use of personnel and equipment. To the extent practicable, provision shall be made for the proration or other adjustment of fees in such manner that no person shall be required to pay a greater or lesser fee than the person would have been required to pay if the change in license periods or renewal dates had not occurred.
As used in this section “license” includes “certificate,” “permit,” “authority,” “registration,” and similar indicia of authority to engage in a business or profession, and “board” includes “board,” “bureau,” “commission,” “committee,” and an individual who is authorized to renew a license.
(Amended by Stats. 2019, Ch. 351, Sec. 40. (AB 496) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 1 - DEPARTMENT OF CONSUMER AFFAIRS › CHAPTER 2 - The Director of Consumer Affairs › Section 153.

153. The director may investigate the work of the boards in the department and may obtain a copy of all records and full and complete data in all official matters in possession of the boards and their members, officers, or employees, other than examination questions prior to submission to applicants at scheduled examinations.
(Amended by Stats. 2019, Ch. 351, Sec. 41. (AB 496) Effective January 1, 2020.)