reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 5 - Examination › Section 4500 - Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Once an
				applicant is deemed eligible to take the licensing examination, the applicant
				has twelve (12) months in which to achieve a passing score. If an applicant
				initially fails to pass the examination the applicant may sit for
				re-examination a maximum of four times within the twelve (12) month eligibility
				period not to exceed one re-examination attempt every 30 days.
(b) The licensing examination shall include a
				portion that is specific to California law.
1. New article
				  5 (section
				  4500) and section filed 11-26-2007
				  as an emergency; operative 11-26-2007 (Register 2007, No. 48). A Certificate of
				  Compliance must be transmitted to OAL by 5-27-2008 or emergency language will
				  be repealed by operation of law on the following day.
2. Certificate
				  of Compliance as to 11-26-2007 order, including amendment of subsection (a) and
				  repealer and new subsection (b), transmitted to OAL 5-28-2008 and filed
				  6-16-2008 (Register 2008, No. 25).
Note: Authority cited: Sections
					 6517
					 and
					 6539,
					 Business and Professions Code. Reference: Sections
					 6518,
					 6533
					 and
					 6539,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 6 - License Denial › Section 4520 - Substantially Related Criteria for Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of the denial of a
				license pursuant to Division 1.5 (commencing with Section
				475) of the Business and
				Professions Code, a crime, professional misconduct, or act shall be considered
				to be substantially related to the qualifications, functions, or duties of a
				professional fiduciary if to a substantial degree it evidences present or
				potential unfitness of a person holding a professional fiduciary license to
				perform the functions authorized by the license in a manner consistent with the
				public health, safety, or welfare.
(b) In making the determination required for
				the denial of a license for the conviction of a crime substantially related to
				the qualifications, functions, or duties of a professional fiduciary, all of
				the following criteria shall be considered:
(1) The nature and gravity of the
				offense;
(2) The number of years
				elapsed since the date of the offense; and
(3) The nature and duties of a professional
				fiduciary.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 6 - License Denial › Section 4521 - Criteria to Aid in Determining if Felony Financial Crimes Are Directly and Adversely Related to Fiduciary Qualifications, Functions, or Duties of a Licensee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Section
				  480, subdivision (a)(1)(B)(ii) of
				  the Business and Professions Code, a financial crime that is classified as a
				  felony, including felony conspiracy or felony attempt to commit that crime,
				  shall be considered to be directly and adversely related to the fiduciary
				  qualifications, functions, or duties of a professional fiduciary if it involves
				  dishonesty, fraud, deceit, or theft that resulted in or could have resulted in
				  either:
(i) direct financial benefit
				to the applicant or another person, estate, or trust, or
(ii) direct financial harm to another person,
				estate, or trust. Financial crimes that are directly and adversely related to
				the fiduciary qualifications, functions, or duties of a professional fiduciary
				shall include, but are not limited to, the following:
(a) Crimes involving the acquisition or
				provision of false, altered, forged, counterfeit, or fraudulent statements or
				documents.
(b) Crimes involving
				stolen property, embezzlement, money laundering, fraud, theft, grand theft,
				larceny, burglary, identity theft, or obtaining money, labor, or property under
				false pretenses.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 6 - License Denial › Section 4522 - Rehabilitation Criteria for Denial of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial of a license
				under Section
				480 or Section
				6536, subdivision (b) of the
				Business and Professions Code on the ground that the applicant has been
				convicted of a crime substantially related to the qualifications, functions, or
				duties of a professional fiduciary, the Bureau shall consider whether the
				applicant made a showing of rehabilitation, if the applicant completed the
				criminal sentence at issue without a violation of parole or probation. In
				making this determination, the Bureau shall consider the following criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 7 - Reporting Duties of Licensee › Section 4540 - Annual Reporting Requirements of Licensee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee is required to file an annual
				statement that complies with the requirements of Section
				4542, within sixty (60) days from
				the date of issuance of a license as a professional fiduciary. A licensee may
				be subject to cite or fine or disciplinary action for failure to comply with
				this subdivision.
(b) A licensee is
				required to file an annual statement that complies with the requirements of
				Section 4542 no later than sixty (60) days
				prior to the expiration of the license. A licensee may be subject to cite or
				fine or disciplinary action for failure to comply with this
				subdivision.
(c) If an annual
				statement is filed electronically, the licensee shall fill out the form
				completely and print and mail in a signed copy within five business days of the
				electronic filing. The signed copy must be received by the Bureau within the
				timeframes established in subdivisions (a) and (b) for compliance.
1. New article
				  7 (sections
				  4540-4542) and section filed
				  11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48). A
				  Certificate of Compliance must be transmitted to OAL by 5-27-2008 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 11-26-2007 order, including
				  amendment of section heading and section, transmitted to OAL 5-28-2008 and
				  filed 6-16-2008 (Register 2008, No. 25).
Note: Authority cited: Section
					 6517,
					 Business and Professions Code. Reference: Sections
					 6534
					 and
					 6561,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 7 - Reporting Duties of Licensee › Section 4544 - Ongoing Reporting Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				licensee has a duty to report the following information to the Bureau within
				fifteen (15) business days of the following occurrences:
(1) Any change to addresses and telephone
				numbers for the licensee's place of business or place of residence.
(2) If the licensee is removed as a fiduciary
				by the court for breach of trust, the date, case name, court location, and case
				number associated with the removal. The licensee shall submit a record of the
				court findings and orders related to the case. The licensee may file an
				additional statement of the issues and facts of the case.
(3) If the licensee files for bankruptcy or
				holds a controlling financial interest in a business that files for
				bankruptcy.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8 - Renewal of License › Section 4560 - Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A license may
				be renewed for a period of twelve (12) months.
(b) For license renewal, a licensee shall
				have met the annual reporting requirements of subdivision (b) of Section
				4540, show proof of compliance
				with the continuing education requirements of Section
				4442, and submit the renewal fee
				as required in Section
				4580.
(c) For the first license renewal following
				the initial license period as provided in Section
				4428, each licensee shall comply
				with the continued education requirements of Section
				4442.
(d) This section does not apply to a license
				placed in an inactive or retired status pursuant to Section
				4564 or
				4572. The requirements for renewal
				of a license placed in an inactive status are set forth in Section
				4567.
1. New article
				  8 (sections
				  4560-4562) and section filed
				  6-16-2008; operative 6-16-2008 (Register 2008, No. 25).
2. New
				  subsection (d) and amendment of NOTE filed 10-25-2022; operative 1-1-2023
				  (Register 2022, No. 43).
Note: Authority cited: Sections
					 152.6,
					 462,
					 6517
					 and
					 6542,
					 Business and Professions Code. Reference: Sections
					 152.6,
					 462,
					 6538,
					 6541,
					 6542,
					 6561
					 and
					 6592,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8 - Renewal of License › Section 4562 - Delinquency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as
				otherwise provided by law, a license which has expired may be renewed upon the
				filing of an application for renewal and payment of the renewal fee.
(b) If a license is renewed more than thirty
				(30) days after its expiration, the licensee, as a condition prior to renewal,
				shall also pay the late delinquency fee required in Section
				4580.
(c) Delinquency fees and accrued and unpaid
				renewal fees shall not apply to a license placed in an inactive or retired
				status pursuant to Section
				4564 or
				4572.
1. New section
				  filed 6-16-2008; operative 6-16-2008 (Register 2008, No. 25).
2. New
				  subsection (c) and amendment of NOTE filed 10-25-2022; operative 1-1-2023
				  (Register 2022, No. 43).
Note: Authority cited: Section
					 6592,
					 Business and Professions Code. Reference: Sections
					 121.5,
					 163.5,
					 462,
					 6541
					 and
					 6592,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4563 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article, the following terms have the
				  following meanings:
(a) "Annual
				statement" means an annual statement that complies with the requirements of
				Section 4542.
(b) "Delinquent" means that a license is
				expired and subject to the late delinquency fee required in Section
				4580.
(c) "Inactive license" means a license placed
				in an inactive status pursuant to Section
				4564.
(d) "In good standing," in reference to a
				license, means that a license is not subject to an order, action, or status as
				defined in Business and Professions Code section
				6542(b),
				or expired, delinquent, or surrendered.
1. New article
				  8.1 (sections
				  4563-4570) and section filed
				  10-25-2022; operative 1-1-2023 (Register 2022, No.
				  43).
Note: Authority cited: Sections
					 462
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 125.3,
					 125.9,
					 142,
					 163.5,
					 462,
					 6535,
					 6541
					 and
					 6542,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4564 - Placement of License in Inactive Status; Effect

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon application to the Bureau pursuant
				to Section
				4566, an eligible licensee, as
				described in Section
				4565, may have their license
				placed in an inactive status. Placement in an inactive status shall occur on
				the first day of the next renewal period.
(b) The holder of an inactive license shall
				not engage in any professional fiduciary activity for which a license is
				required unless exempt under the Act.
(c) The holder of an inactive license shall
				not identify as a "licensed professional fiduciary" as provided in Section
				6532
				of the Business and Professions Code unless the licensee qualifies that title
				immediately before or after with the word "inactive."
(d)
(1)
				Pursuant to Business and Professions Code 462, subdivision (b)(2), the holder
				of an inactive license is not required to complete continuing education as a
				condition of renewal pursuant to Section
				4567 of this Article.
(2) The holder of an inactive license shall
				remain subject to the annual reporting duties of Section
				4540, including filing of an
				annual statement, and the ongoing reporting duties of Section
				4544.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4565 - Eligibility for Placement of License in Inactive Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee shall be eligible to place their license in an
				  inactive status under the following conditions:
(a)
(1) For
				applications submitted on or before January 1, 2024, the license may be active,
				placed in a retired status, expired, or delinquent.
(2) For applications submitted after January
				1, 2024, the license shall either be active or placed in a retired status and
				shall not be expired or delinquent.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4566 - Application for Placement of License in Inactive Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to have a license placed in an inactive status, an
				  eligible licensee shall submit to the Bureau all of the following:
(a) An application that contains all of the
				following:
(1) Full name as it appears on the
				license, address, phone number, and email address of the licensee.
(2) The license number and expiration
				date.
(3) A signed and dated
				affidavit by the licensee of intent not to practice while the license is in an
				inactive status unless exempt under the Act. For purposes of this paragraph, to
				"practice" means to engage in any professional fiduciary activity for which a
				license is required.
(4) A signed
				and dated affidavit by the licensee that the license is in good standing and
				the licensee is not aware of any pending administrative or judicial proceeding
				against the licensee that may result in the loss of good
				standing.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4567 - Renewal of Inactive License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An inactive license shall expire one year
				after the day on which it is placed in an inactive status, as specified in
				subdivision (a) of Section
				4564, and on the same day of each
				subsequent year, subject to renewal pursuant to this section.
(b) To renew an inactive license, a licensee
				shall satisfy the following requirements:
(1)
				File with the Bureau an updated annual statement in the same manner as the
				licensee would file an annual statement for an active license. If the annual
				statement is not submitted no later than 60 days prior to the expiration of the
				inactive license as required by Section
				4540, the licensee may be subject
				to a citation, fine, or disciplinary action as provided in that
				section.
(2) Submit to the Bureau
				the renewal fee specified in subdivision (f) of Section
				4580.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4568 - Reinstatement of Inactive License to Active Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
				as provided in subdivision (d), on or before the date that is 10 years after
				the date on which a license was placed in an inactive status, a licensee may
				reinstate the inactive license to active status, if it is not expired under
				Section 4567, by following all of the
				procedures in subdivision (b). After that date, a licensee seeking to reinstate
				their inactive license shall be subject to the same requirements, including
				retaking the licensing examination, as an applicant for initial
				licensure.
(b) To reinstate an
				inactive license to active status, a licensee shall do all of the following:
(1) In the one-year period immediately before
				requesting reinstatement, earn a minimum of fifteen (15) hours of continuing
				education credit from approved education courses as provided in Section
				4442, including at least 2 hours
				of continuing education credits in ethics for fiduciaries, as required in
				subdivision (b)(2) of that section.
(2) Submit to the Bureau an affidavit, signed
				under penalty of perjury, that the licensee has completed the continuing
				education courses required by paragraph (1). The licensee shall maintain and
				disclose evidence supporting this statement as provided in Section
				4452.
(3) File with the Bureau an updated annual
				statement. The annual statement shall be filed with the Bureau in the same
				manner as the licensee would file an annual statement for renewal of an active
				license.
(4) Submit to the Bureau
				the reinstatement fee specified in subdivision (f) of Section
				4580.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4569 - Delinquency and Cancellation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An inactive license that is not renewed or reinstated to
				  active status within the time period specified in Section
				  6541.1
				  of the Business and Professions Code shall not be renewed or reinstated and
				  shall be canceled immediately upon expiration of that period.
1. New section
				  filed 10-25-2022; operative 1-1-2023 (Register 2022, No.
				  43).
Note: Authority cited: Sections
					 462,
					 6517
					 and
					 6592,
					 Business and Professions Code. Reference: Sections
					 462,
					 6541.1
					 and
					 6592,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.1 - Inactive License Status; Renewal of Inactive License; Reinstatement of Inactive License to Active Status › Section 4570 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to maintain compliance with this Article is
				  unprofessional conduct and grounds for disciplinary action including, but not
				  limited to, revocation of the inactive license.
1. New section
				  filed 10-25-2022; operative 1-1-2023 (Register 2022, No.
				  43).
Note: Authority cited: Sections
					 125.9,
					 462
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 12.5,
					 125.9,
					 148,
					 462,
					 490,
					 6517,
					 6580
					 and
					 6584,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.2 - Retired License Status; Reinstatement of Retired License to Active License Status › Section 4571 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article, the following terms have the
				  following meanings:
(a) "Annual
				statement" means an annual statement that complies with the requirements of
				Section 4542.
(b) "Delinquent" means that a license is
				expired and subject to the late delinquency fee required in Section
				4580.
(c) "In good standing," in reference to a
				license, means that a license is not subject to an order, action, or status as
				defined in Business and Professions Code section
				6542(b),
				or expired, delinquent, or surrendered.
(d) "Retired license" means a license placed
				in a retired status pursuant to Section
				4572.
1. New article
				  8.2 (sections
				  4571-4576) and section filed
				  10-25-2022; operative 1-1-2023 (Register 2022, No.
				  43).
Note: Authority cited: Sections
					 6517
					 and
					 6542,
					 Business and Professions Code. Reference: Sections
					 125.3,
					 125.9,
					 142,
					 163.5,
					 6535,
					 6541
					 and
					 6542,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.2 - Retired License Status; Reinstatement of Retired License to Active License Status › Section 4572 - Placement of License in Retired Status; Effect

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon application to the Bureau pursuant
				to Section
				4574, an eligible licensee, as
				described in Section
				4573, may have their license
				placed in a retired status. Placement in a retired status shall occur on the
				first day of the next renewal period.
(b) The holder of a retired license shall not
				engage in any professional fiduciary activity for which an active license is
				required unless exempt under the Act.
(c) The holder of a retired license shall not
				identify as a "licensed professional fiduciary" as provided in Section
				6532
				of the Business and Professions Code unless the licensee qualifies that title
				immediately before or after with the word "retired."
(d) Pursuant to Section
				6542(c)
				of the Business and Professions Code, a retired license shall not expire or
				require renewal.
(e) Each holder of
				a retired license shall within thirty (30) days notify the Bureau in writing of
				any changes in the retired licensee's street or mailing addresses, giving both
				the old and new addresses and any.
1. New section
				  filed 10-25-2022; operative 1-1-2023 (Register 2022, No.
				  43).
Note: Authority cited: Sections
					 6517
					 and
					 6542,
					 Business and Professions Code. Reference: Sections
					 119,
					 121.5,
					 136,
					 149,
					 6530,
					 6531,
					 6532,
					 6541,
					 6541.1,
					 6542
					 and
					 6561,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.2 - Retired License Status; Reinstatement of Retired License to Active License Status › Section 4573 - Eligibility for Placement of License in Retired Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensee shall be eligible to place their license in a
				  retired status under the following conditions:
(a)
(1) For
				applications submitted on or before January 1, 2024, the license may be active,
				placed in an inactive status, expired, or delinquent.
(2) For applications submitted after January
				1, 2024, the license shall either be active or placed in an inactive status and
				shall not be expired or delinquent.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.2 - Retired License Status; Reinstatement of Retired License to Active License Status › Section 4574 - Application for Placement of License in Retired Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to have a license placed in a retired status, an
				  eligible licensee shall submit to the Bureau all of the following:
(a) An application that contains all of the
				following:
(1) Full name, address, phone
				number, and email address of the licensee.
(2) The license number and expiration
				date.
(3) A signed and dated
				affidavit by the licensee of intent not to practice while the license is in a
				retired status unless exempt under the Act. For purposes of this paragraph, to
				"practice" means to engage in any professional fiduciary activity for which a
				license is required.
(4) A signed
				and dated affidavit by the licensee that the license is in good standing and
				the licensee is not aware of any pending administrative or judicial proceeding
				against the licensee that may result in the loss of good
				standing.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.2 - Retired License Status; Reinstatement of Retired License to Active License Status › Section 4575 - Reinstatement of Retired License to Active Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except
				as provided in subdivision (d), on or before the date that is 5 years after the
				date on which a license was placed in a retired status, a licensee may
				reinstate the retired license to an active status by following all of the
				procedures in subdivision (b). After that date, a licensee seeking to reinstate
				their retired license shall be subject to the same requirements, including
				retaking the licensing examination, as an applicant for initial
				licensure.
(b) To reinstate a
				retired license to active status, a licensee shall do all of the following:
(1) In the one-year period immediately before
				requesting reinstatement, complete the amount of approved continuing education
				courses required by Section
				6538
				of the Business and Professions Code, as determined under Section
				4442, including at least 2 hours
				of continuing education credits in ethics for fiduciaries, as required in
				subdivision (b)(2) of that section.
(2) Submit to the Bureau a statement, signed
				under penalty of perjury, that the licensee has completed the continuing
				education courses required by paragraph (1). The licensee shall maintain and
				disclose evidence supporting this statement as provided in Section
				4452.
(3) File with the Bureau an updated annual
				statement. The annual statement shall be filed with the Bureau in the same
				manner as the licensee would file an annual statement for renewal of an active
				license.
(4) Submit to the Bureau
				the reinstatement fee specified in subdivision (g) of Section
				4580.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 8.2 - Retired License Status; Reinstatement of Retired License to Active License Status › Section 4576 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to maintain compliance with this Article is
				  unprofessional conduct and grounds for disciplinary action including, but not
				  limited to, revocation of the retired license.
1. New section
				  filed 10-25-2022; operative 1-1-2023 (Register 2022, No.
				  43).
Note: Authority cited: Sections
					 125.9,
					 6517
					 and
					 6542,
					 Business and Professions Code. Reference: Sections
					 12.5,
					 125.9,
					 148,
					 490,
					 6542,
					 6580
					 and
					 6584,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 9 - Fees › Section 4580 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following fees are established:
(a) The application fee for a professional
				fiduciary license shall be four hundred dollars ($400). Commencing January 1,
				2024, the application fee for a professional fiduciary license shall be six
				hundred dollars ($600).
(b) For
				applicants who pass the examination described in section
				4500 prior to January 1, 2024, the
				initial license fee shall be six hundred dollars ($600). For applicants who
				pass the examination described in section
				4500 on or after January 1, 2024,
				the initial license fee shall be one thousand three hundred ($1300).
(c) For licenses which expire prior to March
				31, 2024, the renewal fee for a license, except for an inactive license, shall
				be seven hundred dollars ($700). For licenses which expire on or after March
				31, 2024, the renewal fee for a license, except for an inactive license, shall
				be one thousand three hundred dollars ($1,300).
(d) The delinquency fee for a license shall
				be one hundred and fifty dollars ($150). Delinquency fees shall not apply to a
				license placed in an inactive or retired status pursuant to Section
				4564 or
				4572 of this Division.
(e) The fee for a duplicate or replacement
				license shall be twenty-five dollars ($25).
(f)
(1) The
				fee for placement of a license in an inactive status shall be three hundred and
				fifty dollars ($350).
(2) The
				renewal fee for an inactive license shall be three hundred and fifty dollars
				($350).
(3) The fee for
				reinstatement of an inactive license to active status shall be seven hundred
				dollars ($700). Commencing January 1, 2024, the fee for reinstatement of an
				inactive license to active status shall be one thousand three hundred dollars
				($1,300).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 9 - Fees › Section 4581 - Fees Nonrefundable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All fees in this Article are
				nonrefundable except as described in Section
				158
				of the Business and Professions Code.
(b) This section shall apply regardless of
				whether, after payment of a fee:
(1) The
				application is withdrawn or abandoned.
(2) The applicant is found ineligible, or the
				applicant's qualifications insufficient, for the license issuance, renewal,
				change in status, or reinstatement for which the fee is paid.
(3) The licensee stops practicing or becomes
				unable to practice in this state.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 10 - Citations › Section 4600 - Authority to Issue Citations; Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau is authorized to issue
				citations containing orders of abatement and/or administrative fines pursuant
				to Sections
				125.9
				or
				148
				of the Business and Professions Code against a professional fiduciary or an
				unlicensed person who has committed any acts or omissions which are in
				violation of the Act or the regulations contained in this Division.
(b) A citation shall be issued whenever any
				order of abatement is issued or any fine is levied. Each citation shall be in
				writing and shall describe with particularity the nature and facts of the
				violation, including a reference to the statutes or regulations alleged to have
				been violated. The citation shall be served upon the individual.
(c) Each citation issued shall inform the
				cited person that, if he or she desires a hearing to contest the finding of a
				violation, that a hearing shall be requested by written notice to the Bureau
				within thirty (30) days of the issuance of the citation or
				assessment.
1. New article
				  10 (sections
				  4600-4610) and section filed
				  5-17-2012; operative 6-16-2012 (Register 2012, No.
				  20).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 124,
					 125.9,
					 148,
					 6580
					 and
					 6583,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 10 - Citations › Section 4602 - Administrative Fines for Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where citations issued pursuant to
				Section 4600 of this Article include an
				assessment of an administrative fine, the fine shall be up to $5,000 for each
				violation.
(b) The Bureau shall
				consider the factors specified in Section
				4604 when determining the amount
				of the administrative fine.
1. New section
				  filed 5-17-2012; operative 6-16-2012 (Register 2012, No.
				  20).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 6580
					 and
					 6583,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 10 - Citations › Section 4604 - Citation Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				following factors shall be considered when determining the amount of an
				administrative fine:
(1) The good or bad
				faith exhibited by the cited person.
(2) The nature and severity of the
				violation.
(3) Evidence that the
				violation was willful or not.
(4)
				History of previous violations.
(5)
				The extent to which the cited person has cooperated with the Bureau.
(6) The extent to which the cited person has
				mitigated or attempted to mitigate any damage or injury caused by his or her
				violation.
(7) Extenuating
				circumstances as justice may require.
(8) A finding by a court in a matter related
				to the violation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 10 - Citations › Section 4606 - Contest of Citations; Informal Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to requesting an
				administrative hearing as provided for in subdivision (b)(4) of Section
				125.9
				of the Business and Professions Code, the cited person may request an informal
				conference to review the acts charged in the citation. A request for an
				informal conference shall be made in writing, within ten (10) days after the
				citation has been served upon the individual.
(b) The Bureau shall hold, within sixty (60)
				days from the receipt of the request, an informal conference with the cited
				person. At the conclusion of the informal conference, the Bureau may affirm,
				modify or dismiss the citation, including any fine levied or order of abatement
				issued. The Bureau shall state in writing the reasons for the action and
				transmit a copy of the findings and decision to the cited person. The decision
				shall be deemed to be a final order with regard to the citation issued,
				including any administrative fine levied or order of abatement.
(c) If the citation, including any fine
				levied or order of abatement, is modified, the citation originally issued shall
				be considered withdrawn and a new citation issued. If the cited person desires
				a hearing to contest the new citation, he or she shall make a request in
				writing, within thirty (30) days of receipt of the informal conference
				decision, to the Bureau. The hearing shall be conducted as provided for in
				subdivision (b)(4) of Section
				125.9. A cited person may not
				request an informal conference for a citation which has been modified following
				an informal conference.
1. New section
				  filed 5-17-2012; operative 6-16-2012 (Register 2012, No.
				  20).
Note: Authority cited: Section
					 125.9,
					 148
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 124,
					 125.9,
					 148,
					 6580
					 and
					 6583,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 10 - Citations › Section 4608 - Compliance with Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The failure of a licensee to comply with a citation
				  containing an assessment of administrative fine, an order of abatement or both
				  an administrative fine and an order of abatement after the citation is final
				  and has been served in accordance with the provisions of Section
				  11505(c)
				  of the Government Code shall constitute a ground for revocation or suspension
				  of a license.
1. New section
				  filed 5-17-2012; operative 6-16-2012 (Register 2012, No.
				  20).
Note: Authority cited: Sections
					 125.9
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 6580
					 and
					 6583,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 10 - Citations › Section 4610 - Compliance with Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The time allowed for abatement of a
				violation shall begin the first day after the order of abatement has been
				served or received. If a cited person who has been issued an order of abatement
				is unable to complete the correction within the time set forth in the citation
				because of conditions beyond his or her control after the exercise of
				reasonable diligence, the person cited may request an extension of time from
				the Bureau in which to complete the correction. Such a request shall be in
				writing and shall be made within the time set forth for abatement.
(b) When an order of abatement is not
				contested or if the order is appealed and the person cited does not prevail,
				failure to abate the violation charged within the time specified in the
				citation shall constitute a violation and failure to comply with the order of
				abatement. Failure to timely comply with an order of abatement or failure to
				pay the fine included in the citation within the time allowed may result in
				disciplinary action being taken by the Bureau or other appropriate judicial
				relief being taken against the person cited.
1. New section
				  filed 5-17-2012; operative 6-16-2012 (Register 2012, No.
				  20).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 6517,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 6580
					 and
					 6583,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 11 - Enforcement › Section 4620 - Substantially Related Criteria for License Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				purposes of the suspension or revocation of a license pursuant to Section
				141 or Division 1.5 (commencing
				with Section
				475) of the Business and
				Professions Code, a crime or act shall be considered to be substantially
				related to the qualifications, functions, or duties of a professional fiduciary
				if to a substantial degree it evidences present or potential unfitness of a
				person holding a professional fiduciary license to perform the functions
				authorized by the license in a manner consistent with the public health,
				safety, or welfare.
(b) In making
				the determination required for the suspension or revocation of a license for
				the conviction of a crime substantially related to the qualifications,
				functions or duties of a professional fiduciary, all of the following criteria
				shall be considered:
(1) The nature and
				gravity of the offense;
(2) The
				number of years elapsed since the date of the offense; and
(3) The nature and duties of a professional
				fiduciary.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 41 - Professional Fiduciaries Bureau › Article 11 - Enforcement › Section 4622 - Rehabilitation Criteria for License Suspension or Revocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				revocation of a license under Section
				490
				of the Business and Professions Code, the Bureau shall consider whether the
				licensee made a showing of rehabilitation, if the licensee completed the
				criminal sentence at issue without a violation of parole or probation. In
				making this determination, the Bureau shall consider the following criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				licensee's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 42 - Bureau of Cannabis Control [Renumbered] › Section 5000 through 5905 - Renumbered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect renumbering and amending title 16, division 42
				(chapters 1-8, sections
				5000-5905) to new title 4,
				division 19 (chapters 1-8, sections
				15000-15905), including repealer
				of section
				5016, filed 7-14-2021 pursuant to
				section 100, title 1, California Code of
				Regulations (Register 2021, No. 29). For prior history of title 16, division
				42, see Register 2019, No. 3.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 43 - Cannabis Control Appeals Panel › Article 1 - General › Section 6000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this division:
(a) "Appellant" means any person who files an
				appeal with the Panel.
(b) "Days"
				means calendar days, unless otherwise stated.
(c) "Executive Director" means the executive
				director of the Panel.
(d)
				"Licensing authority" refers to the Department of Cannabis Control.
(e) "Online Filing Portal" refers to the
				electronic case filing system accessible through the Panel's website at
www.ccap.ca.gov
.
(f) "Panel" means the Cannabis Control
				Appeals Panel of California.
(1) Any reference
				to the Panel's "Sacramento office" means 400 R Street, Suite 320, Sacramento,
				CA 95811.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 43 - Cannabis Control Appeals Panel › Article 1 - General › Section 6001 - Time and Date Calculations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The time provided by this division within which any act must be performed shall
				be computed by excluding the first day and including the last day, unless it is
				a Saturday, Sunday, or holiday, in which case the last day shall also be
				excluded.
1. New section
				  filed 4-12-2019; operative 7-1-2019 (Register 2019, No.
				  15).
Note: Authority cited: Section
					 26042,
					 Business and Professions Code. Reference: Sections
					 26042
					 and
					 26043,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 43 - Cannabis Control Appeals Panel › Article 1 - General › Section 6002 - Notices to Authorized Agents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever the Notice of Appeal indicates
				that a party is represented by an attorney or other authorized agent, such
				attorney or agent shall be entitled to a copy of all notices and decisions to
				which the party would be entitled.
1. New section
				  filed 4-12-2019; operative 7-1-2019 (Register 2019, No.
				  15).
Note: Authority cited: Section
					 26042,
					 Business and Professions Code. Reference: Sections
					 26042
					 and
					 26043,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 43 - Cannabis Control Appeals Panel › Article 2 - Filing of Appeal › Section 6003 - Timing and Contents of Notice of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person aggrieved by the decision of
				the licensing authority as described in Business and Professions Code section
				26043(a)
				may appeal the licensing authority's written decision to the Panel as follows:
(1) The appellant shall complete and submit
				the CCAP Form 6003, Notice of Appeal (Rev. 10/21), which is hereby incorporated
				by reference, to the Panel. The appellant may submit the form to the Panel
				through any of the following methods:
(A) In
				person or by mail at its Sacramento office;
(B) By emailing the completed form to the
				Panel at appeals@ccap.ca.gov; or
(C) Electronically through the Online Filing
				Portal on the Panel's website at
www.ccap.ca.gov
.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 43 - Cannabis Control Appeals Panel › Article 3 - Record on Appeal › Section 6004 - Submitting the Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				From the date the Notice of Appeal is submitted to the Panel, the appellant
				shall have 60 days to obtain the complete underlying administrative record from
				the Office of Administrative Hearings, pursuant to title 1, CCR, section
				1038, or if an informal or
				emergency hearing was conducted by the licensing authority pursuant to
				Government Code section
				11445.10,
				obtain the complete underlying administrative record from the licensing
				authority, and submit the original hardcopy and one electronic version to the
				Panel at its Sacramento office. Failure to submit a complete administrative
				record within the time set forth in this subsection may result in dismissal of
				the matter pursuant to section
				6011.
(1) Notwithstanding the foregoing, if all
				parties to the appeal so stipulate in writing, and the Panel approves, the
				appellant may submit only those parts of the administrative record relevant to
				the issue being appealed. In such event, the Panel may still require submission
				of the complete administrative record at any time during the
				appeal.