reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2273 - Inspection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Schools for the training of guide dogs and their use and the
				  instruction of blind persons in such use shall be open to inspection at all
				  times by the Board, its representatives, or any person or agency authorized by
				  it.
1. Renumbering
				  of Section
				  2273 to Section
				  2274 and renumbering of Section
				  2276 to Section
				  2273 filed 12-12-80; effective
				  thirtieth day thereafter (Register 80, No. 50). For history of former Section
				  2273, See Register 79, No.
				  32.)
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Section
					 7208,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2274 - Health Certificate. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Renumbering
				  of Section
				  2274 to Section
				  2276 and renumbering of Section
				  2273 to Section
				  2274 filed 12-12-80; effective
				  thirtieth day thereafter (Register 80, No. 50). For history of former Section
				  2274, see Registers 79, No. 32 and
				  53, No. 7.
2. Repealer filed 8-27-2008; operative 9-26-2008
				  (Register 2008, No. 35).
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Section
					 7208,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2275 - Sterilization of Dogs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The school shall give to each blind person who receives a
				  guide dog a certificate from a veterinarian stating that the guide dog has been
				  spayed or neutered. The school shall retain a copy of such document in its
				  records.
1. Amendment
				  filed 11-12-82; effective thirtieth day thereafter (Register 82, No.
				  46).
2. Amendment of section heading and section filed 8-23-96;
				  operative 9-22-96 (Register 96, No. 34).
3. Amendment filed
				  4-16-2012; operative 5-16-2012 (Register 2012, No.
				  16).
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Sections
					 7208
					 and
					 7215,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2276 - Client Instruction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each school or instructor providing a guide dog to a client
				  shall comply with the following standards:
(a) Clients training with their first guide
				dogs must receive instruction consisting of a minimum of 15 hours theory and a
				minimum 30 hours practical in-harness instruction spread over a two to four
				week period.
(b) Clients training
				with successor dogs must receive instruction consisting of a minimum of 10
				hours theory and 20 hours practical in-harness instruction.
(c) The instruction must be individualized to
				the client and provided until the team achieves safe and effective guide dog
				mobility, until the instructor determines the team cannot satisfactorily
				complete instruction, or until the client discontinues services.
(d) The instruction may be conducted in any
				appropriate venue, including, but not limited to, in-residence at the school,
				in-home, or a combination of both.
1. Renumbering
				  of Section
				  2276 to Section
				  2273 and renumbering of Section
				  2274 to Section
				  2276 filed 12-12-80; effective
				  thirtieth day thereafter (Register 80, No. 50). For history of former Section
				  2276, see Register 79, No.
				  32.
2. Amendment of section heading, section and NOTE filed
				  7-21-2010; operative 8-20-2010 (Register 2010, No.
				  30).
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Sections
					 7208
					 and
					 7210.7,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2277 - Physical Defects. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 8-10-79; effective thirtieth day thereafter (Register 79, No.
				  32).
2. Repealer filed 8-27-2008; operative 9-26-2008 (Register
				  2008, No. 35).
Note: Authority cited: Business and Professions Code,
					 Section
					 7208.
					 Reference: Business and Professions Code, Section
					 7208.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2278 - Names and Addresses of Students

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Schools shall provide the board with a list of all students
				  enrolled, and also with the names and addresses of all students
				  graduated.
1. New
				  Sections 2278 and
				  2279 filed 3-11-48 as an emergency
				  (Register 11, No. 8).
2. Amendment filed 6-8-62; effective thirtieth
				  day thereafter (Register 62, No. 11).
3. New NOTE filed 5-22-85;
				  effective thirtieth day thereafter (Register 85, No.
				  21).
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Section
					 7208,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2279 - Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A school shall provide each graduate with a certificate of
				  satisfactory completion of instruction.
1. Amendment
				  filed 6-8-62; effective thirtieth day thereafter (Register 62, No.
				  11).
2. Amendment filed 8-10-79; effective thirtieth day thereafter
				  (Register 79, No. 32).
Note: Authority cited: Business and Professions Code,
					 Section
					 7208.
					 Reference: Business and Professions Code, Section
					 7208.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2280 - Attendance of and Changes in Instructional Personnel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each school is required to advise the
				Board of any change in and significant absence of instructional personnel, both
				licensed and apprentice.
(b) The
				Board interprets the provision of Section
				7214 of the Code to mean that a
				licensed instructor must be in attendance at the school or at the place where
				the instruction is being conducted if away from the school.
1. New section
				  filed 10-19-50; effective 30th day thereafter (Register 22, No.
				  1).
2. Amendment filed 8-10-79; effective thirtieth day thereafter
				  (Register 79, No. 32).
3. Amendment of subsection (b) filed
				  11-12-82; effective thirtieth day thereafter (Register 82, No.
				  46).
4. Editorial correction of section heading filed 5-22-85;
				  effective thirtieth day thereafter (Register 85, No.
				  21).
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Sections
					 7208
					 and
					 7214,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 3 - Training Schools › Section 2281 - Names of Apprentices. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-8-62; effective thirtieth day thereafter (Register 62, No.
				  11).
2. Renumbering and amendment of Section
				  2281 to Section
				  2267 filed 12-12-80; effective
				  thirtieth day thereafter (Register 81, No. 50).
3. Editorial
				  correction (Register 81, No. 18).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 4 - Standards of Training and Instruction › Section 2282 - Required Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Guide dogs shall be trained and tested to:
(1)
				Acknowledge the beginning and end of a block, regardless of curb
				type.
(2) Stop or pause at notable
				changes of elevation in walking surfaces.
(3) Respond appropriately to basic
				directional guide work and obedience commands.
(4) Work sidewalk less and rounded corner
				areas and appropriately acknowledge intersecting streets.
(5) Move the handler away from obstacles or
				stop when there is insufficient room for clearance.
(6) Maintain a safe distance or buffer from
				potentially threatening vehicles. Target the appropriate up curb
				location.
(7) Refocus when directed
				on its working task when distracted by certain stimulants such as persons,
				animals, or food.
(8) Under
				direction of a handler, negotiate public transportation and ride
				appropriately.
(9) Work at a
				consistent steady pace, providing safe, effective and fluid movement
				appropriate to its handler and travel conditions.
(10) Behave appropriately in all locations
				both in and out of harness.
(11)
				Effectively work in buildings, find doors on command, and negotiate stairs,
				ramps, and elevators as needed.
(12) Display suitable house manners: free of
				destructive habits, excessive barking and indiscriminate relieving; be handled
				easily by client for general care and management; demonstrate the ability to
				behave properly when left along for a reasonable period of
				time.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 4 - Standards of Training and Instruction › Section 2282.1 - Assignment of Dogs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before a dog may be assigned to a client, within the prior
				  60-day period, an instructor shall have verified that the dog meets the
				  requirements as set forth by section
				  2282.
1. Formerly
				  Section 2282. Renumbering amendment filed
				  6-8-62; effective thirtieth day thereafter (Register 62, No. 11).
2.
				  New NOTE filed 5-22-85; effective thirtieth day thereafter (Register 85, No.
				  21).
3. Renumbering of former section
				  2282.1 to section
				  2282 and renumbering of former
				  section 2282 to section
				  2282.1, including amendment of
				  section heading and section, filed 3-17-2011; operative 4-16-2011 (Register
				  2011, No. 11).
Note: Authority cited: Section
					 7208,
					 Business and Professions Code. Reference: Section
					 7208,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 4 - Standards of Training and Instruction › Section 2283 - Attendants for the Blind. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 12-12-80; effective thirtieth day thereafter (Register 81, No.
				  50).
2. Editorial correction (Register 81, No.
				  18).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 4 - Standards of Training and Instruction › Section 2284 - Instructor-when License Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Anyone instructing a blind person in the use of a guide dog
				  must be licensed by the Board, provided, however, that a school may employ
				  apprentices to assist in such instruction. No apprentice shall act as an
				  instructor except under the supervision of a licensed
				  instructor.
1. Amendment
				  filed 6-8-62; effective thirtieth day thereafter (Register 62, No.
				  11).
2. Amendment filed 8-10-79; effective thirtieth day thereafter
				  (Register 79, No. 32).
3. Amendment filed 4-16-2012; operative
				  5-16-2012 (Register 2012, No. 16).
Note: Authority cited: Business and Professions Code,
					 Section
					 7208.
					 Reference: Business and Professions Code, Sections
					 7208
					 and
					 7210.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 4 - Standards of Training and Instruction › Section 2285 - Ethical Standards of Practice for a Guide Dog Instructor or Guide Dog School

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A violation of any ethical standard of practice constitutes
				  grounds for disciplinary action. Every person or entity that holds a license
				  issued by the Board shall comply with the following ethical standards of
				  practice:
(a) A licensee may not
				release any personal or identifying information regarding a client to any
				person, other than the Board or its staff, without the client's written
				permission, unless otherwise allowed by local, state, or federal regulations. A
				licensee shall obtain written permission from the client before the client is
				photographed or tape-recorded for examination or other purposes.
(b) A licensee shall comply with the Guide
				Dog Act, the California Code of Regulations, and all other related local,
				state, and federal laws.
(c) A
				guide dog instructor shall not engage in intimidation or coercion of clients,
				or physical violence or threat of violence to such persons, in a manner
				contrary to the best interests of guide dog usage.
(d) A guide dog instructor shall provide each
				client with all services generally associated with or offered by the school and
				with those services required by the Code or regulations.
(e) A guide dog instructor shall comply with
				state and federal laws pertaining to non-discrimination.
(f) A guide dog instructor shall take
				reasonable precautions to avoid imposing or inflicting harm upon the client or
				to his or her property.
(1) A guide dog
				instructor shall not exploit clients in any manner.
(2) A guide dog instructor shall avoid
				relationships or activities that interfere with professional judgment and
				objectivity.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 4 - Standards of Training and Instruction › Section 2286 - Continuing Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				As a condition of renewal of an instructor's license which expires on or after
				June 30, 1996, the instructor shall provide proof to the board of completion of
				not less than 8 hours of continuing education obtained within 12 months prior
				to license renewal. Proof of completion of continuing education shall be in
				form of a written declaration specifically naming the activity, the dates
				involved, any costs, and the name of the instructor, and institution or
				sponsoring organization.
(b) An
				instructor shall provide proof to the board of completion of one or a
				combination of any of the following totaling 8 hours:
(1) in a board approved course or seminar,
				regarding blindness mobility, health issues relating to blindness, instructing
				blind persons, and care and training of dogs.
(2) attendance at meetings of guide dog user
				organizations or organizations of the blind.
(3) participation in self-study videos or
				online coursework (per CCR 16 §
										2286(b)(1)).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2290 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of denial, suspension or revocation of a
				  license pursuant to Division 1.5 (commencing with Section
				  475) of the Code, a crime or act
				  shall be considered to be substantially related to the qualifications,
				  functions and duties of a guide dog school operator or instructor of blind
				  persons in use of guide dogs if to a substantial degree it evidences present or
				  potential unfitness of a guide dog school operator or instructor of blind
				  persons in use of guide dogs to perform the functions authorized by his or her
				  license in a manner consistent with the public health, safety or welfare. Such
				  crimes or acts include but are not limited to those involving the
				  following:
(a) Any violation of any of
				the provisions of Chapter 9.5, Division 2 of the Code;
(b) Any act or crime involving cruelty to
				animals.
1. Amendment
				  filed 8-10-79; effective thirtieth day thereafter (Register 79, No.
				  32).
2. Amendment filed 11-12-82; effective thirtieth day thereafter
				  (Register 82, No. 46).
Note: Authority cited: Sections
					 481
					 and
					 7208,
					 Business and Professions Code. Reference: Sections
					 481,
					 7211.9
					 and
					 7216,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2291 - Rehabilitation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				When considering denial of a license under Section
				480 of the Code, the board, in
				evaluating the rehabilitation of the applicant and his or her present
				eligibility for a license, will consider the following criteria:
(1) The nature and severity of the act(s) or
				crime(s) under consideration as grounds for denial.
(2) Evidence of any act(s) committed
				subsequent to the act(s) or crime(s) under consideration as grounds for denial
				which also could be considered as grounds for denial under Section
				480 of the Code.
(3) The time that has elapsed since
				commission of the act(s) or crime(s) referred to in subdivision (1) or
				(2).
(4) The extent to which the
				applicant has complied with any terms of parole, probation, restitution, or any
				other sanctions lawfully imposed against the applicant.
(5) Evidence, if any, of rehabilitation
				submitted by the applicant.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2292 - Inactive Instructor License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board hereby establishes an inactive
				category of licensure for instructors who are not actively engaged in the
				practice of instructing blind persons in the use of guide dogs and who have
				applied for an inactive license.
(b) The holder of an inactive license issued
				pursuant to this section shall not engage in any activity for which a license
				is required.
(c) An inactive
				license issued pursuant to this section shall be renewed during the same time
				period in which an active license is renewed. The holder of an inactive license
				need not comply with any continuing education requirement.
(d) The renewal fee for a license in an
				inactive status shall be twenty-five dollars ($25) per year.
(e) An inactive license issued pursuant to
				this section may be restored to active status within 3 years following the
				expiration of the original license provided the holder of an inactive license
				becomes current for all continuing education as required under the regulations.
				Becoming current for all continuing education shall mean that the applicant
				shall complete the requisite hours of education for each year that the license
				has been inactive. An inactive license may not be restored to active status
				after 3 years following the expiration of the original license.
1. New section
				  filed 8-23-96; operative 9-22-96 (Register 96, No.
				  34).
Note: Authority cited: Sections
					 462
					 and
					 7208,
					 Business and Professions Code. Reference: Section
					 462,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2293 - School Requirements Regarding Continued Use of a Guide Dog

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for
				circumstances described in Business and Professions Code section
				7215.6(f),
				whenever a school retains title to a trained guide dog and decides not to
				permit the continued use of the dog by its user, the school shall do all of the
				following:
(1) Issue a written letter of
				intent to the user that the school intends not to permit continued use of the
				dog.
(2) Provide the user a copy of
				the law and regulations pertaining to the arbitration provisions of Chapter 9.5
				of Division 3 of the Code (commencing with section
				7215.6).
(3) Provide the user with a record of the
				Board's name, physical address, web site address, and telephone
				number.
(4) The items described
				above shall be provided to the user by personal delivery, by first class mail,
				postage prepaid, with return receipt requested, or substantially similar means
				designed to ensure actual notice to the user as determined by the Board in its
				discretion.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2294 - Arbitration Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To utilize the arbitration panel provided for in Code section
				  7215.6, the following requirements
				  must be met:
(a) A school or user
				requesting arbitration shall submit a written request to the Board at its
				office, with the requestor's original signature, which contains the following
				information:
(1) The name, address, and phone
				number of the school;
(2) The name,
				address, and phone number of the user;
(3) The name of the dog which is the subject
				of the dispute; and
(4) An
				explanation of the nature of the dispute between the school and
				user.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2295 - Issuance of Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer of the Board or his
				designee may issue a citation containing an order to pay a fine between $100
				and $5,000 and an order of abatement against a licensee for any violation of
				the Guide Dog Act or the California Code of Regulations or any laws governing
				the guide dog schools or guide dog instructors. A citation may be issued
				without the assessment of a fine, when determined by the Executive Officer or
				his designee.
(b) Each citation
				shall be in writing and shall describe with particularity the nature and facts
				of each violation specified in the citation, including a reference to the law
				or regulation alleged to have been violated.
(c) The citation shall be served upon the
				cited person either personally or by certified United States mail.
1. New section
				  filed 4-16-2012; operative 5-16-2012 (Register 2012, No.
				  16).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 7200.1,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 7209.5,
					 7210,
					 7210.5
					 and
					 7213,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2295.1 - Criteria to be Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the issuance of any citation, the following factors shall
				  be considered:
(a) Nature and severity
				of the violation.
(b) Length of
				time that has passed since the date of the violation.
(c) Consequences of the violation, including
				potential or actual consumer harm.
(d) History of previous violations of the
				same or similar nature.
(e)
				Evidence that the violation was willful.
(f) Gravity of the violation.
(g) The extent to which the cited person has
				remediated any knowledge and/or skill deficiencies which could have injured a
				consumer.
1. New section
				  filed 4-16-2012; operative 5-16-2012 (Register 2012, No.
				  16).
Note: Authority cited: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 7209.5,
					 7210,
					 7210.5
					 and
					 7213,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2295.2 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The citation shall inform the licensee that if he desires a hearing to contest
				the finding of a violation, that hearing shall be requested by written notice
				to the board within 30 calendar days of the date of issuance of the citation.
				Hearings shall be held pursuant to the provisions of Chapter 5 (commencing with
				Section 11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(b)
				In addition to requesting a hearing provided for in subdivision (a) of this
				section, the cited person may, within 14 calendar days after service of the
				citation, submit a written request for an informal conference with the
				Executive Officer.
(c) The
				Executive Officer or his designee shall, within 30 calendar days from receipt
				of the written request, hold an informal conference with the person cited
				and/or his legal counsel or authorized representative.
(d) The Executive Officer or his designee may
				affirm, modify or dismiss the citation, at the conclusion of the informal
				conference. A written decision stating the reasons for the decision shall be
				mailed to the cited person and his legal counsel, if any, within 14 calendar
				days from the date of the informal conference. This decision shall be deemed to
				be a final order with regard to the citation issued.
(e) If the citation is dismissed, the request
				for a hearing shall be deemed withdrawn. If the citation is affirmed or
				modified, the cited person may, in his discretion, withdraw the request for a
				hearing or proceed with the administrative hearing process.
1. New section
				  filed 4-16-2012; operative 5-16-2012 (Register 2012, No.
				  16).
Note: Authority cited: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 7209.5,
					 7210,
					 7210.5
					 and
					 7213,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 22 - State Board of Guide Dogs for the Blind › Article 5 - Miscellaneous › Section 2295.3 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer may issue a citation, in accordance
				  with Section
				  148 of the Code, against any
				  unlicensed person who is acting in the capacity of a licensee under the
				  jurisdiction of the board and who is not otherwise exempt from licensure. Each
				  citation may contain an assessment of an administrative fine, or an order of
				  abatement fixing a reasonable period of time for abatement. Administrative
				  fines shall range from $250 to $5,000 for each violation. Any sanction
				  authorized for activity under this section shall be separate from and in
				  addition to any other civil or criminal remedies.
1. New section
				  filed 4-16-2012; operative 5-16-2012 (Register 2012, No.
				  16).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 3622,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 7209.5,
					 7210,
					 7210.5
					 and
					 7213,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 1 - General › Section 2300 - Location of Office

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal office of the Bureau is located at 1625 North
				  Market Boulevard, Suite S-208, Sacramento, California 95834.
1. Amendment
				  filed 12-15-70; effective thirtieth day thereafter (Register 70, No. 51). For
				  prior history see Register 63, No. 3.
2. Amendment filed 12-2-75;
				  effective thirtieth day thereafter (Register 75, No. 49).
3.
				  Amendment filed 6-25-80; effective thirtieth day thereafter (Register 80, No.
				  26).
4. Change without regulatory effect amending section filed
				  2-8-95 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 95, No. 6).
5. Change without regulatory
				  effect amending division heading and section filed 10-17-2011 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Section
					 9630,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 1 - General › Section 2301 - Tenses, Gender and Number

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the rules and regulations contained in
				  this chapter, the present tense includes the past and future tenses, and the
				  future, the present; the masculine gender includes the feminine, and the
				  feminine, the masculine; and the singular includes the plural, and the plural,
				  the singular.
1. Editorial
				  correction restoring inadvertently deleted section (Register 2012, No.
				  19).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 1 - General › Section 2302 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose
				of the rules and regulations contained in this chapter, the term "bureau" means
				the Cemetery and Funeral Bureau; the term "Code" means Business and Professions
				Code; and the term "Act" means the Cemetery Act.
(b) For the purpose of cemetery section
				development or modification after January 1, 1990, the term "development" means
				the creation of new interment spaces through the construction of a mausoleum,
				columbarium, or an in-ground interment section (excluding private mausoleums
				and/or columbariums) and the term "modification" means the addition, deletion
				or reconfiguration of interment spaces within an existing cemetery section,
				mausoleum, and/or columbarium.
1. New
				  subsection (a) designator, new subsection (b) and new NOTE filed 11-10-98;
				  operative 12-10-98 (Register 98, No. 46).
2. Change without
				  regulatory effect amending subsection (a) and NOTE filed 10-17-2011 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Sections
					 9630
					 and
					 9631,
					 Business and Professions Code. Reference: Section
					 8550(d),
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 1 - General › Section 2303 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The power and discretion conferred by law upon the bureau to
				  receive and file accusations; issue notices of hearings, statements to
				  respondent and statements of issue; receive and file notices of defense;
				  determine the time and place of hearings under Section
				  11508 of
				  the Government Code; issue subpoenas and subpoenas duces tecum; set calendar
				  cases for hearing and perform other functions necessary to the businesslike
				  dispatch of the business of the bureau in connection with proceedings under the
				  provisions of Sections
				  11500
				  through
				  11528 of
				  the Government Code, prior to the hearing of such proceedings; and the
				  certification and delivery or mailing of copies of decisions under Section
				  11518 of said Code are hereby
				  delegated to and conferred upon the bureau chief, or, in his or her absence
				  from the office of the bureau, the acting bureau chief.
1. Editorial
				  correction filed 12-15-83; effective thirtieth day thereafter (Register 83, No.
				  51).
2. Change without regulatory effect amending section and NOTE
				  filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Sections
					 9630
					 and
					 9631,
					 Business and Professions Code; and Section
					 11152,
					 Government Code. Reference: Section
					 9625,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 1 - General › Section 2304 - Filing of Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding a certificate of authority, license,
				  permit or any other authority to practice or engage in any activity in the
				  State of California under any and all laws administered by the bureau shall
				  file his proper and current mailing address with the bureau, at its office in
				  Sacramento, and immediately notify the bureau of any and all changes of mailing
				  address, giving both his old and his new address.
1. Change
				  without regulatory effect amending section and adding NOTE filed 10-17-2011
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Sections
					 136
					 and
					 9630,
					 Business and Professions Code. Reference: Section
					 9630,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2310 - Regulatory Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				annual regulatory charge to be paid by every cemetery authority operating a
				cemetery under the Act is fixed at the sum of seven hundred and fifty dollars
				($750). An additional quarterly charge of eleven dollars fifty cents ($11.50)
				for each burial, entombment, or inurnment made during the preceding quarter
				shall be paid to the Bureau. If the cemetery authority performs a burial,
				entombment, or inurnment, and the cremation or hydrolysis was performed at a
				crematory or hydrolysis facility located on the grounds of the cemetery and
				under common ownership with the cemetery authority, the total of all additional
				charges shall be eight dollars and fifty cents ($8.50).
(b) The annual regulatory charge to be paid
				by every licensed crematory is fixed at the sum of seven hundred and fifty
				dollars ($750). An additional quarterly charge of eleven dollars and fifty
				cents ($11.50) for each cremation made during the preceding quarter shall be
				paid to the Bureau.
(c) The annual
				regulatory charge to be paid by every licensed hydrolysis facility is fixed at
				the sum of nine hundred dollars ($900). An additional quarterly charge of
				eleven dollars and fifty cents ($11.50) for each hydrolysis made during the
				preceding quarter shall be paid to the bureau.
(1) Each hydrolysis facility shall submit to
				the bureau annual maintenance records of the hydrolysis chamber for the
				preceding year with the annual renewal application. The hydrolysis facility
				license shall not be renewed without proof of annual maintenance of the
				hydrolysis chamber.
(2) Each
				hydrolysis facility that discharges hydrolysate to a sewer collection system
				shall submit to the bureau the current Department of Public Health evaluation
				with the annual renewal application pursuant to Business and Professions Code
				section
				7639.08(e).
				The hydrolysis facility license shall not be renewed without proof of the
				evaluation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2311 - Filing Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				initial filing fee of seven hundred and fifty dollars ($750) shall accompany an
				original application for a certificate of authority to operate a cemetery. In
				the event the expenses of the bureau's investigation, computed at the rate of
				($100) per day per person, shall exceed this amount, the applicant shall,
				within five (5) days after request therefore, deposit such additional sums as
				deemed necessary by the bureau provided that the total sum shall not exceed
				nine hundred dollars ($900).
(b) An
				initial filing fee of seven hundred and fifty dollars ($750) shall accompany an
				original application for a crematory license. In the event the expenses of the
				bureau's investigation, computed at the rate of one hundred dollars ($100) per
				day per person, shall exceed this amount, the applicant shall, within five (5)
				days after request therefore, deposit such additional sums as deemed necessary
				by the bureau provided that the total sum shall not exceed nine hundred dollars
				($900).
(c) An initial filing fee
				of nine hundred dollars ($900) shall accompany an original application for a
				hydrolysis facility.
1. New section
				  2311 filed 1-16-56; effective
				  thirtieth day thereafter (Register 56, No. 2).
2. Amendment filed
				  12-2-75; effective thirtieth day thereafter (Register 75, No.
				  49).
3. Amendment filed 6-25-80; effective thirtieth day thereafter
				  (Register 80, No. 26).
4. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
5. Change without
				  regulatory effect amending subsections (a) and (b) filed 10-17-2011 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
6. Amendment of section and
				  NOTE filed 6-17-2021; operative 6-17-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 25). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
7. Change
				  without regulatory effect amending subsections (a)-(b) filed 2-2-2023 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 7606,
					 7653
					 and
					 7712.5,
					 Business and Professions Code. Reference: Sections
					 7653,
					 7712.5
					 and
					 7730.11,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2312 - Cemetery Broker Original License Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 12-15-70; effective thirtieth day thereafter (Register 70, No. 51). For
				  prior history, see Register 59, No. 7.
2. Amendment filed 12-2-75;
				  effective thirtieth day thereafter (Register 75, No. 49).
3.
				  Amendment filed 5-29-81; effective thirtieth day thereafter (Register 81, No.
				  22).
4. Amendment filed 6-15-95; operative 7-17-95 (Register 95, No.
				  24).
5. Change without regulatory effect repealing section filed
				  2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 9630
					 and
					 9751,
					 Business and Professions Code. Reference: Section
					 9751,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2313 - Cemetery Broker RE-Examination Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
4. Change without
				  regulatory effect repealing section filed 2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 9630
					 and
					 9752,
					 Business and Professions Code. Reference: Section
					 9752,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2314 - Cemetery Broker License Renewal Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 12-15-70; effective thirtieth day thereafter (Register 70, No. 51). For
				  prior history, see Register 59, No. 7.
2. Amendment filed 12-2-75;
				  effective thirtieth day thereafter (Register 75, No. 49).
3.
				  Amendment filed 5-29-81; effective thirtieth day thereafter (Register 81, No.
				  22).
4. Amendment filed 6-15-95; operative 7-17-95 (Register 95, No.
				  24).
5. Change without regulatory effect repealing section filed
				  2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 9630
					 and
					 9753,
					 Business and Professions Code. Reference: Section
					 9753,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2315 - Cemetery Broker Multiple Corporate Officer or Partner License Renewal Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
4. Change without
				  regulatory effect amending section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
5. Change without regulatory
				  effect repealing section filed 2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 9630,
					 9754
					 and
					 9755,
					 Business and Professions Code. Reference: Sections
					 9754
					 and
					 9755,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2316 - Cemetery Broker Branch Office License Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 12-2-75; effective thirtieth day thereafter
				  (Register 75, No. 49).
3. Amendment of section and NOTE filed
				  6-15-95; operative 7-17-95 (Register 95, No. 24).
4. Change without
				  regulatory effect repealing section filed 2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Sections
					 9630
					 and
					 9760,
					 Business and Professions Code. Reference: Section
					 9760,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2317 - Crematory Manager Examination, License, and Renewal Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-27-2003 as an emergency; operative 5-27-2003 (Register 2003, No. 22). A
				  Certificate of Compliance must be transmitted to OAL by 9-24-2003 or emergency
				  language will be repealed by operation of law on the following day. For prior
				  history, see Register 91, No. 10.
2. Certificate of Compliance as to
				  5-27-2003 order transmitted to OAL 9-22-2003 and filed 11-3-2003 (Register
				  2003, No. 45).
3. Change without regulatory effect repealing section
				  filed 2-2-2023 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Sections
					 9764.1
					 and
					 9787.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2317.1 - Cemetery Manager Examination, License, and Renewal Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-27-2003 as an emergency; operative 5-27-2003 (Register 2003, No. 22). A
				  Certificate of Compliance must be transmitted to OAL by 9-24-2003 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 5-27-2003 order transmitted
				  to OAL 9-22-2003 and filed 11-3-2003 (Register 2003, No. 45).
3.
				  Change without regulatory effect repealing section filed 2-2-2023 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2023, No. 5).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Sections
					 9723
					 and
					 9764.2,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 2 - Fees › Section 2317.2 - Report of Change of Designation and Request to Share Fee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fee for filing a report of a change
				of designated crematory manager, or designated cemetery manager, is fifty
				dollars ($50.00).
(b) The fee for
				filing a request to share a designated cemetery manager is fifty dollars
				($50).
1. New section
				  filed 5-27-2003 as an emergency; operative 5-27-2003 (Register 2003, No. 22). A
				  Certificate of Compliance must be transmitted to OAL by 9-24-2003 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 5-27-2003 order transmitted
				  to OAL 9-22-2003 and filed 11-3-2003 (Register 2003, No.
				  45).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Section
					 9764.3,
					 Business and Professions Code.