reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 88.2 - Program Measurements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Live Presentation.
In order to qualify as acceptable continuing education under
				  Section 88(b) a live
				  presentation program must meet all of the following requirements:
(1) Be measured in 50-minute class hours. A
				program must be at least one 50-minute class hour in length to be acceptable
				continuing education. For a program composed of several segments in which
				individual segments are less than 50 minutes, the sum of the segments, in
				increments not less than 10 minutes, may be added together to equal a full
				50-minute class hour. For a program that is longer than one 50-minute class
				hour, credit shall be granted for additional 10-minute segments (one fifth of a
				50-minute class hour) or 25-minute segments (one-half of a 50-minute class
				hour). Only class hours or the equivalent (and not participant hours devoted to
				preparation or study time) will be used to measure the hours of continuing
				education.
(2) Any program designed
				pursuant to Section
				87(b) must be a
				minimum of one 50-minute class hour. Should a course be comprised of multiple
				subject areas as described in Section
				87(a)(2), those
				components specific to Section
				87(b) must be a
				minimum of one 50-minute class hour.
(3) Meet the provider requirements for live
				presentation under Section
				88.1(a).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 89 - Control and Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon renewal, a licensee who is required, pursuant to Section
				80.2,
				81,
				87, or
				87.1, to obtain continuing
				education must provide a written statement, signed under penalty of perjury,
				certifying that the requisite number of continuing education hours has been
				obtained. The licensee shall disclose all of the following information
				concerning courses or programs claimed as qualifying continuing education
				hours:
(1) Course title or
				description.
(2) Date of
				completion.
(3) Name of school,
				firm or organization providing the course or program.
(4) Method of study, i.e., whether course or
				program is self-study, adaptive learning self-study, live presentation, group
				internet-based program (Webcast), nano learning program or blended learning
				program.
(5) Number of hours
				earned.
(6) Subject areas as
				described in Section
				87(a)(2) and
				(3).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 89.1 - Reports. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 6-5-87; operative 7-5-87 (Register 87, No. 24).
2. Amendment
				  of subsection (a) and NOTE filed 11-17-93; operative 12-17-93 (Register 93, No.
				  47).
3. Amendment of section heading and subsection (a) and new
				  subsections (a)(1)-(4) filed 7-22-99; operative 8-21-99 (Register 99, No.
				  30).
4. Change without regulatory effect amending subsection (a)
				  filed 9-19-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 38).
5. Amendment of subsection (a)
				  filed 2-18-2003; operative 3-20-2003 (Register 2003, No. 8).
6.
				  Change without regulatory effect amending subsection (b) filed 11-15-2005
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 46).
7. Repealer filed 4-16-2020;
				  operative 7-1-2020 (Register 2020, No. 16).
Note: Authority cited: Sections
					 5010
					 and
					 5018,
					 Business and Professions Code. Reference: Sections
					 5010
					 and
					 5018,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 90 - Exceptions and Extensions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A renewal applicant may be granted either an extension of time to complete
				continuing education requirements or an exception from continuing education
				requirements. Extensions or exceptions may be granted by the Board for the
				following causes:
(1) Reasons of health,
				certified by a medical doctor, which prevent compliance by the
				licensee.
(2) Service of the
				licensee on extended active duty with the Armed Forces of the United
				States.
(3) Other good
				cause.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 91 - Reentry, Waiver of Examination and New Licensees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 12-24-75; effective thirtieth day thereafter (Register 75, No.
				  52).
2. Amendment filed 6-1-79; designated effective 7-1-79
				  (Register 79, No. 22).
3. Repealer filed 4-12-83; effective
				  thirtieth day thereafter (Register 83, No. 16).
Note: Authority cited: Sections
					 5010
					 and
					 5027,
					 Business and Professions Code. Reference: Sections
					 5026,
					 5027,
					 5087,
					 5134,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 92 - Expired License. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 12-24-75; effective thirtieth day thereafter (Register 75, No.
				  52).
2. Amendment filed 6-1-79; designated effective 7-1-79
				  (Register 79, No. 22).
3. Repealer filed 4-12-83; effective
				  thirtieth day thereafter (Register 83, No. 16).
Note: Authority cited: Sections
					 5010
					 and
					 5027,
					 Business and Professions Code. Reference: Sections
					 5026,
					 5027,
					 5070,
					 5070.5,
					 5070.6,
					 5070.7,
					 5134,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 93 - Unexpired Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Permits issued under these rules expire at 12 midnight on the
				  last day of the birth month of an odd numbered year if the licensee was born in
				  an odd numbered year or of an even numbered year if the licensee was born in an
				  even numbered year. Permit renewal is the responsibility of the licensee. To
				  renew an unexpired permit, a certificate holder or registrant shall, before the
				  time at which the permit would otherwise expire, apply for renewal on a form
				  prescribed by the board, pay the renewal fee prescribed and give evidence to
				  the board that the continuing education provisions of these regulations have
				  been complied with. Renewal of an unexpired permit shall continue the permit in
				  effect for the two-year renewal cycle ending in the licensee's birth month
				  unless otherwise provided for in these regulations or the California
				  Accountancy Act.
1. Amendment
				  filed 6-1-79; designated effective 7-1-79 (Register 79, No. 22).
2.
				  Amendment filed 4-12-83; effective thirtieth day thereafter (Register 83, No.
				  16).
Note: Authority cited: Section
					 5010,
					 Business and Professions Code. Reference: Sections
					 152.6,
					 5070.5
					 and
					 5134,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12 - Continuing Education Rules › Section 94 - Failure to Comply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Failure to comply with these continuing education rules by a
				  licensee engaged in public practice, as defined in Business and Professions
				  Code Section
				  5051,
				  constitutes cause for disciplinary action under Section
				  5100.
1. New section
				  filed 4-12-83; effective thirtieth day thereafter (Register 83, No.
				  16).
2. Change without regulatory effect amending NOTE filed
				  2-27-2012 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2012, No. 9).
Note: Authority cited: Sections
					 5010,
					 5018
					 and
					 5027,
					 Business and Professions Code. Reference: Sections
					 5026
					 and
					 5100,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95 - Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive
				officer of the board, in lieu of filing an accusation seeking the suspension or
				revocation of any permit or certificate or the censure of the holder of any
				such permit or certificate pursuant to Sections
				5100,
				5101
				and
				5156
				of the Business and Professions Code, may issue a citation to any person as
				defined in Section
				5035
				of the Business and Professions Code who holds a permit or certificate from the
				board for a violation of any provision of the Accountancy Act or any regulation
				adopted by the board.
(b) In his or
				her discretion, the Board's executive officer may issue a citation under this
				section to a licensee for a violation of a term or condition contained in a
				decision placing that licensee on probation.
1. New section
				  filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Change
				  without regulatory effect amending NOTE filed 11-15-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 46).
3. Amendment designating first
				  paragraph as subsection (a) and new subsection (b) filed 2-15-2008; operative
				  3-16-2008 (Register 2008, No. 7).
Note: Authority cited: Sections
					 125.9
					 and
					 5010,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95.1 - Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each citation:
(a)
				shall be in writing;
(b) shall
				describe with particularity the nature of the violation, including specific
				reference to the provision of law determined to have been violated;
(c) may contain an assessment of an
				administrative fine, an order of correction or abatement fixing a reasonable
				period of time for correction or abatement of the violation, or both an
				administrative fine and an order of correction or abatement;
(d) shall be served in accordance with the
				provisions of Section
				11505
				(c) of the Government Code;
(e) shall inform the cited person that if he
				or she 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 issuance of the citation or assessment.
1. New section
				  filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of
				  subsections (c) and (e) and amendment of NOTE filed 12-17-96; operative 1-1-97
				  pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 51).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5010,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95.2 - Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The amount of the administrative fine assessed by the
				  executive officer pursuant to this article shall not be less than $100 or more
				  than $5,000 for each investigation.
1. New section
				  filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of
				  section filed 9-23-91; operative 10-23-91 (Register 91, No. 52).
3.
				  Amendment filed 11-30-93; operative 12-30-93 (Register 93, No.
				  49).
4. Amendment of section and NOTE filed 12-17-96; operative
				  1-1-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 51).
5. Amendment filed 1-7-99; operative 1-7-99
				  pursuant to Government Code section
				  11343.4(d)
				  (Register 99, No. 2).
6. Amendment filed 7-22-99; operative 8-21-99
				  (Register 99, No. 30).
7. Change without regulatory effect amending
				  section and NOTE filed 11-15-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 46).
8. Editorial correction of
				  second table (Register 2005, No. 47).
9. Repealer and new section
				  filed 2-15-2008; operative 3-16-2008 (Register 2008, No.
				  7).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5010,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 5100(g),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95.3 - Citation Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing an administrative fine or issuing an order of
				  correction or abatement, the executive officer of the board shall give due
				  consideration to the following factors:
(a) The gravity of the violation.
(b) The good or bad faith of the cited person
				or entity.
(c) The history of
				previous violations.
(d) Evidence
				that the violation was or was not willful.
(e) The extent to which the cited person or
				entity has cooperated with the board's investigation.
(f) The extent to which the cited person or
				entity has mitigated or attempted to mitigate any damage or injury caused by
				the violation.
1. New section
				  filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of
				  first paragraph and NOTE filed 12-17-96; operative 1-1-97 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 51).
3. Change without regulatory effect amending
				  NOTE filed 11-15-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 46).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5010,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 5100(g),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95.4 - Failure to Comply 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 correction or
				  abatement or both an administrative fine and an order of correction or
				  abatement after this 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 the license or permit.
1. New section
				  filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of
				  section heading, repealer and new section, and amendment of NOTE filed
				  12-17-96; operative 1-1-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 96, No. 51).
3. Change without regulatory effect amending
				  NOTE filed 11-15-2005 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2005, No. 46).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5010,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 5100(g),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95.5 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person or entity served with a citation pursuant to this
				  Article and Sections
				  125.9
				  and
				  148
				  of the Business and Professions Code may contest the citation by appealing to
				  the board in writing within 30 calendar days of the issuance of the citation.
				  The cited person or entity may contest any or all of the following aspects of
				  the citation:
(a) The occurrence of a
				violation of the Accountancy Act or a regulation adopted by the
				board.
(b) The reasonableness of
				the order of correction or abatement.
(c) The period of time allowed for correction
				in the order of correction or abatement.
(d) The amount of the administrative fine.
If the cited person or entity fails to notify the Board of
				  his/her/its intent to contest the citation, the citation shall be deemed a
				  final order of the Board and shall not be subject to administrative
				  review.
If a cited person or entity notifies the Board that he/she/it
				  intends to contest a citation, the Board shall afford an opportunity for a
				  hearing. The Board shall thereafter issue a decision, based on findings of
				  fact, affirming, modifying or vacating the citation or penalty or both, or
				  directing other appropriate relief. The proceedings under this Section shall be
				  conducted in accordance with the provisions of Chapter 5 (commencing with
				  Section 11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code (the California Administrative Procedure
				  Act).
The failure of a cited person or entity who has appealed to
				  the Board to appear at the time and place of the hearing shall be deemed a
				  withdrawal of his, her or its appeal, and the citation shall constitute a final
				  order of the Board and shall not be subject to administrative
				  review.
1. New section
				  filed 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of
				  section and NOTE filed 12-17-96; operative 1-1-97 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 96, No. 51).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5010,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 12.5 - Citations and Fines › Section 95.6 - Unlicensed, Unregulated Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the board may issue citations, in
				  accordance with Section
				  125.9
				  and
				  148
				  of the Business and Professions Code, against any person defined in Business
				  and Professions Code Section
				  5035
				  who is acting in the capacity of a licensee under the jurisdiction of the
				  Board. Each citation may contain an assessment of an administrative fine, an
				  order of abatement fixing a reasonable period of time for abatement of the
				  violation, or both an administrative fine and an order of abatement.
				  Administrative fines shall be in a range from $100 to $5,000 for each
				  investigation. 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 1-5-90; operative 2-4-90 (Register 90, No. 3).
2. Amendment of
				  section and NOTE filed 2-15-2008; operative 3-16-2008 (Register 2008, No.
				  7).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 5010,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148,
					 5050
					 and
					 5051,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 13 - Denial, Suspension, and Revocation of Certificates, Permits, or Licenses › Section 98 - Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedure Act (Government Code Section
				  11400 et
				  seq.), the Board shall consider the disciplinary guidelines entitled
				  "Disciplinary Guidelines and Model Orders" (10th Edition, 2019), which are
				  hereby incorporated by reference. Deviation from these guidelines and orders,
				  including the standard terms of probation, is appropriate where the Board in
				  its sole discretion determines that the facts of the particular case warrant
				  such a deviation, for example: the presence of mitigating factors; the age of
				  the case; evidentiary problems.
1. New section
				  filed 6-16-97; operative 6-30-97 pursuant to Government Code section
				  11343.4(d)
				  (Register 97, No. 25).
2. Amendment of section and NOTE filed
				  5-3-2001; operative 7-1-2001 (Register 2001, No. 18).
3. Amendment
				  filed 1-23-2004; operative 1-23-2004 pursuant to Government Code section
				  11343.4
				  (Register 2004, No. 4).
4. Amendment of section and NOTE filed
				  12-12-2005; operative 1-1-2006 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 50).
5. Amendment filed 1-10-2012; operative
				  2-9-2012 (Register 2012, No. 2).
6. Amendment of section and NOTE
				  filed 6-10-2013 as an emergency; operative 7-1-2013 pursuant to Government Code
				  section
				  11343.4(b)(2)
				  (Register 2013, No. 24). A Certificate of Compliance must be transmitted to OAL
				  by 12-30-2013 or emergency language will be repealed by operation of law on the
				  following day.
7. Editorial correction of HISTORY 6 (Register 2013,
				  No. 40).
8. Certificate of Compliance as to 6-10-2013 order
				  transmitted to OAL 11-5-2013 and filed 12-18-2013 (Register 2013, No.
				  51).
9. Amendment filed 7-23-2015; operative 10-1-2015 (Register
				  2015, No. 30).
10. Amendment of "Disciplinary Guidelines and Model
				  Orders" (incorporated by reference) and amendment of section filed 6-4-2021;
				  operative 6-4-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 23). 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.
Note: Authority cited: Sections
					 5010,
					 5018
					 and
					 5116,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 5018,
					 5096,
					 5096.5,
					 5096.12,
					 5100
					 and
					 5116-
					 5116.6,
					 Business and Professions Code; and Section
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 13 - Denial, Suspension, and Revocation of Certificates, Permits, or Licenses › Section 98.1 - Mediation Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The guidelines, entitled "California Board of Accountancy
				  Mediation Guidelines" (July 17, 1998), which are hereby incorporated by
				  reference, constitute the Board's guidelines for determining whether an
				  enforcement matter under Article 6 of the Accountancy Act is appropriate for
				  referral to mediation and for the procedures and the form of the mediation
				  process.
1. New section
				  filed 1-18-2000; operative 2-17-2000 (Register 2000, No.
				  3).
Note: Authority cited: Sections
					 5010
					 and
					 5018,
					 Business and Professions Code. Reference: Sections
					 5010
					 and
					 5018,
					 Business and Professions Code; and Section
					 11420.10,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 13 - Denial, Suspension, and Revocation of Certificates, Permits, or Licenses › Section 99 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension,
				or revocation of a certificate or permit 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
				certified public accountant or public accountant if to a substantial degree it
				evidences present or potential unfitness of a certified public accountant or
				public accountant to perform the functions authorized by his or her certificate
				or permit in a manner consistent with the public health, safety, or
				welfare.
(b) In making the
				substantial relationship determination required under subdivision (a) for a
				crime, the board shall consider the following criteria:
(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 the accounting
				profession.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 13 - Denial, Suspension, and Revocation of Certificates, Permits, or Licenses › Section 99.1 - Rehabilitation Criteria for Denials, Suspensions, Revocations, Restorations, Reduction of Penalty, Etc

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				When considering the denial of a certificate or permit under Section
				480
				of the Business and Professions Code, the suspension or revocation of a
				certificate or permit under Business and Professions Code Section
				5100,
				or restoration of a revoked certificate or reduction of penalty under Section
				5115
				of the Business and Professions Code, the board will consider the following
				criteria:
(1) Nature and gravity of the
				act(s) or offense(s).
(2) Criminal
				record and evidence of any act(s) committed subsequent to the act(s) or
				offense(s) under consideration which also could be considered as grounds for
				denial, suspension or revocation.
(3) The time that has elapsed since
				commission of the act(s) or offense(s) referred to in subdivision (1) or
				(2).
(4) The extent to which the
				applicant or licensee has complied with any terms of parole, probation,
				restitution, or any other sanctions lawfully imposed against the applicant or
				licensee.
(5) If applicable,
				evidence of expungement proceedings pursuant to Section
				1203.4 of the
				Penal Code.
(6) Nature and extent
				of actual and potential consumer harm.
(7) The individual's attitude toward his or
				her commission of the violations.
(8) The individual's recognition of
				wrongdoing.
(9) The individual's
				history of violations.
(10) Nature
				and extent to which the applicant or licensee has taken corrective action to
				ensure the violation will not recur.
(11) Nature and extent of restitution to
				consumers harmed by violations.
(12) Other aggravating or mitigating
				factors.
(13) Evidence, if any, of
				rehabilitation submitted by the applicant or licensee; however, evidence of
				rehabilitation does not necessarily result in a finding that the licensee is
				rehabilitated.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 1 - State Board of Accountancy › Article 13 - Denial, Suspension, and Revocation of Certificates, Permits, or Licenses › Section 99.2 - Directly and Adversely Financial Crime Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of determining whether
				there are grounds to deny an applicant who was convicted of a financial crime
				currently classified as a felony pursuant to Section
				480
				of the Business and Professions Code, the crime shall be considered to be
				directly and adversely related to the qualifications, functions, or duties of a
				certified public accountant if it involves dishonesty, fraud, deceit, or theft
				that resulted in or could have resulted in either:
(1) Direct financial benefit to the applicant
				or another person or entity; or
(2)
				Direct financial harm to another person or entity (to include federal, state,
				or local government).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 1 - General Provisions › Section 100 - Location of Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal office of the California Architects Board is
				  located at 2420 Del Paso Road, Ste 105, Sacramento,
				  California.
1. Amendment
				  filed 6-25-54; effective thirtieth day thereafter (Register 54, No.
				  14).
2. Amendment filed 3-14-56; effective thirtieth day thereafter
				  (Register 56, No. 5).
3. Amendment filed 1-5-59 as an organizational
				  and procedural rule; effective upon filing (Register 59, No. 2).
4.
				  Amendment of division heading and section filed 12-17-92; effective 12-17-92
				  pursuant to Government Code section
				  11346.2(d)
				  (Register 92, No. 51).
5. Change without regulatory effect amending
				  section and NOTE filed 10-31-2006 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2006, No. 44).
6. Change without regulatory
				  effect amending division heading filed 11-4-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 45).
Note: Authority cited: Section
					 5526,
					 Business and Professions Code. Reference: Section
					 5500,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 1 - General Provisions › Section 101 - Tenses, Gender and Number. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 3-22-83; effective thirtieth day thereafter (Register 83, No.
				  13.)
Note: Authority cited: Section
					 5526,
					 Business and Professions Code. Reference: Section
					 14,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 1 - General Provisions › Section 102 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the rules and regulations contained in
				  this chapter, the term "board" means the California Architects Board; and the
				  term "code" means the Business and Professions Code.
1. Amendment
				  filed 12-17-92; effective 12-17-92 pursuant to Government Code section
				  11346.2(d)
				  (Register 92, No. 51).
2. Change without regulatory effect amending
				  section and adding NOTE filed 10-31-2006 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2006, No. 44).
Note: Authority cited: Section
					 5526,
					 Business and Professions Code. Reference: Section
					 5500,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 1 - General Provisions › Section 103 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The power and discretion conferred by law upon the Board to
				  receive and file accusations; issue notices of hearing, statements to
				  respondent and statements of issues; 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 and
				  calendar cases for hearing and perform other functions necessary to the
				  business-like dispatch of the business of the Board in connection with
				  proceedings under the provisions of Sections
				  11500
				  through
				  11528 of
				  the Government Code, prior to the hearing of such proceedings; to approve
				  settlement agreements for the revocation or surrender of license; and the
				  certification and delivery or mailing of copies of decisions under Section
				  11518 of
				  the Government Code are hereby delegated to and conferred upon the executive
				  officer of the Board.
1. Amendment
				  filed 3-22-83; effective thirtieth day thereafter (Register 83, No.
				  13).
2. Amendment filed 10-16-96; operative 10-16-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 42).
3. Amendment filed 9-9-2013; operative
				  1-1-2014 (Register 2013, No. 37).
Note: Authority cited: Section
					 5526,
					 Business and Professions Code. Reference: Section
					 5561.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 1 - General Provisions › Section 104 - Filing of Addresses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding a certificate of registration, license,
				  permit, or any other authority to practice architecture in the State of
				  California under any and all laws administered by the board, shall file his/her
				  proper and current business name and address and mailing address with the board
				  at its office in Sacramento, and immediately notify the board at its said
				  office of any and all changes of business name and address or mailing address,
				  giving both the old and new names or addresses.
1. Amendment
				  filed 3-14-56; effective thirtieth day thereafter (Register 56, No.
				  5).
2. Amendment filed 10-27-65; effective thirtieth day thereafter
				  (Register 65, No. 20).
3. Amendment filed 7-16-79; effective
				  thirtieth day thereafter (Register 79, No. 29).
4. Amendment filed
				  9-6-89; operative 10-6-89 (Register 89, No. 37).
Note: Authority cited: Section
					 5526,
					 Business and Professions Code. Reference: Section
					 5526,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 2 - Applications › Section 109 - Filing of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Definitions:
(1) A "new candidate" shall mean
				a candidate who is submitting his or her first application to the Board for
				eligibility evaluation for the Architect Registration Examination (ARE) or one
				who had previously submitted an application but had been determined by the
				Board to be ineligible.
(2) An
				"inactive candidate" shall mean a candidate who (A) has not taken an
				examination as a candidate of the Board for five or more years, or (B) has been
				determined by the Board to be eligible but who has not taken any examination
				since the Board's determination and five or more years have passed.
(3) "Active in the examination process" shall
				mean that there has not been a period of five or more years since (A) the
				candidate last took an examination as a candidate of the Board, or (B) the
				candidate has been determined by the Board to be eligible.
(4) A "re-examinee" shall mean a candidate
				who has previously been determined by the Board to be eligible for the ARE and
				who is active in the examination process as a candidate of the
				Board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 2 - Applications › Section 109.1 - Retired License Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				To be eligible for a retired license, an architect ("applicant") shall meet the
				requirements in subdivision (a) of Section
				5600.4 of the code and submit a
				completed application to the board as required by subsection (b).
(b)
(1) For
				the purposes of this section, a completed application for a retired license
				includes the nonrefundable fee specified in Section
				144 and all of the following
				information from the applicant:
(A) Social
				security number or individual taxpayer identification number (ITIN),
(B) California architect license
				number,
(C) Full legal name (Last
				Name, First Name, Middle Name, and (if any) Suffix),
(D) Month and year of birth,
(E) Contact information including, the
				applicant's address of record, phone numbers, and an email address (if
				any),
(F) Legal name as the
				applicant wants it to appear on their retired architect license wall
				certificate,
(G) A statement
				regarding whether the applicant is engaged in any activity for which an
				architect's license is required; and,
(H) A statement signed under penalty of
				perjury that the information provided on the application is true and
				correct.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 2 - Applications › Section 110 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension,
				or revocation of the license of an architect pursuant to Section
				141, Division 1.5 (commencing with
				Section 475), or Section
				5586 of the code, a crime,
				professional misconduct, or act shall be considered substantially related to
				the qualifications, functions, and duties of an architect if to a substantial
				degree it evidences present or potential unfitness of an architect to perform
				the functions authorized by the license in a manner consistent with the public
				health, safety, or welfare.
(b) In
				making the substantial relationship determination required under subsection (a)
				for a crime, the board shall consider all of the following criteria:
(1) The nature and gravity of the
				offense.
(2) The number of years
				elapsed since the date of the offense.
(3) The nature and duties of an
				architect.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 2 - Applications › Section 110.1 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Denial of a license.
(1) When considering the denial of an
				architect's license under Section
				480 of the code on the ground that
				the applicant has been convicted of a crime, the board 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 board shall consider the following criteria:
(A) The nature and gravity of the
				crime(s).
(B) The length(s) of the
				applicable parole or probation period(s).
(C) The extent to which the applicable parole
				or probation period was shortened or lengthened and the reason(s) the period
				was modified.
(D) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(E) 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 2 - California Architects Board › Article 2 - Applications › Section 111 - Review of Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Board shall inform a candidate for the Architect Registration Examination
				(ARE) within thirty (30) days after receipt of an Application for Eligibility
				Evaluation, as referenced in section
				109(b)(3),
				whether the application is complete and the candidate is eligible or that the
				application is deficient and what specific information or documentation is
				required to complete the application.
(b)
(1) The
				Board shall notify a candidate within one hundred and fifty (150) days after
				the filing of a complete Application for Eligibility Evaluation for the ARE of
				his or her results thereon. These processing times apply to those candidates
				who are eligible and who take first available scheduled appointment for the
				ARE.
(2) The Board shall notify a
				candidate within one hundred and sixty-five (165) days after the filing of a
				complete application for the California Supplemental Examination of his or her
				results thereon. These processing times apply to those candidates who submit
				their complete California Supplemental Examination application on the
				examination filing deadline.
(3)
				The Board shall decide within three hundred and thirty (330) days after the
				filing of an Application for Eligibility Evaluation whether the candidate meets
				the requirements for original licensure. The actual processing time applies to
				those candidates who are eligible for licensure and who take and pass the first
				available examinations and who initially submitted a complete Application for
				Eligibility Evaluation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 2 - Applications › Section 112 - Processing Times. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 11-10-88; operative 12-10-88 (Register 88, No. 49).
2.
				  Amendment filed 10-16-96; operative 10-16-96 pursuant to Government Code
				  section
				  11343.4(d)
				  (Register 96, No. 42).
3. Change without regulatory effect amending
				  table heading filed 10-15-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 42).
4. Change without regulatory
				  effect repealing section filed 8-11-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 33).
Note: Authority cited: Section
					 5526,
					 Business and Professions Code; and Section
					 15376,
					 Government Code. Reference: Section
					 15376,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 3 - Examinations › Section 116 - Eligibility for Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This section shall apply to candidates who are not licensed
				  architects and who are not eligible for reciprocity pursuant to Section
				  121.
(a) To be eligible for the Architect
				Registration Examination (ARE), a candidate shall meet one of the following
				requirements below and possess an active NCARB Record with the National Council
				of Architectural Registration Boards:
(1)
				Have a degree in architecture accredited by the National Architectural
				Accrediting Board from a school of architecture as approved by the Board,
				or
(2) Have at least sixty (60) net
				months of architectural training and experience under the direct supervision of
				an architect in private practice or the equivalent as evaluated by the Board,
				or
(3) Have a combination of
				educational and experience credit as evaluated by the Board such as to total
				sixty (60) net months.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 3 - Examinations › Section 118 - Time and Place of Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Examinations shall be held at such times and places as may be
				  determined by the board.
1. Repealer
				  and new section filed 2-24-83; effective upon filing pursuant to Government
				  Code Section
				  11346.2(d)
				  (Register 83, No. 9).
Note: Authority cited: Section
					 5526,
					 Business and Professions Code. Reference: Section
					 5550,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 3 - Examinations › Section 118.5 - Examination Transfer Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A candidate who is not a licensed architect and who has
				  passed an examination prepared by NCARB or divisions thereof in another United
				  States or Canadian jurisdiction shall be entitled to receive Board credit, in
				  accordance with sections
				  119,
				  119.5,
				  119.6,
				  119.7, and
				  119.8 for those examination
				  sections or divisions as they correspond to the ARE
				  divisions.
1. New section
				  filed 1-15-2003; operative 2-14-2003 (Register 2003, No. 3).
2.
				  Amendment filed 9-29-2016; operative 10-1-2016 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2016, No. 40).
Note: Authority cited: Sections
					 5526
					 and
					 5550,
					 Business and Professions Code. Reference: Section
					 5500,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 2 - California Architects Board › Article 3 - Examinations › Section 119.7 - Examination Transition Plan - Are 3.1 to Are 4.0

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Effective July 1, 2008, all candidates
				for licensure as an architect who have not passed at least one division of the
				Architect Registration Examination Version 3.1 (ARE 3.1) will be required to
				take and pass all divisions of Architect Registration Examination Version 4.0
				(ARE 4.0) and versions thereafter.
(b) Effective July 1, 2008, all candidates
				for licensure as an architect who have passed at least one division of ARE 3.1
				will have until June 30, 2009 to pass all remaining divisions of ARE
				3.1.
(c) Effective July 1, 2009,
				candidates for licensure as an architect who have not passed all divisions of
				ARE 3.1 by June 30, 2009 will be required to transition to ARE 4.0 and versions
				thereafter.
Candidates who are required to transition from ARE 3.1 to ARE
				  4.0 will be required to take and pass divisions of ARE 4.0 in accordance with
				  the following transition chart:
Divisions Not Passed in
							 Version 3.1
Divisions Required for Version
							 4.0
Pre-Design Programming
Planning & Practice
General Structures
Structural Systems
Lateral Forces
Structural Systems
Mechanical & Electrical Systems
Building Systems
Building Design/Materials &
							 Methods
Building Design & Construction
							 Systems
Construction Documents & Services
Construction Documents & Services
Site Planning Programming
Planning & Practice
Site Planning & Design
Building Planning
Schematic Design
Building Technology
Building Design & Construction Systems
Building Systems
Construction Documents & Services
Structural Systems
1. New section
				  filed 6-30-2008; operative 7-1-2008 pursuant to Government Code section
				  11343.4
				  (Register 2008, No. 27).
Note: Authority cited: Sections
					 5526
					 and
					 5550,
					 Business and Professions Code. Reference: Section
					 5550,
					 Business and Professions Code.