reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 35 - California Auctioneer Commission › Article 1 - Fees › Appendix - Appendix

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Assigned
Designated Positions
Disclosure Category
Board Member.
I
Executive Officer.
I
Member, Council of Advisers.
I
Member, Disciplinary Review
							 Committee.
I
Consultant [FNa1] .
I
_
Disclosure Categories
I. All designated employees shall report any
				investment in, business positions in, or any income from:
1. Any person rendering services or selling
				products to the Commission, or the manufacturers, wholesalers or distributors
				of such products.
2. Any person,
				school, college or university offering individual courses and/or a curriculum
				which is approved by the Board.
3.
				Any person against whom the Board is contemplating legal or administrative
				action, has legal or administrative action pending or has intervened in such
				action.
4. Any person engaged in a
				profession or business regulated or licensed by the Commission, or has a
				license application pending before the Commission.
[FNa1] Consultants shall be included in the list of
				  designated employees and shall disclose pursuant to the broadest disclosure
				  category in the code, subject to the following limitation:
[FNThe] Executive Officer may determine in writing that a
				  particular consultant, although a "designated position," is hired to perform a
				  range of duties that is limited in scope and thus is not required to fully
				  comply with the disclosure requirements in this section. Such written
				  determination shall include a description of the consultant's duties and, based
				  upon that description, a statement of the extent of disclosure requirements.
				  The Executive Officer's determination is a public record and shall be retained
				  for public inspection in the same manner and location as this conflict of
				  interest code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 1 - General Provisions › Section 3600 - Terms and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in the chapter:
(a) "Act" means the Dispute Resolution
				Programs Act of 1986, commencing with Section
				465
				of the California Business and Professions Code.
(b) "Code" means the California Business and
				Professions Code.
(c) "Department
				of Consumer Affairs" means the California State Department of Consumer Affairs,
				located at 1020 N Street, Room 504, Sacramento, California 95814.
(d) "Regulations" refers to California Code
				of Regulations, Title 16, Chapter 36, commencing with Section
				3600.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Section
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 1 - General Provisions › Section 3601 - Application of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These Regulations apply to dispute resolution services
				  provided pursuant to the Act, to counties that fund dispute resolution programs
				  pursuant to the Act, and to the dispute resolution programs that receive
				  funding pursuant to the Act. These Regulations supplement the requirements of
				  the Act, and must be read, interpreted and applied in conjunction with the
				  Act.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 471
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 1 - General Provisions › Section 3602 - Dispute Resolution Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Dispute resolution services refers to a
				variety of dispute resolution processes and techniques, both proven and
				experimental, which are designed to assist parties in resolving disputes
				without the necessity of formal judicial proceedings, and include:
(1) Conciliation, which means a process of
				independent communications between the disputants and a neutral
				person.
(2) Mediation, which means
				a process in which a neutral person(s) facilitates communication between the
				disputants to assist them in reaching a reconciliation, settlement, or other
				understanding.
(3) Arbitration,
				which means a voluntary adjudicative process in which a neutral person conducts
				a hearing, receives spoken and/or written evidence from the disputants and
				their witnesses, and renders a decision that may be binding or nonbinding
				depending on the consent of the disputants.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 2 - General Eligibility and Application Requirements › Section 3605 - Eligibility for Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every applicant for funding shall comply with all relevant
				  provisions of the Act and shall also meet the eligibility requirements
				  described in this section. Evidence of compliance with each of these
				  requirements shall be submitted to the Board of Supervisors or its designee at
				  the time of application.
(a)
				Organizational Status.
(1) Every applicant
				for funding must certify that its status is one of the following:
(A) A distinct, definitive unit of a
				governmental entity with a separate and identifiable annual budget;
(B) A nonpartisan, nonprofit corporation;
				or
(C) A distinct, definitive
				component or project of a nonpartisan, nonprofit corporation with a separate
				and identifiable annual budget.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 2 - General Eligibility and Application Requirements › Section 3608 - Grant Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In addition to the requirements of Section
				468.2 of the Act, all applicants
				shall also provide the following as part of their application for funding:
(1) A description of the applicant's
				organizational structure, including that of any sponsoring or parent
				organizations;
(2) A description of
				the proposed geographic area of service, the service population, and the number
				of persons the applicant will have the capacity to serve on an annual
				basis;
(3) A description of the
				types of disputes to be handled, the types of dispute resolution services to be
				offered, and any restrictions to be imposed by the program;
(4) A description of any fee schedule to be
				used;
(5) A list of civic groups,
				social services agencies, governmental entities, and justice system agencies
				available to accept and make referrals to the applicant;
(6) A description of the applicant's plans
				for publicizing its services to potential referral agencies, courts and justice
				system agencies, and the public;
(7) The applicant's organizational chart,
				personnel policies, duty statements, and resumes of all professional
				staff.
(8) A statement that in
				hiring staff, recruiting volunteers, or rendering services, the applicant will
				not discriminate with regard to race, religious creed, color, national origin,
				ancestry, physical handicap, medical condition, marital status, sex, sexual
				orientation or age.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 2 - General Eligibility and Application Requirements › Section 3609 - Coordination with Department of Consumer Affairs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At the time of submission of the application to the Board of
				  Supervisors or its designee, every applicant shall forward to the Department of
				  Consumer Affairs a copy of the application and supporting documentation for its
				  request for funding pursuant to the Act.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 471
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 2 - General Eligibility and Application Requirements › Section 3611 - Voluntary Participation by Criminal Defendants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of satisfying the eligibility requirements
				  for funding, applicants who provide dispute resolution services to accused
				  persons or defendants in pending criminal proceedings shall not be deemed to
				  violate Section
				  467.2(f) of the
				  Code so long as Section
				  467.7(b) of the
				  Code is satisfied.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 467.2(f),
					 467.7(b)
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3615 - Budgetary Allocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the duration of the grant period, a minimum of 51% of the
				  Grantee's budget for the grant period must be allocated and expended for
				  dispute resolution services, as defined in these Regulations, which may include
				  collateral services, as defined in these Regulations.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 467.1,
					 468,
					 469,
					 470.1(b),
					 470.2
					 and
					 471.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3618 - Fees for Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Under the Act and these Regulations, a Grantee is not required to charge fees
				to disputants for dispute resolution services. However, if a Grantee charges
				fees for its dispute resolution services, such fees must be assessed on a
				sliding scale basis, according to income and financial need. The Grantee shall
				fully explain to all disputants, in advance of the services being furnished,
				the basis for and the amount of any fees and other costs that may be
				charged.
(b) A Grantee may not
				assess any fees upon disputants who are indigent. "Indigent" includes persons
				whose income and resources meet the financial qualifications for federal
				Supplemental Security Income benefits.
(c) A Grantee is prohibited from charging the
				following fees:
(1) contingent
				fees;
(2) fees calculated on the
				basis of the amount in controversy; or
(3) fees based on the failure or success of
				the disputants to agree to resolution terms previously designated by one or
				more of the disputants.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3620 - Services by Neutral Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Grantee shall ensure that its dispute
				resolution services are provided by neutral persons.
(b) An individual shall not function as the
				neutral person if he or she has any personal bias regarding any particular
				disputant or the subject matter of the dispute.
(c) An individual shall not function as the
				neutral person if he or she has a financial interest in the subject matter of
				the dispute of a financial relationship with any party to the dispute
				resolution proceeding. The existence of such interests or relationships shall
				be deemed a conflict of interest.
(d) If, before or during the provision of
				dispute resolution services, a neutral person has or acquires an actual or
				apparent conflict of interest, the neutral person shall so inform all of the
				disputants, and shall disqualify himself or herself as the neutral person
				unless all of the disputants consent in writing to continue. The Grantee shall
				replace a disqualified neutral person at no additional cost to any
				disputant.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 467.2(b) and
					 (e) and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3626 - Agreements by Disputants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Oral or Written Agreements. Agreements reached between disputants as a result
				of the dispute resolution services may be oral or written.
(b) Presumption of Non-Enforceability. Under
				section 467.4 of the Code, such agreements
				are presumed not enforceable or admissible as evidence in judicial or
				administrative proceedings.
(c)
				Option to Make Agreements Enforceable.
Disputants may elect to make their agreements enforceable at
				  law or admissible as evidence at judicial or administrative proceedings. This
				  election may be made at any time. To be enforceable or admissible, an agreement
				  must:
(1) Be in writing and signed by
				all disputants, and
(2) Contain an
				Enforcement of Agreement Statement that clearly expresses that each disputant
				intends that the agreement will be enforceable at law and/or admissible as
				evidence in any judicial or administrative proceeding.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3630 - Attorney Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Disputants are entitled to be accompanied
				by an attorney at any dispute resolution session.
(b) Participation by attorneys in dispute
				resolution proceedings may be restricted by the policy of the Grantee. Such
				policies shall be clearly explained in the Information Statement provided to
				disputants.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Section
					 467.3(c)(2),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3632 - Information and Referral Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Grantee deems it appropriate or when disputants
				  request it, a Grantee may provide the disputants with information about the
				  services of other agencies. However, no commissions, rebates, or any other form
				  of payment shall be given or received by a Grantee, its staff, or its
				  volunteers for referring disputants to other services or
				  agencies.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Section
					 465.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 3 - Grantee Operations, Training and Service Standards › Section 3635 - Follow-up Surveys

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Yearly or on a more frequent basis, Grantees shall conduct follow-up surveys of
				disputants who have used their services.
(b) The surveys shall request the disputants'
				evaluations of:
(1) the dispute resolution
				services provided by the Grantee;
(2) the fairness or adequacy of the
				settlement agreement or award;
(3)
				any particular difficulties experienced by the disputant in carrying out and
				obtaining compliance with the settlement agreement or award;
(4) the disputant's willingness to use the
				Grantee's services in the future;
(5) the disputant's willingness to recommend
				the Grantee's services to others who are involved in
				disputes.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 4 - Grantee Management, Accounting, and Reporting Requirements › Section 3640 - In-Kind Donations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In-kind donations, including services of volunteers and materials and/or
				property, may be reported or credited as revenue or expenditures, if such
				donations:
(1) Will be received during the
				proposed budgetary period;
(2)
				Represent necessary and ordinary expenses or services related to the operation
				and management of the Grantee; and
(3) Serve a purpose consistent in nature and
				cost with the Grantee's operation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 4 - Grantee Management, Accounting, and Reporting Requirements › Section 3642 - Yearly Fiscal Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Grantee shall submit a yearly report prepared by an independent accountant that
				describes and assesses the Grantee's fiscal practices and status. The report
				shall be delivered to the Board of Supervisors or its designee and to the
				Department of Consumer Affairs no later than 90 days from the close of the
				grant period.
(b) Annually or
				within ninety days of the close of each grant period, the Grantee shall submit
				to the Board of Supervisors or its designee and to the Department of Consumer
				Affairs a final reconciliation of actual revenues and expenses compared to the
				estimated budget for the grant period.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 470.1(b),
					 471,
					 471.3
					 and
					 471.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 4 - Grantee Management, Accounting, and Reporting Requirements › Section 3644 - Record-Keeping Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				All records and files maintained pursuant to section
				471.5 of the Code shall be
				retained as follows:
(1) All financial records
				shall be retained for a minimum of four years after the expiration of the grant
				period.
(2) Signed personnel time
				sheets for volunteers and employees shall be maintained for a period of two
				years.
(3) All other statistical
				data shall be retained for a period of three years.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 4 - Grantee Management, Accounting, and Reporting Requirements › Section 3648 - Personnel Policies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each Grantee shall have an employee designated as "Program Administrator." The
				Program Administrator shall be responsible for overall program
				management.
(b) Each Grantee shall
				maintain written job descriptions and job qualifications for all staff and
				volunteer classifications.
(c) Each
				Grantee shall maintain a current organizational chart that reflects its
				organizational structure.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 465,
					 465.5,
					 471,
					 471.3
					 and
					 471.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 4 - Grantee Management, Accounting, and Reporting Requirements › Section 3650 - Public Education and Relations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Grantee shall maintain an ongoing public relations and
				  information effort to promote its services and resources. These public
				  relations efforts may include newspaper, radio, television and other public
				  media contacts as well as written brochures and handouts.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 465,
					 465.5,
					 471
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 5 - County Use of Fees and Grant Management › Section 3660 - Filing Fee Revenues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				county shall create a separate interest-bearing account called the Dispute
				Resolution Program Account for the deposit of revenues generated pursuant to
				the Act.
(1) All filing fees collected by the
				county pursuant to the Act shall be deposited into the account.
(2) All interest which accrues to the account
				shall be deemed part of the account.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 5 - County Use of Fees and Grant Management › Section 3662 - Public Information and Coordination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each Board of Supervisors or its designee
				shall appoint or designate a qualified person to function as the Dispute
				Resolution Program Coordinator.
(1) The
				Coordinator shall be the public's contact person and information resource
				regarding the county's grant solicitation and award procedures, the county's
				functions and responsibilities under the Act and these Regulations, and the
				dispute resolution programs and services provided by the county.
(2) The Board of Supervisors or its designee
				shall notify the Department of Consumer Affairs of the Coordinator's name,
				address, and telephone number.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 5 - County Use of Fees and Grant Management › Section 3665 - Competitive Grant Proposal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Board of Supervisors or its designee
				shall award grants to dispute resolution programs through a competitive
				proposal process. The process shall: provide reasonable public notice about the
				availability of dispute resolution program grants; actively solicit proposals
				from potential applicants; provide a reasonable period of time in which to
				respond; and, explain the reasons for selection of each Grantee.
(b) The Board of Supervisors, or its
				designee, shall review the estimated budget for the grant period submitted by
				an applicant pursuant to section
				3605(b) of these
				Regulations to assess its accuracy. Such assessment shall include the authority
				to determine whether the reported estimations are substantiated and justified.
				In making allocations, the county shall use the facts reported in the
				applicant's estimated budget as assessed and verified by the county.
(c) Qualified applicants shall be screened by
				the county according to the following criteria:
(1) The need for the applicant's services in
				the proposed geographical area and any duplication or overlap among dispute
				resolution programs in the proposed area of service.
(2) The structure and scope of the services
				to be provided by the applicant.
(3) The amount of the requested
				grant.
(4) The reliability of the
				applicant's other funding sources.
(5) The adequacy and cost of facilities and
				personnel.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 5 - County Use of Fees and Grant Management › Section 3670 - Grant Award Timeframes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A Board of Supervisors that increases its civil filing fees pursuant to the Act
				shall disperse the grant funds to eligible applicants within six months from
				the effective date of the increase or, if the balance in the account has not
				yet reached $15,000, within 90 days after the date that the balance reaches
				$15,000.
(b) The Board of
				Supervisors or its designee shall notify the Department of Consumer Affairs of
				its selection of any Grantee within 30 days after the selection is made.
				Notification shall include the name, address, and telephone number of each
				Grantee, the name of the each Grantees' Program Administrator, and the amount
				and terms of the grant award.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 467.1,
					 469,
					 470,
					 470.3
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 5 - County Use of Fees and Grant Management › Section 3675 - Reporting to Department of Consumer Affairs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ninety days of each calendar year, the Board of
				  Supervisors or its designee shall provide the Department of Consumer Affairs
				  with a report of its activities pursuant to the Act during the previous
				  calendar year. The report shall include the following:
(a) The amount of revenues that were
				collected from superior, municipal, and justice court filing fees during the
				year.
(b) The amount of revenues
				deposited in and interest accrued on the dispute resolution program account
				during the year.
(c) An accounting
				of all disbursements from the dispute resolution program account, including a
				listing of all grant amounts to Grantees, the dates of disbursements, and all
				deductions made pursuant to the county's administrative costs.
(d) Any problems encountered in implementing
				the Act or these Regulations, and any recommendations for rectifying the
				problems.
(e) Any evaluations or
				review processes instituted to monitor the services provided by
				Grantees.
(f) Any evidence of
				misuse or misappropriation of revenues by Grantees.
(g) Any rules or procedures in addition to
				the Act and these Regulations that have been invoked by the Board of
				Supervisors or its designee upon applicants for funding or Grantees.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 471
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 36 - Dispute Resolution Advisory Council › Article 5 - County Use of Fees and Grant Management › Section 3680 - Local Administrative Policies and Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board of Supervisors or its designee shall comply with
				  all standards set forth in the Act and these Regulations. Neither the Board of
				  Supervisors nor its designee shall institute any policies, practices, or
				  procedures that conflict with the Act, these Regulations, or the policies and
				  principles expressed in the Act's statement of legislative
				  intent.
1. New section
				  filed 8-31-89; operative 9-30-89 (Register 89, No.
				  36).
Note: Authority cited: Section
					 471,
					 Business and Professions Code. Reference: Sections
					 471
					 and
					 471.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 4 - Unlawful Detainer Assistants › Article 1 - Review of Denial of Registration or Renewal of Registration › Section 3850 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms have the following meanings in this
					 article:
(a) "Applicant" means an
				  individual who has submitted an application to a county clerk for registration
				  as an unlawful detainer assistant and who has been denied registration or
				  renewal of registration by the county clerk under subdivision (c) of section
				  6406
				  of the Business and Professions Code.
(b) "Application" means an application form
				  prepared by the clerk of a county that an applicant for registration as an
				  unlawful detainer assistant in that county has properly completed and submitted
				  to the county clerk, and that the county clerk has returned to the applicant
				  under subdivision (c) of section
				  6406
				  of the Business and Professions Code.
(c) "Department" means the Department of
				  Consumer Affairs.
(d) "Director"
				  means the director of the Department of Consumer Affairs or his or her
				  designee.
(e) "Disqualifying event"
				  means a conviction, civil judgment or revocation of registration described in
				  subdivision (b) of section
				  6406
				  of the Business and Professions Code. The term also means a disbarment or
				  suspension from the practice of law described in section
				  6402
				  of the Business and Professions Code.
(f) "Unlawful detainer assistant" has the
				  same meaning as in subdivision (a) of section
				  6400
				  of the Business and Professions Code.
1. New
					 subchapter 4 (section
					 3850) and section filed 3-15-96;
					 operative 4-14-96 (Register 96, No. 11).
2. Editorial correction
					 changing subchapter 4 to chapter 4 (Register 96, No. 13).
3. New
					 article 1 (sections
					 3850-3890), renumbering of former
					 section 3850 to section
					 3890, and new section
					 3850 filed 6-15-99; operative
					 7-1-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 25).
Note: Authority cited: Section
						6406,
						Business and Professions Code. Reference: Sections
						10,
						6400,
						6402
						and
						6406,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 4 - Unlawful Detainer Assistants › Article 1 - Review of Denial of Registration or Renewal of Registration › Section 3860 - Request for Review of Denial of Registration or Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following a county clerk's denial of
				  registration or renewal of registration as an unlawful detainer assistant
				  pursuant to subdivision (c) of section
				  6406
				  of the Business and Professions Code, an applicant who wishes the director to
				  review the denial shall submit the following documents to the director at the
				  department's headquarters: the application that the applicant submitted to the
				  county clerk and the county clerk's notice specifying the reasons for the
				  denial of registration or renewal of registration.
(b) The applicant also shall submit to the
				  director a certified copy of each final judgment and a certified copy of each
				  conviction and disposition for each civil judgment, criminal conviction and
				  revocation of registration that is disclosed on the applicant's application or
				  cited in the county clerk's notice of denial.
(c) The applicant also shall submit to the
				  director a certified copy of the order disbarring or suspending the applicant
				  from the practice of law if a disbarment or suspension is disclosed in the
				  application or is cited in the county clerk's notice of denial.
(d) The applicant also may submit any other
				  relevant written information that the applicant wishes the director to
				  consider.
(e) The applicant's
				  request for review shall not be deemed to be submitted under section
				  3880 until the director has
				  received at the department's headquarters all of the documents required by
				  subdivision (a) and all of the documents as required by subdivisions (b) and
				  (c).
1. New
					 section filed 6-15-99; operative 7-1-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 25).
Note: Authority cited: Section
						6406,
						Business and Professions Code. Reference: Section
						6406,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 4 - Unlawful Detainer Assistants › Article 1 - Review of Denial of Registration or Renewal of Registration › Section 3880 - Director's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 30 days of the applicant's submission of his or her
					 request for review under section
					 3860, the director shall complete
					 the review and determination process prescribed by section
					 3870 and shall send to the
					 applicant and the county clerk a written decision listing the reasons that
					 registration shall be granted or denied. The director shall order the
					 applicant's certificate of registration to be granted if the director
					 determines that issuance of the certificate is not likely to expose consumers
					 to a significant risk of harm. The director shall order the applicant's
					 certificate of registration to be denied if the director determines that
					 issuance of the certificate is likely to expose consumers to a significant risk
					 of harm.
1. New
					 section filed 6-15-99; operative 7-1-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 25).
Note: Authority cited: Section
						6406,
						Business and Professions Code. Reference: Section
						6406,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 5 - Legal Document Assistants › Article 2 - Review of Denial of Registration or Renewal of Registration › Section 3910 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following terms have the following meanings in this
					 article:
(a) "Applicant" means an
				  individual, partnership or corporation that has submitted an application to a
				  county clerk for registration as a legal document assistant and that has been
				  denied registration or renewal of registration by the county clerk under
				  subdivision (c) of section
				  6406
				  of the Business and Professions Code.
(b) "Application" means the application form
				  prescribed by subdivision (a) or (b) of section
				  3900 that an applicant has
				  properly completed and submitted to a county clerk, and that the county clerk
				  has returned to the applicant under subdivision (c) of section
				  6406
				  of the Business and Professions Code.
(c) "Department" means the Department of
				  Consumer Affairs.
(d) "Director"
				  means the director of the Department of Consumer Affairs or his or her
				  designee.
(e) "Disqualifying event"
				  means a conviction, civil judgment or revocation of registration described in
				  subdivision (b) of section
				  6406
				  of the Business and Professions Code. The term also means a disbarment or
				  suspension from the practice of law described in section
				  6402
				  of the Business and Professions Code.
(f) "Legal document assistant" has the same
				  meaning as in subdivision (c) of section
				  6400
				  of the Business and Professions Code.
1. New
					 article 2 (sections
					 3910-3940) and section filed
					 8-12-99; operative 8-16-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 33).
Note: Authority cited: Section
						6406,
						Business and Professions Code. Reference: Sections
						10,
						6400,
						6402
						and
						6406,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 5 - Legal Document Assistants › Article 2 - Review of Denial of Registration or Renewal of Registration › Section 3920 - Request for Review of Denial of Registration or Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Following a county clerk's denial of
				  registration or renewal of registration as a legal document assistant pursuant
				  to subdivision (c) of section
				  6406
				  of the Business and Professions Code, an applicant who wishes the director to
				  review the denial shall submit the following documents to the director at the
				  department's headquarters:
(1) the
				  application that the applicant submitted to the county clerk and
(2) the county clerk's notice specifying the
				  reasons for the denial of registration or renewal of
				  registration.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 5 - Legal Document Assistants › Article 2 - Review of Denial of Registration or Renewal of Registration › Section 3940 - Director's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 30 days of the applicant's submission of his or her
					 request for review under section
					 3920, the director shall complete
					 the review and determination process prescribed by section
					 3930 and shall send to the
					 applicant and the county clerk a written decision listing the reasons that
					 registration shall be granted or denied. The director shall order the
					 applicant's certificate of registration to be granted if the director
					 determines that issuance of the certificate is not likely to expose consumers
					 to a significant risk of harm. The director shall order the applicant's
					 certificate of registration to be denied if the director determines that
					 issuance of the certificate is likely to expose consumers to a significant risk
					 of harm.
1. New
					 section filed 8-12-99; operative 8-16-99 pursuant to Government Code section
					 11343.4(d)
					 (Register 99, No. 33).
Note: Authority cited: Section
						6406,
						Business and Professions Code. Reference: Section
						6406,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 1 - General Provisions › Section 4000 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Chapter 6 of Division 38 of Title 16 shall be cited and
					 referred to as the "Telephone Medical Advice Services Regulations."
1. New
					 chapter 6 (articles 1-5, sections
					 4000-4040), article 1 (sections
					 4000-4001) and section filed
					 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to Business and
					 Professions Code section
					 4999.9,
					 a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or
					 emergency language will be repealed by operation of law on the following day.
					 Submitted to OAL for printing only (Register 2000, No. 38).
2.
					 Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New
					 chapter 6 (articles 1-5, sections
					 4000-4040), article 1 (sections
					 4000-4001) and section refiled
					 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001, No. 12). A
					 Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency
					 language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-19-2001 order transmitted
					 to OAL 7-16-2001 and filed 8-24-2001 (Register 2001, No.
					 34).
Note: Authority cited: Section
						4999.6,
						Business and Professions Code. Reference: Section
						4999,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 1 - General Provisions › Section 4001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of the regulations contained in this
					 chapter, the terms:
(a) "Act" shall
				  mean the laws governing telephone medical advice services as contained in
				  Chapter 15 (commencing with Section
				  4999) of Division 2 of the
				  Business and Professions Code, Section
				  1348.8
				  of the Health and Safety Code, and Section
				  10279 of
				  the Insurance Code.
(b) "Bureau"
				  shall mean the Telephone Medical Advice Services Bureau within the Department
				  of Consumer Affairs.
(c) "Business"
				  shall mean individual, partnership, corporation, company and any other business
				  entity.
(d) "Code" shall mean the
				  Business and Professions Code.
(e)
				  "Consumer" shall mean "patient," "client," or any other user of a telephone
				  medical advice services residing in California.
(f) "Registrant" shall mean a telephone
				  medical advice services business registered by the Bureau under the Act,
				  including the individual owner, partners, officers, members or trustees of the
				  registrant.
1. New
					 section filed 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to
					 Business and Professions Code section
					 4999.9,
					 a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or
					 emergency language will be repealed by operation of law on the following day.
					 Submitted to OAL for printing only (Register 2000, No. 38).
2.
					 Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New
					 section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001,
					 No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-19-2001 order, including
					 amendment of section, transmitted to OAL 7-16-2001 and filed 8-24-2001
					 (Register 2001, No. 34).
Note: Authority cited: Section
						4999.6,
						Business and Professions Code. Reference: Section
						4999,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 2 - Applications › Section 4010 - Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Businesses
				  applying for initial registration shall complete and submit the Application for
				  Registration Form A-1 Rev: 03/13/2001, incorporated herein by reference, and
				  Form A-2 Rev: 03/13/2001 incorporated herein by reference and fee prescribed in
				  Section 4040(a) to the
				  Bureau for processing.
(b) In
				  addition to the information required by Section
				  4999.1 of the Code, an applicant
				  shall comply with the following requirements:
(1) If the business is a limited liability
				  company, the application shall be signed by one of the owners, and she or he
				  shall be identified as the owner, partner, president, secretary, member, or
				  trustee.
(2) If the business is a
				  corporation, the name and address of the corporation shall be
				  provided.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 2 - Applications › Section 4012 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of denial, suspension, or revocation of a
					 Telephone Medical Advice Services registration 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 or duties of a telephone medical advice service if it evidences
					 present or potential unfitness of a telephone medical advice service to perform
					 the functions authorized by its registration in a manner consistent with the
					 public health, safety, or welfare.
1. New
					 section filed 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to
					 Business and Professions Code section
					 4999.9,
					 a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or
					 emergency language will be repealed by operation of law on the following day.
					 Submitted to OAL for printing only (Register 2000, No. 38).
2.
					 Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New
					 section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001,
					 No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or
					 emergency language will be repealed by operation of law on the following
					 day.
4. Certificate of Compliance as to 3-19-2001 order transmitted
					 to OAL 7-16-2001 and filed 8-24-2001 (Register 2001, No.
					 34).
Note: Authority cited: Section
						4999.6,
						Business and Professions Code. Reference: Sections
						475
						and
						4999.3,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 6 - Telephone Medical Advice › Article 2 - Applications › Section 4013 - Criteria for Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Bureau shall evaluate the
				  rehabilitation of the applicant, or registrant, or petitioner and her or his
				  present eligibility for a registration under the following circumstances:
(1) When considering the denial of an
				  applicant for registration under the provisions of Section
				  480 of the Code.
(2) When considering the suspension or
				  revocation of a registration on the grounds that a registrant has been
				  convicted of a crime.
(3) When
				  considering a petition for reinstatement of a registration under the provisions
				  of Section
				  11522 of
				  the Government Code.