reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7 - Chiropractic Corporations › Section 367.7 - Name of Corporation. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-30-2013; operative 10-1-2013 (Register 2013, No.
				  31).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7 - Chiropractic Corporations › Section 367.8 - Security for Claims Against a Chiropractic Corporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a chiropractic corporation provides
				security by means of insurance for claims against it by its patients, the
				security shall consist of a policy or policies of insurance insuring the
				corporation against liability imposed upon it by law for damages arising out of
				claims against it by its patients arising out of the rendering of, or failure
				to render, chiropractic services by the corporation an amount for each claim of
				at least $50,000 multiplied by the number of employed licensed persons
				rendering such chiropractic services and an aggregate maximum limit of
				liability per policy year of at least $150,000 multiplied by the number of such
				employees, provided that the maximum coverage shall not be required to exceed
				$150,000 for each claim and $450,000 for all claims during the policy year, and
				provided further that the deductible portion of such insurance shall not exceed
				$5,000 multiplied by the number of such employees.
(b) All shareholders of the corporation shall
				be jointly and severally liable for all claims established against the
				corporation by its patients arising out of the rendering of, or failure to
				render, chiropractic services up to the minimum amounts specified for insurance
				under subsection (a) hereof except during periods of time when the corporation
				shall provide and maintain insurance for claims against it by its patients
				arising out of the rendering of, or failure to render chiropractic services.
				Said insurance, when provided, shall meet the minimum standards established in
				subsection (a) above.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7 - Chiropractic Corporations › Section 367.9 - Shares: Ownership and Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The shares of a chiropractic corporation
				may be issued only to a licensed person and may be transferred only to a
				licensed person or to the issuing corporation.
(b) Where there are two or more shareholders
				in a chiropractic corporation and one of the shareholders:
(1) Dies, or
(2) Becomes a disqualified person as defined
				in Section
				13401(d)
				of the Corporations Code, for a period exceeding ninety (90) days, his or her
				shares shall be transferred to a licensed person or to the issuing chiropractic
				corporation, on such terms as are agreed upon. Such transfer shall occur not
				later than six (6) months after any such death and not later than ninety (90)
				days after the date he or she becomes a disqualified person. A person
				disqualified by license suspension or revocation shall notify the Board when
				his or her shares are transferred. In the event that a person becomes
				disqualified by death, the representative of the deceased shareholder shall
				notify the Board of the transfer of the deceased shareholder's
				shares.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7 - Chiropractic Corporations › Section 367.10 - Certificate of Registration; Continuing Validity; Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Certificate of Registration shall
				continue in effect until it is suspended or revoked. Such certificate may be
				suspended or revoked for any of the grounds permitted by law.
(b) Each chiropractic corporation shall file
				a special report, on a form provided by the Board, within 30 days of any change
				of the officers, directors, shareholders, employees rendering professional
				services, and articles of incorporation.
(c) Each special report filed hereunder shall
				be accompanied by a filing fee of five dollars ($5).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7.5 - License Renewal Requirements › Section 370 - License Renewal Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following represents fees for license renewals:
(a) Annual license renewal for active and
				inactive licenses: $250
(b) License
				restoration for forfeited and cancelled licenses: double the annual renewal
				fee
(c) Inactive to active status
				license renewal: same as the annual license renewal fee
1. New article
				  7.5 (sections
				  370-372) and section filed
				  5-9-2011; operative 6-8-2011 (Register 2011, No.
				  19).
Note: Authority cited: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code (Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii). Reference: Sections
					 1000-
					 4(b),
					 1000-
					 10
					 and
					 1000-
					 12,
					 Business and Professions Code (Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7.5 - License Renewal Requirements › Section 371 - Annual License Renewals and Restoration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section shall apply to
				non-disciplinary license renewal and restoration. Disciplinary license
				restoration conditions are defined in Section
				1000-
				10
				of the Business and Professions Code (Chiropractic Initiative Act of
				California, Stats. 1923 p.1xxxviii).
(b) A license shall expire annually on the
				last day of the licensee's birth month. For purposes of this section, the
				following terms have the following meanings:
(1) "License in forfeiture" is a license that
				has not been renewed within 60 days following its expiration date.
(2) "Inactive license" has the meaning
				specified in Business and Professions Code 700.
(3) "Cancelled license" is a license that has
				been expired for a period of three (3) consecutive years.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 7.5 - License Renewal Requirements › Section 372 - Continued Jurisdiction of a License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The suspension, expiration, or forfeiture by operation of law
				  of a license issued by the board, or its suspension, or forfeiture by order of
				  the board or by order of a court of law, or its surrender without the written
				  consent of the board shall not, during any period in which it may be renewed,
				  restored, reissued, or reinstated, deprive the board of its authority to
				  institute or continue a disciplinary proceeding against the licensee upon any
				  ground provided by law or to enter an order suspending or revoking the license
				  or otherwise taking disciplinary action against the licensee on any such
				  ground.
1. Renumbering
				  of former section
				  355.1 to section
				  372, including amendment of NOTE,
				  filed 5-9-2011; operative 6-8-2011 (Register 2011, No.
				  19).
Note: Authority cited: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code (Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii). Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code (Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 8 - Conflict of Interest Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
NOTE:
It having been found, pursuant to Government
				Code Section
				11409(a),
				that the printing of the regulations constituting the Conflict of Interest Code
				is impractical and these regulations being of limited and particular
				application, these regulations are not published in full in the California Code
				of Regulations. The regulations are available to the public for review or
				purchase at cost at the following locations:
BOARD OF CHIROPRACTIC EXAMINERS
3401 FOLSOM BOULEVARD, SUITE B
SACRAMENTO, CA 95816-5354
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 800
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Article 8 of
				Division 4 of Title 16 of the California Code of Regulations, and consists of
				sections numbered and titled as follows:
Article 8. Conflict of Interest Code
Section
375.
General Provisions
Appendix A
Appendix B
1. New article 8
				(sections 375-383 and Exhibits A and B)
				filed 10-12-78; effective thirtieth day thereafter. Approved by Fair Political
				Practices Commission 8-2-78 (Register 78, No. 41).
2. Repealer of
				article 8 (sections
				375-383 and Exhibits A and B) and
				new article 8 (section
				375 and Appendix) filed 2-26-81;
				effective thirtieth day thereafter. Approved by Fair Political Practices
				Commission 12-1-80 (Register 81, No. 9).
3. Amendment filed 4-6-92;
				operative 5-6-92. Submitted to OAL for printing only. Approved by Fair
				Political Practices Commission 2-14-92 (Register 92, No. 14).
4.
				Amendment of section and redesignation and amendment of portions of Appendix as
				Appendix A and Appendix B filed 3-3-2011; operative 4-2-2011. Approved by Fair
				Political Practices Commission 12-24-2010 (Register 2011, No. 9).
Note: Authority cited: Sections
				  87300 and
				  87304,
				  Government Code. Reference: Section
				  87300, et seq., Government
				  Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 384 - 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 Disciplinary Orders" [revised October 21,
				  2004] 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 article
				  9 (section
				  384) and section filed 7-15-99;
				  operative 7-15-99 pursuant to Government Code section
				  11343.4(d)
				  (Register 99, No. 29).
2. Change without regulatory effect amending
				  the document entitled "Disciplinary Guidelines and Model Disciplinary Orders"
				  (incorporated by reference) and amending section filed 11-4-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 45).
3. Amendment of document
				  "Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by
				  reference) and amendment of section filed 9-12-2006; operative 10-12-2006
				  (Register 2006, No. 37).
Note: Authority cited: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code. (Chiropractic Initiative Act of California,
					 Stats. 1923, p. lxxxviii). Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code. (Chiropractic Initiative Act of California,
					 Stats. 1923, p. lxxxviii).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 386 - Fraud

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any proposed decision or decision issued in accordance with
				  the procedures set forth in Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code that contains any finding of fact that the
				  licensee has a second separate conviction for fraud, shall contain an order of
				  revocation, which shall not be stayed.
1. New section
				  filed 12-7-2001; operative 1-6-2002 (Register 2001, No.
				  49).
Note: Authority cited: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code. (Chiropractic Initiative Act of California,
					 Stats. 1923, p. lxxxviii). Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code. (Chiropractic Initiative Act of California,
					 Stats. 1923, p. lxxxviii).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 389 - Letter of Admonishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Executive Officer, or his or her designee, may issue a letter of
				admonishment to a licensee for failure to comply with any provision of the Act,
				statute or regulations governing the practice of chiropractic.
(b) The letter of admonishment shall be in
				writing and shall describe in detail the nature and facts of the violation,
				including a reference to the Act, statute or regulation violated and may
				contain an order of abatement.
(c)
				The letter of admonishment shall be served upon the licensee personally or by
				certified United States mail at the licensee's address of record with the
				board. If the licensee is served by certified United States mail, service shall
				be effective upon deposit in the United States mail.
(d) The letter of admonishment shall inform
				the licensee that within 30 days of the date of the letter the licensee may do
				either of the following:
(1) Submit a written
				request for an office conference to the Executive Officer of the board to
				contest the letter of admonishment.
(A) Upon a
				timely request, the Executive Officer, or his or her designee, shall hold an
				office conference with the licensee or the licensee's legal counsel or
				authorized representative. Unless so authorized by the Executive Officer, or
				his or her designee, no individual other than the legal counsel or authorized
				representative of the licensee may accompany the licensee to the office
				conference. Upon request and approval by the Executive Officer or his or her
				designee, the licensee may participate in the office conference by
				telephone.
(B) Prior to or at the
				office conference, the licensee may submit to the Executive Officer
				declarations and documents pertinent to the subject matter of the letter of
				admonishment.
(C) The Executive
				Officer, or his or her designee, may affirm, modify, or withdraw the letter of
				admonishment. Within 14 calendar days from the date of the office conference,
				the Executive Officer, or his or her designee, shall personally serve or send
				by certified United States mail to the licensee's address of record with the
				board a written decision. This decision shall be deemed the final
				administrative decision concerning the letter of admonishment.
(D) Within thirty days of service or mailing
				of the written decision, the licensee shall comply with the letter of
				admonishment and, if the letter of admonishment contains an order of abatement,
				the licensee shall submit documentation to the Executive Officer documenting
				compliance with the order.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390 - Issuance of Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer of the board or his
				or her designee may issue a citation containing an order to pay a fine between
				$100 and $5,000 and an order of abatement against a licensee for any violation
				of the Act or the California Code of Regulations or any laws governing the
				practice of chiropractors. A citation may be issued without the assessment of a
				fine, when determined by the Executive Officer or his or her
				designee.
(b) Each citation shall
				be in writing and shall describe with particularity the nature and facts of
				each violation specified in the citation, including a reference to the law or
				regulation alleged to have been violated.
(c) The citation shall be served upon the
				cited person either personally or by certified United States mail.
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Change without regulatory effect amending subsection (a) filed 10-5-2007
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 40).
3. Amendment of section
				  heading, subsections (a) and (c) and NOTE filed 7-2-2008; operative 8-1-2008
				  (Register 2008, No. 27).
Note: Authority cited: Sections
					 125.9,
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390.1 - Criteria to be Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the issuance of any citation, the following factors shall
				  be considered:
(a) Nature and severity
				of the violation.
(b) Length of
				time that has passed since the date of the violation.
(c) Consequences of the violation, including
				potential or actual patient harm.
(d) History of previous violations of the
				same or similar nature.
(e)
				Evidence that the violation was willful.
(f) Gravity of the violation.
(g) The extent to which the cited person has
				remediated any knowledge and/or skill deficiencies which could have injured a
				patient.
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Amendment of NOTE filed 7-2-2008; operative 8-1-2008 (Register 2008, No.
				  27).
Note: Authority cited: Sections
					 125.9,
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390.2 - Violation Codes and Penalty. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Amendment of subsection (a) filed 10-16-2003; operative 11-15-2003 (Register
				  2003, No. 42).
3. Change without regulatory effect amending
				  subsection (b) filed 10-5-2007 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 40).
4. Repealer filed 7-2-2008;
				  operative 8-1-2008 (Register 2008, No. 27).
Note: Authority cited: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390.3 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer or his/her designee may issue a
				  citation against any unlicensed person who is acting in the capacity of a
				  licensee under the jurisdiction of the board and who is not otherwise exempt
				  from licensure. Each citation may contain an order of abatement fixing a
				  reasonable period of time for an abatement and an order to pay a fine not to
				  exceed $5,000 for each violation. Any sanction authorized for activity under
				  this section shall be separate from and in addition to any other civil or
				  criminal remedies.
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Change without regulatory effect amending section filed 10-5-2007 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2007, No. 40).
3. Amendment of section and
				  NOTE filed 7-2-2008; operative 8-1-2008 (Register 2008, No.
				  27).
Note: Authority cited: Sections
					 125.9,
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390.4 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The citation shall inform the licensee that if he/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 date of issuance of the
				citation. Hearings shall be held pursuant to the provisions of Chapter 5
				(commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(b)
				In addition to requesting a hearing provided for in subdivision (a) of this
				section, the cited person may, within 14 calendar days after service of the
				citation, submit a written request for an informal conference with the
				Executive Officer.
(c) The
				Executive Officer or his/her designee shall, within 30 calendar days from
				receipt of the written request, hold an informal conference with the person
				cited and/or his/her legal counsel or authorized representative.
(d) The Executive Officer or his/her designee
				may affirm, modify or dismiss the citation, at the conclusion of the informal
				conference. A written decision stating the reasons for the decision shall be
				mailed to the cited person and his/her legal counsel, if any, within 14
				calendar days from the date of the informal conference. This decision shall be
				deemed to be a final order with regard to the citation issued.
(e) If the citation is dismissed, the request
				for a hearing shall be deemed withdrawn. If the citation is affirmed or
				modified, the cited person may, in his/her discretion, withdraw the request for
				a hearing or proceed with the administrative hearing process.
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Change without regulatory effect amending subsections (b)-(d) filed 10-5-2007
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 40).
3. Amendment of NOTE filed
				  7-2-2008; operative 8-1-2008 (Register 2008, No.
				  27).
Note: Authority cited: Sections
					 125.9,
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390.5 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Orders of abatement may be extended for
				good cause. If a cited person who has been issued an order of abatement is
				unable to complete the correction within the time set forth in the citation
				because of conditions beyond his/her control after the exercise of reasonable
				diligence, the person cited may request an extension of time from the Executive
				Officer or his/her designee in which to complete the correction. Such a request
				shall be in writing and shall be made within the time set forth for
				abatement.
(b) When a citation or
				order of abatement is not contested or if the order is appealed and the person
				cited does not prevail, failure to abate the violation within the time allowed
				or pay the fine that is imposed, if one was, shall constitute a violation and a
				failure to comply with the citation or order of abatement.
(c) Failure to timely comply with an order of
				abatement or pay a fine that is imposed is unprofessional conduct and may
				result in disciplinary action being taken by the board.
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Change without regulatory effect amending subsection (a) filed 10-5-2007
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2007, No. 40).
3. Amendment of subsections (b)
				  and (c) and NOTE filed 7-2-2008; operative 8-1-2008 (Register 2008, No.
				  27).
Note: Authority cited: Sections
					 125.9,
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 4 - State Board of Chiropractic Examiners › Article 9 - Enforcement and Discipline › Section 390.6 - Notification to Other Boards and Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The issuance and disposition of a citation shall be reported
				  to other chiropractic boards and other regulatory agencies. A licensee's
				  compliance with an order of abatement or payment of a fine based on the finding
				  of a violation may only be disclosed to the public as satisfactory resolution
				  of the matter.
1. New section
				  filed 9-25-2000; operative 10-25-2000 (Register 2000, No. 39).
2.
				  Amendment of section and NOTE filed 7-2-2008; operative 8-1-2008 (Register
				  2008, No. 27).
Note: Authority cited: Sections
					 125.9,
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii. Reference: Sections
					 1000-
					 4(b)
					 and
					 1000-
					 10,
					 Business and Professions Code; and Chiropractic Initiative Act of California,
					 Stats. 1923, p. 1xxxviii.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 400 - Introduction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations are adopted by the Board in order to
				  implement and make specific the Professional Engineers Act and the Professional
				  Land Surveyors' Act, Business and Professions Code Sections
				  6700,
				  et seq., and 8700, et seq., respectively.
1. Repealer of
				  Chapter 5 (Sections
				  400 through
				  440) and new Chapter 5 (Sections
				  400 through
				  464) filed 4-18-62; effective
				  thirtieth day thereafter (Register 62, No. 8). For prior history of Chapter 5,
				  see Registers 7, 9, 13 Nos. 3 and 6, 18 No. 3, 19 No. 1, 26 No. 1, 28 No. 7, 55
				  No. 18, and 56 No. 22.
2. Amendment filed 8-10-83; effective
				  thirtieth day thereafter (Register 83, No. 33).
3. Amendment of
				  Chapter heading only filed 6-26-86; designated effective 7-1-86 (Register 86,
				  No. 26).
4. Amendment filed 6-13-89; operative 7-13-89 (Register 89,
				  No. 25).
5. Change without regulatory effect amending division
				  heading filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
6. Change without regulatory
				  effect amending section filed 2-23-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 8).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6700 et seq. and 8706 et seq.,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 401 - Declaratory Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No decision or opinion issued by or on behalf of the Board
				  for Professional Engineers, Land Surveyors, and Geologists shall be considered
				  a declaratory decision pursuant to Government Code sections
				  11465.10
				  through
				  11465.70
				  unless the decision or opinion specifically states that it is a declaratory
				  decision issued pursuant to Government Code sections
				  11465.10
				  through
				  11465.70.
1. Repealer
				  and new section heading and new section filed 3-9-98; operative 4-8-98
				  (Register 98, No. 11). For prior history, see Register 83, No.
				  33.
2. Change without regulatory effect amending section and NOTE
				  filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
3. Change without regulatory
				  effect amending section filed 2-23-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 8).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11465.70,
					 Government Code. Reference: Section
					 6710,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11465.10-
					 11465.70,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 402 - Tenses, Gender and Number. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 403 - Location of Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal office of the Board is 2535 Capitol Oaks Drive,
				  Suite 300, Sacramento 95833-2944. All correspondence relating to the activities
				  of the Board, including applications, renewals, and remittances, shall be
				  directed to the Board's office.
1. Amendment
				  filed 1-16-69; effective thirtieth day thereafter (Register 69, No. 3). For
				  prior history, see Register 66, No. 3.
2. Amendment filed 1-19-72;
				  effective thirtieth day thereafter (Register 72, No. 4).
3.
				  Amendment filed 5-18-76; effective thirtieth day thereafter (Register 76, No.
				  21).
4. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
5. Amendment filed 6-13-89; operative 7-13-89
				  (Register 89, No. 25).
6. Change without regulatory effect amending
				  section filed 9-21-92; operative 10-21-92 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 39).
7. Editorial correction
				  implementing change without regulatory effect amending section filed 7-1-2004
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2006, No. 21).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Section
					 6710,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 404.1 - Responsible Charge - Professional Engineering

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As used in the Professional Engineers
				Act, the term "responsible charge" directly relates to the extent of control a
				professional engineer is required to maintain while exercising independent
				control and direction of professional engineering services or creative work and
				to the engineering decisions which can be made only by a professional engineer.
(1) Extent of Control. The extent of control
				necessary to be in responsible charge shall be such that the engineer:
(A) Makes or reviews and approves the
				engineering decisions defined and described in subdivision (a)(2)
				below.
(B) In making or reviewing
				and approving the engineering decisions, determines the applicability of design
				criteria and technical recommendations provided by others before incorporating
				such criteria or recommendations.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 404.2 - Responsible Charge - Professional Land Surveying

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The term "responsible charge" directly
				relates to the extent of control a licensed land surveyor or civil engineer
				legally authorized to practice land surveying (hereinafter referred to as
				"legally authorized civil engineer") is required to maintain while exercising
				independent control and direction of land surveying work or services and the
				land surveying decisions which can be made only by a licensed land surveyor or
				legally authorized civil engineer.
(1) Extent
				of Control. The extent of control necessary to be in responsible charge shall
				be such that the land surveyor or legally authorized civil engineer:
(A) Makes or review and approves the land
				surveying decisions defined and described in subdivision (a)(2)
				below.
(B) In making or reviewing
				and approving the land surveying decisions, determines the applicability of
				survey criteria and technical recommendations provided by others before
				incorporating such criteria or recommendations.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 405 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever it is stated in these rules that
				the "Board" may or shall exercise or discharge any power, duty, purpose,
				function, or jurisdiction, the Board specifically has reserved the same for its
				own, exclusive action.
(b) Whenever
				it is stated the "executive officer" may or shall exercise or discharge any
				power, duty, purpose, function, or jurisdiction, the executive officer of the
				Board has the authority to act thereon.
(c) Any party in interest may appeal to the
				Board for review of the actions and decisions of the executive
				officer.
(d) Nothing herein
				prohibits the executive officer from redelegating to his/her subordinates as
				provided in Section
				18572 of
				the Government Code.
(e) 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
				businesslike dispatch of the business of the Board in connection with
				proceedings under the provisions of Sections
				11400
				through
				11529 of
				the Government Code, prior to the hearing of such proceedings; and the
				certification and delivery or mailing of copies of decisions under Section
				11518 of said Code are hereby
				delegated to and conferred upon the executive officer, or to his/her
				designee.
1. Amendment
				  filed 3-27-64; effective thirtieth day thereafter (Register 64, No.
				  7).
2. Amendment of subsections (a), (b) and (c) filed 1-19-72;
				  effective thirtieth day thereafter (Register 72, No. 4).
3.
				  Amendment of subsections (c) and (e) filed 7-27-73; effective thirtieth day
				  thereafter (Register 73, No. 30).
4. Amendment of subsection (c)
				  filed 8-29-80; effective thirtieth day thereafter (Register 80, No.
				  35).
5. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
6. Amendment filed 12-14-87; operative
				  12-14-87 (Register 87, No. 52).
7. Change without regulatory effect
				  amending section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 6714
					 and
					 8707,
					 Business and Professions Code; and Sections
					 11400-
					 11529 and
					 18572,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 406 - Correspondence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 407 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				is the prescribed application fee for:
(1)
				Authority to use the title "structural engineer" $175
(2) Authority to use the title "geotechnical
				engineer" $175
(3) Licensure as a
				professional engineer $175
(4)
				Licensure as a professional land surveyor $175
(5) Certification as an engineer-in-training
				or as a land surveyor-in-training $75
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 408 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board will
				meet at times and places within California designated by the board and shall
				hold at least two regular meetings each year.
(b) Special meetings of the board shall be
				called from time to time by the Board president when necessary. Special
				meetings shall also be called by the executive officer upon a written request
				signed by two board members.
(c)
				All meetings will be noticed in accordance with the requirements of the
				Bagley-Keene Open Meeting Act (Government Code Sections
				11120 et
				seq).
1. Amendment
				  filed 8-15-63; effective thirtieth day thereafter (Register 63, No.
				  13).
2. Amendment filed 1-16-69; effective thirtieth day thereafter
				  (Register 69, No. 3).
3. Amendment filed 5-11-78; effective
				  thirtieth day thereafter (Register 78, No. 19).
4. Amendment filed
				  8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
5. Amendment filed 6-13-89; operative 7-13-89 (Register 89, No.
				  25).
Note: Authority cited: Section
					 6716,
					 Business and Professions Code. Reference: Section
					 6716,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 409 - Committees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-16-69; effective thirtieth day thereafter (Register 69, No. 3,
				  1-18-69). For prior history, see Register 67, No. 29.
2. Amendment
				  of subsection (a) filed 1-19-72; effective thirtieth day thereafter (Register
				  72, No. 4).
3. Amendment of subsection (a) filed 8-13-75; effective
				  thirtieth day thereafter (Register 75, No. 33).
4. Repealer filed
				  8-10-83; effective thirtieth day thereafter (Register 83, No.
				  33).
Note: Authority cited: Sections
					 6716,
					 6754
					 and
					 8710,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 410 - Certificates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Certificates
				and licenses will be issued in the order in which the applicants
				qualify.
(b) A duplicate of a
				certificate issued in accordance with Section
				6765 of the Professional Engineers
				Act or Section
				8749 of the Professional Land
				Surveyors' Act shall be issued only to replace one lost, destroyed, or
				mutilated, upon a written request accompanied by a fee as prescribed in Section
				407 and an affidavit verifying the
				loss, destruction, or mutilation of the previous certificate. The affidavit of
				lost, destroyed, or mutilated license must be submitted on a form provided by
				the Board.
1. Amendment
				  filed 1-25-66; effective thirtieth day thereafter (Register 66, No.
				  3).
2. Amendment filed 7-19-67; effective thirtieth day thereafter
				  (Register 67, No. 29).
3. Amendment of subsection (a) filed 1-19-72;
				  effective thirtieth day thereafter (Register 72, No. 4).
4.
				  Amendment filed 7-27-73; effective thirtieth day thereafter (Register 73, No.
				  30).
5. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
6. Amendment filed 6-13-89; operative 7-13-89
				  (Register 89, No. 25).
7. Change without regulatory effect amending
				  subsection (b) and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
8. Amendment of subsection (b)
				  and NOTE filed 11-18-2020; operative 1-1-2021 (Register 2020, No. 47).
Note: Authority cited: Sections
					 6716,
					 6765,
					 8710
					 and
					 8749,
					 Business and Professions Code. Reference: Sections
					 119,
					 122,
					 6765,
					 6799,
					 8749
					 and
					 8805,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 411 - Seal and Signature

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The seal required by Section
				6764 of the Code shall be not less
				than one and one-half (1 1/2) inches in diameter and shall contain the
				following information:
(1) Within the top
				border of seal: Either "Professional Engineer," "Registered Professional
				Engineer," or "Licensed Professional Engineer."
(2) Within the bottom border of seal: "State
				of California."
(3) In the center
				of seal:
(A) Licensee's name as it appears on
				the certificate issued by the Board or as abbreviated pursuant to subdivision
				(d);
(B) Number of certificate or
				authority; and,
(C) Branch or
				authority of engineering in which licensed.
The seal shall be of a design similar to those shown below
				  and shall bear at minimum those elements specified above.
Click
				  here to view image
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 412 - Address Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person who is an applicant for or a holder of a
				  certificate or license issued by the Board shall file his or her address of
				  record with the Board. Within thirty (30) days after any change to his or her
				  address of record, he or she shall notify the Board in writing of such
				  change.
1. Refiled
				  1-25-66 (Register 66, No. 3).
2. Amendment filed 8-10-83; effective
				  thirtieth day thereafter (Register 83, No. 33).
3. Change without
				  regulatory effect amending section and NOTE filed 4-19-99 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 17).
4. Amendment filed 11-18-2013;
				  operative 1-1-2014 (Register 2013, No. 47).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 136,
					 6715
					 and
					 8712,
					 Business and Professions Code; and Section
					 11505,
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 1 - General Provisions › Section 413 - Approval of Engineering Disciplines. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 1-19-72; designated effective 3-4-72 (Register 72, No. 4).
2.
				  Amendment of subsection (b) filed 10-1-75; effective thirtieth day thereafter
				  (Register 75, No. 40).
3 Amendment of subsections (a) and (b) filed
				  11-7-77; effective thirtieth day thereafter (Register 77, No.
				  46).
4. Amendment filed 8-10-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
5. Repealer filed 6-13-89; operative 7-13-89
				  (Register 89, No. 25).
Note: Authority cited: Section
					 6716,
					 Business and Professions Code. Reference: Sections
					 6700,
					 6700.1
					 and
					 6716,
					 Business and Professions Code.