reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 4 - Signs, Contracts, Literature, Etc › Section 2338 - Cemetery Broker

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each cemetery broker shall post in a conspicuous place in the
				  office or offices where sales are conducted a legible sign which shall indicate
				  that he or she is a licensed cemetery broker and his or her name shall be
				  clearly indicated thereon. This sign shall be at least five and one-half inches
				  (5 1/2") high and eight and one-half inches (8 1/2") wide.
1. New Section
				  2322 filed 1-16-56; effective
				  thirtieth day thereafter (Register 56, No. 2).
2. Renumbering from
				  2322 filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
3. Amendment of NOTE filed 8-24-82; effective thirtieth day
				  thereafter (Register 82, No. 35).
4. Change without regulatory
				  effect amending section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Sections
					 9630
					 and
					 9713,
					 Business and Professions Code. Reference: Section
					 9713,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 4 - Signs, Contracts, Literature, Etc › Section 2339 - Form and Content of Crematory and Hydrolysis Contracts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Sections
				7639.10 and
				7712.6 of the Code, every contract
				shall be in writing and shall contain all of the agreements of the parties.
				Such a contract shall clearly state the following:
(1) The total contract price.
(2) Terms of payment.
(3) An itemized statement of charges
				including, as applicable, the following:
(A)
				Charges for preparation of the body.
(B) Charges for storage.
(C) Charges for permits.
(D) Charges for cremation or hydrolysis and
				disposition.
(E) Charges for
				transportation.
(F) Any other
				charges, which shall be particularized.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 4 - Signs, Contracts, Literature, Etc › Section 2339.1 - Cemetery Contracts; Price Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A contract for the sale of prearranged cemetery services or
				  commodities, the price of which may be modified at the time of delivery of
				  those services or commodities, shall contain the following disclosure statement
				  on the face of the contract in 10-point bold type:
"YOU, THE PURCHASER, WILL HAVE TO PAY, AT THE TIME OF NEED,
				  ANY ADDITIONAL CHARGES RESULTING FROM PRICE INCREASES FOR THE FOLLOWING
				  PREARRANGED SERVICES AND COMMODITIES: ..."
Until January 1, 1984, a licensee may comply with this
				  section by obtaining the purchaser's signature on an addendum which contains
				  the disclosure statement. The licensee shall give the purchaser a copy of the
				  signed addendum together with a copy of the contract of sale, and shall retain
				  the original signed addendum and attach it to the contract of
				  sale.
1. New section
				  filed 12-27-82; effective thirtieth day thereafter (Register 83, No.
				  1).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Section
					 8277,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 4 - Signs, Contracts, Literature, Etc › Section 2340 - Maintenance of Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each crematory licensee and each holder of a certificate of authority who
				operates a crematory shall keep a record of all remains cremated and such
				record shall contain the following:
(1) Name
				and address, if known, of the deceased.
(2) Date burial permit was issued.
(3) County issuing burial permit.
(4) Name, address, and relationship of person
				or persons authorizing cremation and disposition.
(5) Date of the contract for
				cremation.
(6) Date, time, and
				place remains were picked up or received by the licensee.
(7) Date and time of cremation.
(8) Date, time, place, and type of
				disposition of the cremated remains or name of person or entity to whom the
				cremated remains were released.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 5 - Annual Reports › Section 2350 - Endowment Care Fund Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The annual audit report required pursuant to Section
				7612.6(b) of the
				Code shall be prepared and signed by a licensed independent certified public
				accountant or public accountant, and shall fully and accurately disclose the
				financial position of the endowment care fund. The annual audit report shall
				not contain disclaimers or qualifications such as to preclude the rendering of
				an unmodified opinion.
(b) As part
				of its annual report, a cemetery authority approved for conversion of its
				endowment care fund to the unitrust distribution method shall provide a copy of
				all documents that were created, updated, or changed since its approval by the
				bureau including all relevant trust documents and information provided to the
				bureau in Section
				2334.
1. New section
				  filed 9-30-57; effective thirtieth day thereafter (Register 57, No.
				  17).
2. Amendment filed 6-25-80; effective thirtieth day thereafter
				  (Register 80, No. 26).
3. Amendment filed 8-24-82; effective
				  thirtieth day thereafter (Register 82, No. 35).
4. Amendment of
				  section and NOTE filed 1-5-2022; operative 1-5-2022 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2022, No. 1).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code; and Section
					 8726.2,
					 Health and Safety Code. Reference: Section
					 7612.6,
					 Business and Professions Code; and Section
					 8726.2,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 5 - Annual Reports › Section 2351 - Crematory Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each crematory licensee shall file annually with the bureau a
				  written report on the form prescribed by the bureau setting forth:
(a) Total number of cremations
				made.
(b) Disposition of cremations
				indicating the number which were:
(1) Burials
				at sea.
(2) Released to a cemetery
				authority.
(3) Released to the
				person or persons who authorized cremation.
(4) Other dispositions
				(describe).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 6 - Special Care Funds › Section 2370 - Special Trusts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Trusts established for burial purposes pursuant to Section
				  8775
				  of the Health and Safety Code including cremation, hydrolysis, or other
				  commodities or services furnished at the time of and in connection with such
				  cremation, hydrolysis, or interment are under the supervision of the bureau and
				  must comply with the following requirements:
(a) All moneys paid directly or indirectly
				and all securities delivered under the trust agreement or any agreement
				collateral thereto shall constitute the "trust corpus."
(b) None of the trust corpus shall be used
				for payment of commission or other expenses of trust administration.
(c) The trust agreement shall specifically
				set forth any expenses to be charged to the trustor out of income to the trust
				or any portion of the trust corpus to be retained by the trustees or cemetery
				authority upon revocation and a copy thereof shall be delivered to the trustor;
				provided, however, such revocation fee to be retained by the trustee or
				cemetery authority shall not exceed ten (10) percent of the trust
				corpus.
(d) Other than as provided
				in Subsection (c) hereof, the trust income shall be used solely for the
				purposes authorized by Section
				8775
				of the Health and Safety Code.
(e)
				Unless specific property or securities are placed in trust by the trustor,
				investments of these funds shall be in investments authorized by law--for
				example, as authorized by Health and Safety Code Sections
				8751
				and
				8751.1
				as well as Civil Code Sections
				2228 through
				2239 and
				2261.
1. New Article
				  6 filed 11-16-60; effective thirtieth day thereafter (Register 60, No.
				  23).
2. Amendment filed 9-2-69; effective thirtieth day thereafter
				  (Register 69, No. 36).
3. Amendment filed 12-15-70; effective
				  thirtieth day thereafter (Register 70, No. 51).
4. Amendment filed
				  8-24-82; effective thirtieth day thereafter (Register 82, No.
				  35).
5. Change without regulatory effect amending first paragraph
				  filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
6. Amendment of first paragraph
				  and NOTE filed 6-17-2021; operative 6-17-2021 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2021, No. 25). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Sections
					 7606
					 and
					 7740,
					 Business and Professions Code. Reference: Section
					 8775,
					 Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7 - Disciplinary Proceedings › Section 2380 - 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 bureau shall consider the disciplinary guidelines entitled "A Manual
				  of Disciplinary Guidelines for Cemeteries, Crematories, Cremated Remains
				  Disposers, Managers, Brokers, and Salespeople (September 1997)" which are
				  hereby incorporated by reference. Deviation from these guidelines and orders,
				  including the standard terms of probation, is appropriate where the bureau in
				  its sole discretion determines that the facts of the particular case warrant
				  such a deviation--for example, the presence of mitigating factors; the age of
				  the case; evidentiary problems.
1. New section
				  filed 7-20-98; operative 8-19-98 (Register 98, No. 30). For prior history, see
				  Register 82, No. 35.
2. Change without regulatory effect amending
				  section filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11400.21,
					 Government Code. Reference: Sections
					 11400.20,
					 11400.21
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7 - Disciplinary Proceedings › Section 2381 - False or Misleading Representations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to Section
				  9726 of the Code, the bureau may
				  suspend or revoke the license of any cemetery licensee or the certificate of
				  authority of any cemetery corporation which engages in misrepresentation,
				  dishonest dealings or fraudulent conduct in connection with a trust or other
				  agreement authorized by Health and Safety Code Section
				  8775,
				  including but not limited to misrepresentations concerning the revocability of
				  such instrument or the amount of commission or trust expenses to be paid or
				  deducted thereunder.
1. Repealer
				  and new section filed 8-24-82; effective thirtieth day thereafter (Register 82,
				  No. 35).
2. Change without regulatory effect amending section filed
				  10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
Note: Authority cited: Section
					 9630,
					 Business and Professions Code. Reference: Sections
					 9726,
					 11200
					 and
					 11500,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2382 - Issuance of Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The bureau chief, or his or her designee,
				is authorized to issue citations containing orders of abatement and assessing
				administrative fines to a licensee or registrant for any violation of the
				statutes and regulations enforced by the Cemetery and Funeral Bureau including
				Part 1 (commencing with section
				8100), Part 3 (commencing with
				section 8250), and Part 5 (commencing with
				section 9501) of Division 8 of the Health
				and Safety Code.
(b) Each citation
				shall be in writing and shall describe with particularity the nature and facts
				of the violation, including reference to the statute or regulation alleged to
				have been violated. Each citation shall contain a statement informing the cited
				person or entity of the right to contest the citation and to request a hearing
				pursuant to subdivision (b)(4) of Business and Professions Code section
				125.9,
				and section
				2386 of this article. Each
				citation may contain an assessment of an administrative fine, an order of
				abatement fixing a reasonable period of time for abatement of the violation, or
				both an administrative fine and an order of abatement. Each citation shall be
				served in accordance with the provisions of section
				11505(c)
				of the Government Code.
(c) The
				amount of any fine to be levied by the bureau chief, or his or her designee,
				shall take into consideration the factors listed in section
				2384 of this article. In no case
				shall the total exceed five thousand dollars ($5,000) for each inspection or
				each investigation made with respect to the violation.
(d) If a hearing is not requested pursuant to
				subdivision (b)(4) of Business and Professions Code section
				125.9,
				and section
				2386 of this article, payment of
				any fine shall not constitute an admission of the violation charged.
1. New article
				  7.5 and section filed 5-25-93; operative 6-24-93 (Register 93, No.
				  22).
2. Amendment of section and NOTE filed 10-2-96; operative
				  11-1-96 (Register 96, No. 40).
3. Change without regulatory effect
				  amending section and NOTE filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
4. Amendment of section and
				  NOTE filed 11-24-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Sections
					 125.9,
					 9630,
					 9631
					 and
					 9658,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 9658,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2383 - Assessment of Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In no event shall the administrative fine be less than one
				  hundred dollars ($100) or exceed five thousand dollars ($5,000) for each
				  inspection or each investigation made with respect to the
				  violation.
1. New section
				  filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment
				  of subsection (d) and NOTE filed 10-2-96; operative 11-1-96 (Register 96, No.
				  40).
3. Change without regulatory effect amending section and NOTE
				  filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
4. Amendment of section heading
				  and repealer and new section filed 11-24-2015; operative 1-1-2016 (Register
				  2015, No. 48).
Note: Authority cited: Sections
					 125.9,
					 9630,
					 9631
					 and
					 9658,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2384 - Citation Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing an administrative fine, or issuing an order of
				  abatement, the following factors shall be given due consideration:
(a) The nature and severity of the
				violation.
(b) The good or bad
				faith of the cited person or entity.
(c) History of violations of the same or
				similar nature.
(d) Evidence that
				the violation was willful.
(e) The
				extent to which the cited person or entity has cooperated with the bureau's
				investigation.
(f) The extent to
				which the cited person or entity has mitigated or attempted to mitigate any
				damage or injury caused by the violation.
(g) Such other matters as justice may
				require.
1. New section
				  filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment
				  of first paragraph, subsection (e) and NOTE filed 10-2-96; operative 11-1-96
				  (Register 96, No. 40).
3. Change without regulatory effect amending
				  first paragraph and NOTE filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
4. Amendment of first paragraph
				  and subsection (e) filed 11-24-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Sections
					 125.9,
					 148,
					 9630
					 and
					 9631,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2385 - Citation; Extension of Time and Failure to Comply or Pay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited person or entity who has been
				issued an order of abatement is unable to complete the correction within the
				time specified in the citation because of conditions beyond his, her or its
				control after the exercise of reasonable diligence, the person or entity cited
				may request an extension of time in which to complete the correction. Such a
				request shall be submitted to the bureau chief in writing and shall be made
				within the time set forth for abatement. Any order granting a request for an
				extension shall be in writing and shall specify the new date for
				compliance.
(b) When a citation
				containing an assessment of an administrative fine, an order of abatement, or
				both an administrative fine and an order of abatement is not contested or if
				the citation is appealed and the person or entity cited does not prevail,
				failure to pay the fine or abate the violation charged within thirty (30) days
				of the issuance or affirmation shall constitute a violation and may result in
				disciplinary action being taken by the bureau chief, or his or her designee.
				When a citation is not contested and a fine is not paid, the full amount of the
				fine shall be added to the fee for renewal of the license and the license shall
				not be renewed without payment of the renewal fee and fine.
1. New section
				  filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment
				  adding subsection (a) designator, amendment of newly designated subsection (a),
				  and amendment of NOTE filed 10-2-96; operative 11-1-96 (Register 96, No.
				  40).
3. Change without regulatory effect amending subsection (a) and
				  NOTE filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
4. Amendment of section heading
				  and section filed 11-24-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Sections
					 125.9,
					 148,
					 9630
					 and
					 9631,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2386 - Appeal of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Any person or entity served with a citation pursuant to this article and
				section
				125.9
				of the Business and Professions Code may contest the citation by filing with
				the bureau chief, within thirty (30) days of the date of issuance of the
				citation, a written request for a hearing. All hearings under this section
				shall be conducted in accordance with the provisions of Chapter 5 (commencing
				with section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code. The cited person or entity may contest any or
				all of the following aspects of the citation:
(1) The occurrence of a violation of the
				Cemetery Act or of a regulation adopted by the bureau.
(2) The reasonableness of the order of
				abatement, if an order of abatement is included in the citation.
(3) The reasonableness of the period of time
				allowed for correction in an order of abatement, if an order of abatement is
				included in the citation.
(4) The
				amount of the fine, if a fine is included in the citation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2386.5 - Informal Office Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Without waiving the right to contest the citation pursuant to subdivision
				(b)(4) of Business and Professions Code section
				125.9,
				the cited person or entity may, within ten (10) days after service of the
				citation, notify the bureau chief in writing of the request for an informal
				office conference regarding the violations charged in the citation.
(b) An informal office conference shall be
				held with the cited person or entity or his, her or its legal counsel or
				authorized representative, within thirty (30) days of receipt of the request.
				After the conclusion of the informal office conference, the citation may be
				affirmed, modified or dismissed. The cited person or entity shall be notified
				of the actions taken, in writing, within fifteen (15) days of the conclusion of
				the conference, stating the reasons for the actions, the findings, and the
				decision. This written notification shall be served in accordance with the
				provisions of section
				11505(c)
				of the Government Code. This decision shall be deemed to be a final order with
				regard to the citation issued, including the fine levied and the order of
				abatement.
(c) The decision
				following an informal office conference shall affect the cited person or
				entity's right to a hearing to contest the citation as follows:
(1) If a citation is dismissed after an
				informal office conference, any request for a hearing to contest the matter
				shall be deemed to be withdrawn.
(2) If the citation is affirmed after an
				informal office conference, the cited person or entity has a right to a hearing
				to contest the affirmed citation pursuant to subdivision (b)(4) of Business and
				Professions Code section
				125.9.
(3) If the citation, including any fine
				levied or any order of abatement issued, is modified after an informal office
				conference, the citation originally issued shall be considered withdrawn and a
				new citation issued, and the cited person or entity has a right to a hearing to
				contest the newly modified citation in accordance with subdivision (b)(4) of
				Business and Professions Code section
				125.9.
(4) No new informal office conference will be
				granted for an affirmed or newly modified citation, issued after an informal
				office conference.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2387 - Citations; Unlicensed Activity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The bureau chief, or his or her designee, is authorized to
				  issue citations containing orders of abatement and assessing administrative
				  fines against any unlicensed person or entity who engages in any activity for
				  which licensure by the bureau is required. The citation may include a fine for
				  such unlicensed activity which may range from one thousand one dollars ($1,001)
				  to five thousand dollars ($5,000). The provisions of section
				  125.9
				  of the Business and Professions Code shall apply to the issuance of citations
				  for unlicensed activity under this section. Any sanction authorized under this
				  section shall be separate from and in addition to any other civil or criminal
				  remedies.
1. New section
				  filed 5-25-93; operative 6-24-93 (Register 93, No. 22).
2. Amendment
				  of section and NOTE filed 10-2-96; operative 11-1-96 (Register 96, No.
				  40).
3. Change without regulatory effect amending section and NOTE
				  filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
4. Amendment of section heading
				  and section filed 11-24-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Sections
					 125.9,
					 148,
					 9630
					 and
					 9631,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 23 - Cemetery and Funeral Bureau › Article 7.5 - Citation and Fines › Section 2388 - Failure to File Annual Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any cemetery authority that does not file
				the annual report required by section
				9650
				of the Business and Professions Code within the time prescribed by said Code
				shall be assessed a fine by the bureau chief, or his or her designee, in the
				amount of four hundred dollars ($400) per month for a maximum of five (5)
				months. Failure to pay the fine within fifteen (15) days after receipt of
				written notification of the assessment or, where a timely request for waiver or
				reduction of the fine has been filed with the bureau chief, within fifteen (15)
				days after receipt of written notification of the bureau chief's decision in
				the matter, shall be cause for disciplinary action.
(b) A cemetery authority may request waiver
				or reduction of a fine by making a written request to the bureau chief
				therefore. The request shall be postmarked within the time specified above for
				payment of the fine and shall be accompanied by a statement showing good cause
				for the request.
(c) The bureau
				chief, or his or her designee, may waive or reduce the fine where a timely
				request is made and where he or she determines, in his or her discretion, that
				the cemetery authority has made a sufficient showing of good cause for the
				waiver or reduction.
(d) In
				addition to requesting a hearing to be held pursuant to Chapter 5 (commencing
				with section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code, the person or entity cited may, within ten (10)
				days after service of the citation, notify the bureau chief in writing of the
				request for an informal office conference regarding the violations charged in
				the citation. The time allowed for the request shall begin the first day after
				the citation has been served. An informal office conference shall be in
				accordance with the procedures delineated in section
				2386.5 of this article.
1. New section
				  filed 10-2-96; operative 11-1-96 (Register 96, No. 40).
2. Amendment
				  of subsection (a) filed 6-17-97; operative 7-17-97 (Register 97, No.
				  25).
3. Change without regulatory effect amending section and NOTE
				  filed 10-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 42).
4. Amendment of section and
				  NOTE filed 11-24-2015; operative 1-1-2016 (Register 2015, No.
				  48).
Note: Authority cited: Sections
					 125.9,
					 9630,
					 9631
					 and
					 9650.4,
					 Business and Professions Code. Reference: Section
					 125.9,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2400 - Location of Offices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The principal office of the board shall be located in
				  Sacramento, California.
1. New Chapter
				  24 filed 8-4-58; effective thirtieth day thereafter (Register 58, No.
				  14).
2. Amendments filed 1-2-59 and 1-6-59 as organizational and
				  procedural rules; effective upon filing (Register 59, No. 2).
3.
				  Amendment filed 6-7-62; effective thirtieth day thereafter (Register 62, No.
				  11).
4. Amendment filed 10-30-63 as procedural and organizational;
				  effective upon filing (Register 63, No. 20).
5. Amendment of NOTE
				  filed 3-10-82 as procedural and organizational; effective upon filing (Register
				  82, No. 11).
6. Amendment filed 9-22-83; effective thirtieth day
				  thereafter (Register 83, No. 39).
7. Amendment filed 5-1-89;
				  operative5-31-89 (Register 89, No. 18).
8. Amendment of division
				  heading filed 8-19-2014; operative 10-1-2014 (Register 2014, No.
				  34).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Section
					 8005,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2401 - Gender

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter, the masculine gender includes the
				  feminine.
1. New NOTE
				  filed 3-10-82 as procedural and organizational; effective upon filing (Register
				  82, No. 11).
2. Amendment filed 9-22-83; effective thirtieth day
				  thereafter (Register 83, No. 39).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Section
					 8007,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2402 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this chapter, unless the context otherwise
				  requires:
(a) "Board" means the Court
				Reporters Board of California.
(b)
				"Code" means the Business and Professions Code.
1. New NOTE
				  filed 3-10-82 as procedural and organizational; effective upon filing (Register
				  82, No. 11).
2. Amendment of subsection (a) filed 1-20-2000;
				  operative 2-19-2000 (Register 2000, No. 3).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Section
					 8007 and Chapter 13, Division 3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2403 - Scope of Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The practice of shorthand reporting is defined as the making,
				  by means of written symbols or abbreviations in shorthand or machine shorthand
				  writing, or by voice writing, of a verbatim record of any oral court
				  proceeding, deposition, court-ordered hearing or arbitration, or proceeding
				  before any grand jury, referee, or court commissioner and the accurate
				  transcription thereof.
The accurate transcription thereof includes, but is not
				  limited to:
(a) In superior court
(1) Taking down in shorthand or by voice all
				testimony, objections made, rulings of the court, exceptions taken,
				arraignments, pleas, sentences, arguments of the attorneys to the jury and
				statements and remarks made and oral instructions given by the judge or other
				judicial official.
(2) Writing the
				transcript out, or the specific portions thereof as may be requested, in plain
				and legible longhand, or by typewriter, or other printing machine.
(3) Certifying that the transcripts were
				correctly reported and transcribed.
(4) Filing the transcripts with the clerk of
				the court when directed by the court.
(5) Making and preparing original
				transcription on paper.
(6)
				Delivering a copy of the original transcript in a computer-readable form in
				standard ASCII code, unless otherwise agreed by the reporter and the court,
				party, or other person requesting the transcript.
(7) Labeling disks of transcriptions with the
				case name and court number, the dates of proceedings contained on the disk, and
				the page and volume numbers of the data contained on the disk and with each
				disk containing the identical volume divisions, pagination, line numbering, and
				text of the certified original paper transcript or any portion thereof and
				sequentially numbered within the series of disks.
(8) Retaining original stenographic or voice
				notes for the statutorily-required period, or delivery thereof to the court
				when required by local rule.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2404 - Delegation of Certain Functions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The power and discretion conferred by law upon the board to
				  receive and file accusations; issue notices of hearings, 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 the other functions necessary to the
				  orderly dispatch of the business of the board in connection with proceedings
				  conducted in accordance with Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 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.
1. New NOTE
				  filed 3-10-82 as procedural and organizational; effective upon filing (Register
				  82, No. 11).
2. Amendment filed 5-1-89; operative 5-31-89 (Register
				  89, No. 18).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Sections
					 8005
					 and
					 8008,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2405 - Filing of Addresses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 6-7-62; effective thirtieth day thereafter (Register 62, No.
				  11).
2. Repealer filed 9-22-83; effective thirtieth day thereafter
				  (Register 83, No. 39).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2406 - License Numbers Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A reporter licensed under Chapter 13 of Division 3 of the
				  Code shall list his license number on the cover page and certificate page of
				  each deposition, court transcript, or transcript of other legal proceedings.
				  The license number shall also be included in any and all presentments to the
				  public including but not limited to advertising, solicitation, business cards,
				  stationery and telephone listings.
1. New section
				  filed 5-16-75; effective thirtieth day thereafter (Register 75, No.
				  20).
2. Amendment of NOTE filed 3-10-82 as procedural and
				  organizational; effective upon filing (Register 82, No. 11).
3.
				  Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No.
				  39).
Note: Authority cited: Sections
					 137
					 and
					 8007,
					 Business and Professions Code. Reference: Section
					 137,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2407 - Review of Certified Shorthand Reporters Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following shall apply to applications
				for Certified Shorthand Reporters Certificates requiring examination:
(1) The Board shall inform an applicant in
				writing within thirty (30) days of receipt of the application and required fee
				whether the application is complete and has been referred for examination or is
				deficient and what specific information is required.
(2) When an application is resubmitted which
				was previously rejected for deficiencies, the Board shall decide within five
				(5) days of receipt whether the application is complete or whether further
				specific information is required.
(3) The Board shall render a decision
				concerning a candidate's examination results within one hundred (100) days
				after the candidate has been notified by the Board of his or her eligibility to
				take the Certified Shorthand Reporters Board examination. This processing time
				applies to those candidates who take the first available
				examination.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2408 - Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The minimum, median and maximum processing time for written
				  examination results from the time of receipt of a complete application until
				  the Board makes a decision thereon is set forth below:
Minimum:
3 days
Median:
45 days
Maximum:
100 days
The processing times set forth above shall apply to those
				  candidates who submit a completed written examination application on or before
				  the examination filing deadline.
1. New section
				  filed 8-30-91; operative 9-30-91 (Register 92, No.
				  1).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Section
					 15376, Government
					 code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 1 - General Provisions › Section 2409 - Review of Application for Registration as a Shorthand Reporting Corporation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The following provisions shall apply to applications for registration as a
				shorthand reporting corporation not requiring examination:
(1) The Board shall inform an applicant for
				registration as a shorthand reporting corporation, which application does not
				require examination, within thirty (30) days of receipt of the application and
				required fee whether the application is complete or whether the application is
				deficient, and where deficient shall state what specific information is
				required.
(2) When an application
				is resubmitted which was previously rejected for deficiencies, the Board shall
				decide within five (5) days of receipt whether the application is complete and
				accepted for filing. If the application remains deficient, the Board shall
				inform the applicant, in writing, within five (5) days of receipt what specific
				information is required.
(3) The
				Board shall decide and notify the applicant within ten (10) days after the fee
				and completed application have been received, whether an applicant meets the
				requirements for registration.
(4)
				The minimum, median and maximum times for processing an application for
				registration as a certified shorthand reporting corporation, without
				examination, from the time of receipt of the application until the Board
				decides to issue the certificate based upon the Board's actual performance
				during the two (2) years preceding the proposal of this section were as
				follows;
Minimum:
10 days
Median:
30 days
Maximum:
60 days
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 2 - Court Reporting Schools › Section 2411 - Criteria for Recognition of Court Reporting Schools; Continued Validity; Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A recognized court reporting school shall offer at least the
				  following minimum prescribed course of study for not less than the hours
				  specified in order to obtain and maintain board approval:
(a) Machine Shorthand or Voice Writing and
				transcription...........................................................2300
				hours
(1) The program shall include classroom
				lecture or non-lecture instruction in the mastery of making verbatim records of
				depositions, hearings, meetings, conventions and judicial proceedings, by means
				of machine shorthand writing or voice writing, and the accurate transcription
				of such proceedings.
(2) Tests used
				to qualify students to sit for the CSR exam shall be transcribed under direct
				supervision. Schools may require all other tests to be transcribed under
				supervision.
(3) When the machine
				shorthand student reaches a proficiency of 80 words per minute on unfamiliar
				material, the student shall be required to transcribe dictation from
				stenographic notes of varying difficulty (for the purposes of this subsection,
				"varying difficulty" shall mean content containing changing or differing
				degrees of complexity of vocabulary) and subject matter of a length equal to
				five minutes. When the voice writing student reaches a proficiency of 120 words
				per minute on unfamiliar material, the student shall be required to transcribe
				dictation from voice notes of varying difficulty and subject matter of a length
				equal to five minutes.
(4)
				Individual dictation classes, other than theory classes, shall include only
				students whose tested reporting speeds are within the same 20-30 words per
				minute range on similar dictation material.
(5) Students shall be provided the
				opportunity to read back from their stenographic or voice notes a minimum of
				one time each day.
(6) Schools
				shall provide students with the opportunity to practice with school-approved
				speed-building material a minimum of one hour per day after school
				hours.
(7) These hours may be
				reduced if a student is able to pass the qualifier exam defined in section
				2412 of this chapter before having
				completed these hours.
(8) When the
				voice writing student reaches a proficiency of reporting 200 words per minute
				on unfamiliar material, the student will be tested to determine that they
				cannot be heard from a distance of two feet away from where the student is
				reporting.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 2 - Court Reporting Schools › Section 2412 - Qualifier Exams

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Schools are prohibited from requiring more than one qualifier
				  examination as defined: The qualifier exam shall consist of unfamiliar
				  material. The material shall be 4-voice testimony of 10-minute duration,
				  dictated at 200 wpm and graded at 97.5% accuracy, and in accordance with the
				  method by which the board grades the licensing examination. Schools shall date
				  and number each qualifier and announce such date and number to the students at
				  the time of administering the qualifier. Schools shall record the following
				  information for each qualifier, for each date on which it was administered, 1)
				  the actual duration of the dictated test, 2) the number of students that took
				  the test, 3) the number of students that transcribed the test, and 4) the
				  number of students that passed the test. The school shall maintain the
				  qualifier and catalogue the required information related to each qualifier test
				  for a period of not less than three years for the purpose of inspection by the
				  Board. Qualifiers shall not be dictated more than once in any twelve-month
				  period.
1. New section
				  filed 12-17-2001 as an emergency; operative 1-1-2002 (Register 2001, No. 51). A
				  Certificate of Compliance must be transmitted to OAL by 5-1-2002 or emergency
				  language will be repealed by operation of law on the following day. For prior
				  history, see Register 83, No. 39.
2. Certificate of Compliance as to
				  12-17-2001 order transmitted to OAL 4-9-2002 and filed 5-21-2002 (Register
				  2002, No. 21).
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Sections
					 8007
					 and
					 8027,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 24 - Court Reporters Board of California › Article 2 - Court Reporting Schools › Section 2413 - References. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 8-20-74; effective thirtieth day thereafter (Register 74, No.
				  34).
2. New NOTE filed 3-10-82 as procedural and organizational;
				  effective upon filing (Register 82, No. 11).
3. Repealer filed
				  9-22-83; effective thirtieth day thereafter (Register 83, No. 39). CROSS
				  REFERENCE: Section
				  2419.
Note: Authority cited: Section
					 8007,
					 Business and Professions Code. Reference: Section
					 8022,
					 Business and Professions Code.