California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 5 - Board for Professional Engineers and Land Surveyors › Article 2 - Applications › Section 420.1 - Applicant Fingerprint Submittal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to Section
				144
				of the Business and Professions Code, the Board has the authority to obtain and
				review criminal offender record information. The information obtained as a
				result of the fingerprinting shall be used in accordance with Section
				11105 of the
				Penal Code and to determine whether the applicant is subject to denial of
				license pursuant to Division 1.5 (commencing with Section
				475) of the Business and
				Professions Code or Sections
				6751,
				6762.5,
				6796.3,
				8747.5,
				or
				8803
				of the Business and Professions Code.
(b) As a condition of application for a
				license, each applicant shall furnish to the Department of Justice a full set
				of fingerprints for the purpose of conducting a criminal history record check
				and to undergo a state and federal level criminal offender record information
				search conducted through the Department of Justice.
(c) The applicant shall pay any costs for
				furnishing the fingerprints and conducting the searches.
(d) The applicant shall certify when applying
				for a license whether his or her fingerprints have been furnished to the
				Department of Justice in compliance with this section.
(e) Failure to comply with the requirements
				of this section renders the application for license incomplete, and the
				application shall not be considered until the applicant demonstrates compliance
				with all requirements of this section.
(f) Notwithstanding any other provision of
				law, the results of any criminal offender record information request by either
				state or federal law enforcement authorities shall not be released by the Board
				except in accordance with state and federal requirements.
(g) This section shall apply to all
				applicants, including those applicants who submit applications pursuant to
				Sections
				6750,
				6758,
				6759,
				6763,
				6796.3,
				8740,
				8746,
				8748,
				and
				8803
				of the Business and Professions Code.
(h) As used in this section, "license"
				includes certification as an engineer-in-training or a land
				surveyor-in-training, certificate of registration or license as a professional
				engineer, licensure as a professional land surveyor, and certificates of
				authority to use the titles "structural engineer," "geotechnical engineer,"
				"soil engineer," "soils engineer," or "consulting engineer."
(i) As used in this section, the term
				"applicant" shall have the meaning given to it by Section
				144(c)
				of the Business and Professions Code, which states, "the term 'applicant' shall
				be limited to an initial applicant who has never been registered or licensed by
				the board or to an applicant for a new licensure or registration
				category."
1. New section
				  filed 11-6-2013; operative 1-1-2014 (Register 2013, No. 45).
2.
				  Change without regulatory effect amending subsection (g) and amending NOTE
				  filed 1-25-2016 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2016, No. 5).
3. Change without regulatory
				  effect amending subsection (g) filed 1-17-2018 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2018, No. 3).
Note: Authority cited: Sections
					 6716
					 and
					 8710,
					 Business and Professions Code. Reference: Sections
					 144,
					 475,
					 480,
					 6750,
					 6751,
					 6758,
					 6759,
					 6762.5,
					 6763,
					 6796.3,
					 8740,
					 8746,
					 8747.5,
					 8748
					 and
					 8803,
					 Business and Professions Code; and Section
					 11105, Penal
					 Code.