150. The department is under the control of a civil executive
officer who is known as the Director of Consumer Affairs.
151. The director is appointed by the Governor and holds office at
the Governor's pleasure. The director shall receive the annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code, and his or her
necessary traveling expenses.
152. For the purpose of administration, the reregistration and
clerical work of the department is organized by the director, subject
to the approval of the Governor, in such manner as he deems
necessary properly to segregate and conduct the work of the
department.
152.5. For purposes of distributing the reregistration work of the
department uniformly throughout the year as nearly as practicable,
the boards in the department may, with the approval of the director,
extend by not more than six months the date fixed by law for the
renewal of any license, certificate or permit issued by them, except
that in such event any renewal fee which may be involved shall be
prorated in such manner that no person shall be required to pay a
greater or lesser fee than would have been required had the change in
renewal dates not occurred.
152.6. Notwithstanding any other provision of this code, each board
within the department shall, in cooperation with the director,
establish such license periods and renewal dates for all licenses in
such manner as best to distribute the renewal work of all boards
throughout each year and permit the most efficient, and economical
use of personnel and equipment. To the extent practicable, provision
shall be made for the proration or other adjustment of fees in such
manner that no person shall be required to pay a greater or lesser
fee than he would have been required to pay if the change in license
periods or renewal dates had not occurred.
As used in this section "license" includes "certificate," "permit,"
"authority," "registration," and similar indicia of authority to
engage in a business or profession, and "board" includes "board,"
"commission," "committee," and an individual who is authorized to
renew a license.
153. The director may investigate the work of the several boards in
his department and may obtain a copy of all records and full and
complete data in all official matters in possession of the boards,
their members, officers, or employees, other than examination
questions prior to submission to applicants at scheduled
examinations.
153.5. In the event that a newly authorized board replaces an
existing or a previous board, the director may appoint an interim
executive officer for the board who shall serve temporarily until the
new board appoints a permanent executive officer.
154. Any and all matters relating to employment, tenure or
discipline of employees of any board, agency or commission, shall be
initiated by said board, agency or commission, but all such actions
shall, before reference to the State Personnel Board, receive the
approval of the appointing power.
To effect the purposes of Division 1 of this code and each agency
of the department, employment of all personnel shall be in accord
with Article XXIV of the Constitution, the law and rules and
regulations of the State Personnel Board. Each board, agency or
commission, shall select its employees from a list of eligibles
obtained by the appointing power from the State Personnel Board. The
person selected by the board, agency or commission to fill any
position or vacancy shall thereafter be reported by the board, agency
or commission, to the appointing power.
154.2. (a) The healing arts boards within Division 2 (commencing
with Section 500) may employ individuals, other than peace officers,
to perform investigative services.
(b) The healing arts boards within Division 2 (commencing with
Section 500) may employ individuals to serve as experts.
154.5. If a person, not a regular employee of a board under this
code, including the Board of Chiropractic Examiners and the
Osteopathic Medical Board of California, is hired or under contract
to provide expertise to the board in the evaluation of an applicant
or the conduct of a licensee, and that person is named as a defendant
in a civil action arising out of the evaluation or any opinions
rendered, statements made, or testimony given to the board or its
representatives, the board shall provide for representation required
to defend the defendant in that civil action. The board shall not be
liable for any judgment rendered against the person. The Attorney
General shall be utilized in the action and his or her services shall
be a charge against the board.
155. (a) In accordance with Section 159.5, the director may employ
such investigators, inspectors, and deputies as are necessary
properly to investigate and prosecute all violations of any law, the
enforcement of which is charged to the department or to any board,
agency, or commission in the department.
(b) It is the intent of the Legislature that inspectors used by
boards, bureaus, or commissions in the department shall not be
required to be employees of the Division of Investigation, but may
either be employees of, or under contract to, the boards, bureaus, or
commissions. Contracts for services shall be consistent with Article
4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of
Division 5 of Title 2 of the Government Code. All civil service
employees currently employed as inspectors whose functions are
transferred as a result of this section shall retain their positions,
status, and rights in accordance with Section 19994.10 of the
Government Code and the State Civil Service Act (Part 2 (commencing
with Section 18500) of Division 5 of Title 2 of the Government Code).
(c) Nothing in this section limits the authority of, or prohibits,
investigators in the Division of Investigation in the conduct of
inspections or investigations of any licensee, or in the conduct of
investigations of any officer or employee of a board or the
department at the specific request of the director or his or her
designee.
156. (a) The director may, for the department and at the request
and with the consent of a board within the department on whose behalf
the contract is to be made, enter into contracts pursuant to Chapter
3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2
of the Government Code or Chapter 2 (commencing with Section 10290)
of Part 2 of Division 2 of the Public Contract Code for and on behalf
of any board within the department.
(b) In accordance with subdivision (a), the director may, in his
or her discretion, negotiate and execute contracts for examination
purposes which include provisions which hold harmless a contractor
where liability resulting from a contract between a board in the
department and the contractor is traceable to the state or its
officers, agents, or employees.
156.1. (a) Notwithstanding any other provision of law, individuals
or entities contracting with the department or any board within the
department for the provision of services relating to the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs shall retain all records and documents pertaining to those
services until such time as these records and documents have been
reviewed for audit by the department. These records and documents
shall be retained for three years from the date of the last treatment
or service rendered to that licentiate, after which time the records
and documents may be purged and destroyed by the contract vendor.
This provision shall supersede any other provision of law relating to
the purging or destruction of records pertaining to those treatment
and rehabilitation programs.
(b) Unless otherwise expressly provided by statute or regulation,
all records and documents pertaining to services for the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs provided by any contract vendor to the department or to any
board within the department shall be kept confidential and are not
subject to discovery or subpoena.
(c) With respect to all other contracts for services with the
department or any board within the department other than those set
forth in subdivision (a), the director or chief deputy director may
request an examination and audit by the department's internal auditor
of all performance under the contract. For this purpose, all
documents and records of the contract vendor in connection with such
performance shall be retained by such vendor for a period of three
years after final payment under the contract. Nothing in this section
shall affect the authority of the State Auditor to conduct any
examination or audit under the terms of Section 8546.7 of the
Government Code.
156.5. The director may negotiate and execute for the department
and for its component agencies, rental agreements for short-term
hiring of space and furnishings for examination or meeting purposes.
The director may, in his or her discretion, negotiate and execute
contracts for that space which include provisions which hold harmless
the provider of the space where liability resulting from use of the
space under the contract is traceable to the state or its officers,
agents, or employees. Notwithstanding any other provision of law, the
director may, in his or her discretion, advance payments as deposits
to reserve and hold examination or meeting space. Any such agreement
is subject to the approval of the legal office of the Department of
General Services.
157. Expenses incurred by any board or on behalf of any board in
any criminal prosecution or unprofessional conduct proceeding
constitute proper charges against the funds of the board.
158. With the approval of the Director of Consumer Affairs, the
boards and commissions comprising the department or subject to its
jurisdiction may make refunds to applicants who are found ineligible
to take the examinations or whose credentials are insufficient to
entitle them to certificates or licenses.
Notwithstanding any other provision of law any application fees,
license fees or penalties imposed and collected illegally, by
mistake, inadvertence, or error shall be refunded. Claims authorized
by the department shall be filed with the State Controller, and the
Controller shall draw his warrant against the fund of the agency in
payment of such refund.
159. The members and the executive officer of each board, agency,
bureau, division, or commission have power to administer oaths and
affirmations in the performance of any business of the board, and to
certify to official acts.
159.5. There is in the department the Division of Investigation.
The division is in the charge of a person with the title of chief of
the division.
Except as provided in Section 160, investigators who have the
authority of peace officers, as specified in subdivision (a) of
Section 160 and in subdivision (a) of Section 830.3 of the Penal
Code, shall be in the division and shall be appointed by the
director.
160. (a) The Chief and all investigators of the Division of
Investigation of the department and all investigators of the Medical
Board of California and the Dental Board of California have the
authority of peace officers while engaged in exercising the powers
granted or performing the duties imposed upon them or the division in
investigating the laws administered by the various boards comprising
the department or commencing directly or indirectly any criminal
prosecution arising from any investigation conducted under these
laws. All persons herein referred to shall be deemed to be acting
within the scope of employment with respect to all acts and matters
set forth in this section.
(b) The Division of Investigation of the department, the Medical
Board of California, and the Dental Board of California may employ
individuals, who are not peace officers, to provide investigative
services.
160.5. All civil service employees currently employed by the Board
of Dental Examiners of the Department of Consumer Affairs, whose
functions are transferred as a result of the act adding this section
shall retain their positions, status, and rights pursuant to Section
19050.9 of the Government Code and the State Civil Service Act, Part
2 (commencing with Section 18500) of Division 5 of Title 2 of the
Government Code. The transfer of employees as a result of the act
adding this section shall occur no later than July 1, 1999.
161. The department, or any board in the department, may sell
copies of any part of its respective public records, or compilations,
extracts, or summaries of information contained in its public
records, at a charge sufficient to pay the actual cost thereof. Such
charge, and the conditions under which sales may be made, shall be
determined by the director with the approval of the Department of
General Services.
162. The certificate of the officer in charge of the records of any
board in the department that any person was or was not on a
specified date, or during a specified period of time, licensed,
certified or registered under the provisions of law administered by
the board, or that the license, certificate or registration of any
person was revoked or under suspension, shall be admitted in any
court as prima facie evidence of the facts therein recited.
163. Except as otherwise expressly provided by law, the department
and each board in the department shall charge a fee of two dollars
($2) for the certification of a copy of any record, document, or
paper in its custody or for the certification of any document
evidencing the content of any such record, document or paper.
163.5. Except as otherwise provided by law, the delinquency,
penalty, or late fee for any licensee within the Department of
Consumer Affairs shall be 50 percent of the renewal fee for such
license in effect on the date of the renewal of the license, but not
less than twenty-five dollars ($25) nor more than one hundred fifty
dollars ($150).
A delinquency, penalty, or late fee shall not be assessed until 30
days have elapsed from the date that the licensing agency mailed a
notice of renewal to the licensee at the licensee's last known
address of record. The notice shall specify the date for timely
renewal, and that failure to renew in a timely fashion shall result
in the assessment of a delinquency, penalty, or late fee.
In the event a reinstatement or like fee is charged for the
reinstatement of a license, the reinstatement fee shall be 150
percent of the renewal fee for such license in effect on the date of
the reinstatement of the license, but not more than twenty-five
dollars ($25) in excess of the renewal fee, except that in the event
that such a fee is fixed by statute at less than 150 percent of the
renewal fee and less than the renewal fee plus twenty-five dollars
($25), the fee so fixed shall be charged.
164. The form and content of any license, certificate, permit, or
similar indicia of authority issued by any agency in the department,
including any document evidencing renewal of a license, certificate,
permit, or similar indicia of authority, shall be determined by the
director after consultation with and consideration of the views of
the agency concerned.
165. Notwithstanding any other provision of law, no board, bureau,
committee, commission, or program in the Department of Consumer
Affairs shall submit to the Legislature any fiscal impact analysis
relating to legislation pending before the Legislature until the
analysis has been submitted to the Director of Consumer Affairs, or
his or her designee, for review and comment. The boards, bureaus,
committees, commissions, and programs shall include the comments of
the director when submitting any fiscal impact analysis to the
Legislature. This section shall not be construed to prohibit boards,
bureaus, committees, commissions, and programs from responding to
direct requests for fiscal data from Members of the Legislature or
their staffs. In those instances it shall be the responsibility of
boards, bureaus, committees, commissions, and programs to also
transmit that information to the director, or his or her designee,
within five working days.
166. The director shall, by regulation, develop guidelines to
prescribe components for mandatory continuing education programs
administered by any board within the department.
(a) The guidelines shall be developed to ensure that mandatory
continuing education is used as a means to create a more competent
licensing population, thereby enhancing public protection. The
guidelines shall require mandatory continuing education programs to
address, at least, the following:
(1) Course validity.
(2) Occupational relevancy.
(3) Effective presentation.
(4) Actual attendance.
(5) Material assimilation.
(6) Potential for application.
(b) The director shall consider educational principles, and the
guidelines shall prescribe mandatory continuing education program
formats to include, but not be limited to, the following:
(1) The specified audience.
(2) Identification of what is to be learned.
(3) Clear goals and objectives.
(4) Relevant learning methods (participatory, hands-on, or
clinical setting).
(5) Evaluation, focused on the learner and the assessment of the
intended learning outcomes (goals and objectives).
(c) Any board within the department that, after January 1, 1993,
proposes a mandatory continuing education program for its licensees
shall submit the proposed program to the director for review to
assure that the program contains all the elements set forth in this
section and complies with the guidelines developed by the director.
(d) Any board administering a mandatory continuing education
program that proposes to amend its current program shall do so in a
manner consistent with this section.
(e) Any board currently administering a mandatory continuing
education program shall review the components and requirements of the
program to determine the extent to which they are consistent with
the guidelines developed under this section. The board shall submit a
report of their findings to the director. The report shall identify
the similarities and differences of its mandatory continuing
education program. The report shall include any board-specific needs
to explain the variation from the director's guidelines.
(f) Any board administering a mandatory continuing education
program, when accepting hours for credit which are obtained out of
state, shall ensure that the course for which credit is given is
administered in accordance with the guidelines addressed in
subdivision (a).
(g) Nothing in this section or in the guidelines adopted by the
director shall be construed to repeal any requirements for continuing
education programs set forth in any other provision of this code.
150. The department is under the control of a civil executive
officer who is known as the Director of Consumer Affairs.
151. The director is appointed by the Governor and holds office at
the Governor's pleasure. The director shall receive the annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code, and his or her
necessary traveling expenses.
152. For the purpose of administration, the reregistration and
clerical work of the department is organized by the director, subject
to the approval of the Governor, in such manner as he deems
necessary properly to segregate and conduct the work of the
department.
152.5. For purposes of distributing the reregistration work of the
department uniformly throughout the year as nearly as practicable,
the boards in the department may, with the approval of the director,
extend by not more than six months the date fixed by law for the
renewal of any license, certificate or permit issued by them, except
that in such event any renewal fee which may be involved shall be
prorated in such manner that no person shall be required to pay a
greater or lesser fee than would have been required had the change in
renewal dates not occurred.
152.6. Notwithstanding any other provision of this code, each board
within the department shall, in cooperation with the director,
establish such license periods and renewal dates for all licenses in
such manner as best to distribute the renewal work of all boards
throughout each year and permit the most efficient, and economical
use of personnel and equipment. To the extent practicable, provision
shall be made for the proration or other adjustment of fees in such
manner that no person shall be required to pay a greater or lesser
fee than he would have been required to pay if the change in license
periods or renewal dates had not occurred.
As used in this section "license" includes "certificate," "permit,"
"authority," "registration," and similar indicia of authority to
engage in a business or profession, and "board" includes "board,"
"commission," "committee," and an individual who is authorized to
renew a license.
153. The director may investigate the work of the several boards in
his department and may obtain a copy of all records and full and
complete data in all official matters in possession of the boards,
their members, officers, or employees, other than examination
questions prior to submission to applicants at scheduled
examinations.
153.5. In the event that a newly authorized board replaces an
existing or a previous board, the director may appoint an interim
executive officer for the board who shall serve temporarily until the
new board appoints a permanent executive officer.
154. Any and all matters relating to employment, tenure or
discipline of employees of any board, agency or commission, shall be
initiated by said board, agency or commission, but all such actions
shall, before reference to the State Personnel Board, receive the
approval of the appointing power.
To effect the purposes of Division 1 of this code and each agency
of the department, employment of all personnel shall be in accord
with Article XXIV of the Constitution, the law and rules and
regulations of the State Personnel Board. Each board, agency or
commission, shall select its employees from a list of eligibles
obtained by the appointing power from the State Personnel Board. The
person selected by the board, agency or commission to fill any
position or vacancy shall thereafter be reported by the board, agency
or commission, to the appointing power.
154.2. (a) The healing arts boards within Division 2 (commencing
with Section 500) may employ individuals, other than peace officers,
to perform investigative services.
(b) The healing arts boards within Division 2 (commencing with
Section 500) may employ individuals to serve as experts.
154.5. If a person, not a regular employee of a board under this
code, including the Board of Chiropractic Examiners and the
Osteopathic Medical Board of California, is hired or under contract
to provide expertise to the board in the evaluation of an applicant
or the conduct of a licensee, and that person is named as a defendant
in a civil action arising out of the evaluation or any opinions
rendered, statements made, or testimony given to the board or its
representatives, the board shall provide for representation required
to defend the defendant in that civil action. The board shall not be
liable for any judgment rendered against the person. The Attorney
General shall be utilized in the action and his or her services shall
be a charge against the board.
155. (a) In accordance with Section 159.5, the director may employ
such investigators, inspectors, and deputies as are necessary
properly to investigate and prosecute all violations of any law, the
enforcement of which is charged to the department or to any board,
agency, or commission in the department.
(b) It is the intent of the Legislature that inspectors used by
boards, bureaus, or commissions in the department shall not be
required to be employees of the Division of Investigation, but may
either be employees of, or under contract to, the boards, bureaus, or
commissions. Contracts for services shall be consistent with Article
4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of
Division 5 of Title 2 of the Government Code. All civil service
employees currently employed as inspectors whose functions are
transferred as a result of this section shall retain their positions,
status, and rights in accordance with Section 19994.10 of the
Government Code and the State Civil Service Act (Part 2 (commencing
with Section 18500) of Division 5 of Title 2 of the Government Code).
(c) Nothing in this section limits the authority of, or prohibits,
investigators in the Division of Investigation in the conduct of
inspections or investigations of any licensee, or in the conduct of
investigations of any officer or employee of a board or the
department at the specific request of the director or his or her
designee.
156. (a) The director may, for the department and at the request
and with the consent of a board within the department on whose behalf
the contract is to be made, enter into contracts pursuant to Chapter
3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2
of the Government Code or Chapter 2 (commencing with Section 10290)
of Part 2 of Division 2 of the Public Contract Code for and on behalf
of any board within the department.
(b) In accordance with subdivision (a), the director may, in his
or her discretion, negotiate and execute contracts for examination
purposes which include provisions which hold harmless a contractor
where liability resulting from a contract between a board in the
department and the contractor is traceable to the state or its
officers, agents, or employees.
156.1. (a) Notwithstanding any other provision of law, individuals
or entities contracting with the department or any board within the
department for the provision of services relating to the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs shall retain all records and documents pertaining to those
services until such time as these records and documents have been
reviewed for audit by the department. These records and documents
shall be retained for three years from the date of the last treatment
or service rendered to that licentiate, after which time the records
and documents may be purged and destroyed by the contract vendor.
This provision shall supersede any other provision of law relating to
the purging or destruction of records pertaining to those treatment
and rehabilitation programs.
(b) Unless otherwise expressly provided by statute or regulation,
all records and documents pertaining to services for the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs provided by any contract vendor to the department or to any
board within the department shall be kept confidential and are not
subject to discovery or subpoena.
(c) With respect to all other contracts for services with the
department or any board within the department other than those set
forth in subdivision (a), the director or chief deputy director may
request an examination and audit by the department's internal auditor
of all performance under the contract. For this purpose, all
documents and records of the contract vendor in connection with such
performance shall be retained by such vendor for a period of three
years after final payment under the contract. Nothing in this section
shall affect the authority of the State Auditor to conduct any
examination or audit under the terms of Section 8546.7 of the
Government Code.
156.5. The director may negotiate and execute for the department
and for its component agencies, rental agreements for short-term
hiring of space and furnishings for examination or meeting purposes.
The director may, in his or her discretion, negotiate and execute
contracts for that space which include provisions which hold harmless
the provider of the space where liability resulting from use of the
space under the contract is traceable to the state or its officers,
agents, or employees. Notwithstanding any other provision of law, the
director may, in his or her discretion, advance payments as deposits
to reserve and hold examination or meeting space. Any such agreement
is subject to the approval of the legal office of the Department of
General Services.
157. Expenses incurred by any board or on behalf of any board in
any criminal prosecution or unprofessional conduct proceeding
constitute proper charges against the funds of the board.
158. With the approval of the Director of Consumer Affairs, the
boards and commissions comprising the department or subject to its
jurisdiction may make refunds to applicants who are found ineligible
to take the examinations or whose credentials are insufficient to
entitle them to certificates or licenses.
Notwithstanding any other provision of law any application fees,
license fees or penalties imposed and collected illegally, by
mistake, inadvertence, or error shall be refunded. Claims authorized
by the department shall be filed with the State Controller, and the
Controller shall draw his warrant against the fund of the agency in
payment of such refund.
159. The members and the executive officer of each board, agency,
bureau, division, or commission have power to administer oaths and
affirmations in the performance of any business of the board, and to
certify to official acts.
159.5. There is in the department the Division of Investigation.
The division is in the charge of a person with the title of chief of
the division.
Except as provided in Section 160, investigators who have the
authority of peace officers, as specified in subdivision (a) of
Section 160 and in subdivision (a) of Section 830.3 of the Penal
Code, shall be in the division and shall be appointed by the
director.
160. (a) The Chief and all investigators of the Division of
Investigation of the department and all investigators of the Medical
Board of California and the Dental Board of California have the
authority of peace officers while engaged in exercising the powers
granted or performing the duties imposed upon them or the division in
investigating the laws administered by the various boards comprising
the department or commencing directly or indirectly any criminal
prosecution arising from any investigation conducted under these
laws. All persons herein referred to shall be deemed to be acting
within the scope of employment with respect to all acts and matters
set forth in this section.
(b) The Division of Investigation of the department, the Medical
Board of California, and the Dental Board of California may employ
individuals, who are not peace officers, to provide investigative
services.
160.5. All civil service employees currently employed by the Board
of Dental Examiners of the Department of Consumer Affairs, whose
functions are transferred as a result of the act adding this section
shall retain their positions, status, and rights pursuant to Section
19050.9 of the Government Code and the State Civil Service Act, Part
2 (commencing with Section 18500) of Division 5 of Title 2 of the
Government Code. The transfer of employees as a result of the act
adding this section shall occur no later than July 1, 1999.
161. The department, or any board in the department, may sell
copies of any part of its respective public records, or compilations,
extracts, or summaries of information contained in its public
records, at a charge sufficient to pay the actual cost thereof. Such
charge, and the conditions under which sales may be made, shall be
determined by the director with the approval of the Department of
General Services.
162. The certificate of the officer in charge of the records of any
board in the department that any person was or was not on a
specified date, or during a specified period of time, licensed,
certified or registered under the provisions of law administered by
the board, or that the license, certificate or registration of any
person was revoked or under suspension, shall be admitted in any
court as prima facie evidence of the facts therein recited.
163. Except as otherwise expressly provided by law, the department
and each board in the department shall charge a fee of two dollars
($2) for the certification of a copy of any record, document, or
paper in its custody or for the certification of any document
evidencing the content of any such record, document or paper.
163.5. Except as otherwise provided by law, the delinquency,
penalty, or late fee for any licensee within the Department of
Consumer Affairs shall be 50 percent of the renewal fee for such
license in effect on the date of the renewal of the license, but not
less than twenty-five dollars ($25) nor more than one hundred fifty
dollars ($150).
A delinquency, penalty, or late fee shall not be assessed until 30
days have elapsed from the date that the licensing agency mailed a
notice of renewal to the licensee at the licensee's last known
address of record. The notice shall specify the date for timely
renewal, and that failure to renew in a timely fashion shall result
in the assessment of a delinquency, penalty, or late fee.
In the event a reinstatement or like fee is charged for the
reinstatement of a license, the reinstatement fee shall be 150
percent of the renewal fee for such license in effect on the date of
the reinstatement of the license, but not more than twenty-five
dollars ($25) in excess of the renewal fee, except that in the event
that such a fee is fixed by statute at less than 150 percent of the
renewal fee and less than the renewal fee plus twenty-five dollars
($25), the fee so fixed shall be charged.
164. The form and content of any license, certificate, permit, or
similar indicia of authority issued by any agency in the department,
including any document evidencing renewal of a license, certificate,
permit, or similar indicia of authority, shall be determined by the
director after consultation with and consideration of the views of
the agency concerned.
165. Notwithstanding any other provision of law, no board, bureau,
committee, commission, or program in the Department of Consumer
Affairs shall submit to the Legislature any fiscal impact analysis
relating to legislation pending before the Legislature until the
analysis has been submitted to the Director of Consumer Affairs, or
his or her designee, for review and comment. The boards, bureaus,
committees, commissions, and programs shall include the comments of
the director when submitting any fiscal impact analysis to the
Legislature. This section shall not be construed to prohibit boards,
bureaus, committees, commissions, and programs from responding to
direct requests for fiscal data from Members of the Legislature or
their staffs. In those instances it shall be the responsibility of
boards, bureaus, committees, commissions, and programs to also
transmit that information to the director, or his or her designee,
within five working days.
166. The director shall, by regulation, develop guidelines to
prescribe components for mandatory continuing education programs
administered by any board within the department.
(a) The guidelines shall be developed to ensure that mandatory
continuing education is used as a means to create a more competent
licensing population, thereby enhancing public protection. The
guidelines shall require mandatory continuing education programs to
address, at least, the following:
(1) Course validity.
(2) Occupational relevancy.
(3) Effective presentation.
(4) Actual attendance.
(5) Material assimilation.
(6) Potential for application.
(b) The director shall consider educational principles, and the
guidelines shall prescribe mandatory continuing education program
formats to include, but not be limited to, the following:
(1) The specified audience.
(2) Identification of what is to be learned.
(3) Clear goals and objectives.
(4) Relevant learning methods (participatory, hands-on, or
clinical setting).
(5) Evaluation, focused on the learner and the assessment of the
intended learning outcomes (goals and objectives).
(c) Any board within the department that, after January 1, 1993,
proposes a mandatory continuing education program for its licensees
shall submit the proposed program to the director for review to
assure that the program contains all the elements set forth in this
section and complies with the guidelines developed by the director.
(d) Any board administering a mandatory continuing education
program that proposes to amend its current program shall do so in a
manner consistent with this section.
(e) Any board currently administering a mandatory continuing
education program shall review the components and requirements of the
program to determine the extent to which they are consistent with
the guidelines developed under this section. The board shall submit a
report of their findings to the director. The report shall identify
the similarities and differences of its mandatory continuing
education program. The report shall include any board-specific needs
to explain the variation from the director's guidelines.
(f) Any board administering a mandatory continuing education
program, when accepting hours for credit which are obtained out of
state, shall ensure that the course for which credit is given is
administered in accordance with the guidelines addressed in
subdivision (a).
(g) Nothing in this section or in the guidelines adopted by the
director shall be construed to repeal any requirements for continuing
education programs set forth in any other provision of this code.
150. The department is under the control of a civil executive
officer who is known as the Director of Consumer Affairs.
151. The director is appointed by the Governor and holds office at
the Governor's pleasure. The director shall receive the annual salary
provided for by Chapter 6 (commencing with Section 11550) of Part 1
of Division 3 of Title 2 of the Government Code, and his or her
necessary traveling expenses.
152. For the purpose of administration, the reregistration and
clerical work of the department is organized by the director, subject
to the approval of the Governor, in such manner as he deems
necessary properly to segregate and conduct the work of the
department.
152.5. For purposes of distributing the reregistration work of the
department uniformly throughout the year as nearly as practicable,
the boards in the department may, with the approval of the director,
extend by not more than six months the date fixed by law for the
renewal of any license, certificate or permit issued by them, except
that in such event any renewal fee which may be involved shall be
prorated in such manner that no person shall be required to pay a
greater or lesser fee than would have been required had the change in
renewal dates not occurred.
152.6. Notwithstanding any other provision of this code, each board
within the department shall, in cooperation with the director,
establish such license periods and renewal dates for all licenses in
such manner as best to distribute the renewal work of all boards
throughout each year and permit the most efficient, and economical
use of personnel and equipment. To the extent practicable, provision
shall be made for the proration or other adjustment of fees in such
manner that no person shall be required to pay a greater or lesser
fee than he would have been required to pay if the change in license
periods or renewal dates had not occurred.
As used in this section "license" includes "certificate," "permit,"
"authority," "registration," and similar indicia of authority to
engage in a business or profession, and "board" includes "board,"
"commission," "committee," and an individual who is authorized to
renew a license.
153. The director may investigate the work of the several boards in
his department and may obtain a copy of all records and full and
complete data in all official matters in possession of the boards,
their members, officers, or employees, other than examination
questions prior to submission to applicants at scheduled
examinations.
153.5. In the event that a newly authorized board replaces an
existing or a previous board, the director may appoint an interim
executive officer for the board who shall serve temporarily until the
new board appoints a permanent executive officer.
154. Any and all matters relating to employment, tenure or
discipline of employees of any board, agency or commission, shall be
initiated by said board, agency or commission, but all such actions
shall, before reference to the State Personnel Board, receive the
approval of the appointing power.
To effect the purposes of Division 1 of this code and each agency
of the department, employment of all personnel shall be in accord
with Article XXIV of the Constitution, the law and rules and
regulations of the State Personnel Board. Each board, agency or
commission, shall select its employees from a list of eligibles
obtained by the appointing power from the State Personnel Board. The
person selected by the board, agency or commission to fill any
position or vacancy shall thereafter be reported by the board, agency
or commission, to the appointing power.
154.2. (a) The healing arts boards within Division 2 (commencing
with Section 500) may employ individuals, other than peace officers,
to perform investigative services.
(b) The healing arts boards within Division 2 (commencing with
Section 500) may employ individuals to serve as experts.
154.5. If a person, not a regular employee of a board under this
code, including the Board of Chiropractic Examiners and the
Osteopathic Medical Board of California, is hired or under contract
to provide expertise to the board in the evaluation of an applicant
or the conduct of a licensee, and that person is named as a defendant
in a civil action arising out of the evaluation or any opinions
rendered, statements made, or testimony given to the board or its
representatives, the board shall provide for representation required
to defend the defendant in that civil action. The board shall not be
liable for any judgment rendered against the person. The Attorney
General shall be utilized in the action and his or her services shall
be a charge against the board.
155. (a) In accordance with Section 159.5, the director may employ
such investigators, inspectors, and deputies as are necessary
properly to investigate and prosecute all violations of any law, the
enforcement of which is charged to the department or to any board,
agency, or commission in the department.
(b) It is the intent of the Legislature that inspectors used by
boards, bureaus, or commissions in the department shall not be
required to be employees of the Division of Investigation, but may
either be employees of, or under contract to, the boards, bureaus, or
commissions. Contracts for services shall be consistent with Article
4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of
Division 5 of Title 2 of the Government Code. All civil service
employees currently employed as inspectors whose functions are
transferred as a result of this section shall retain their positions,
status, and rights in accordance with Section 19994.10 of the
Government Code and the State Civil Service Act (Part 2 (commencing
with Section 18500) of Division 5 of Title 2 of the Government Code).
(c) Nothing in this section limits the authority of, or prohibits,
investigators in the Division of Investigation in the conduct of
inspections or investigations of any licensee, or in the conduct of
investigations of any officer or employee of a board or the
department at the specific request of the director or his or her
designee.
156. (a) The director may, for the department and at the request
and with the consent of a board within the department on whose behalf
the contract is to be made, enter into contracts pursuant to Chapter
3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2
of the Government Code or Chapter 2 (commencing with Section 10290)
of Part 2 of Division 2 of the Public Contract Code for and on behalf
of any board within the department.
(b) In accordance with subdivision (a), the director may, in his
or her discretion, negotiate and execute contracts for examination
purposes which include provisions which hold harmless a contractor
where liability resulting from a contract between a board in the
department and the contractor is traceable to the state or its
officers, agents, or employees.
156.1. (a) Notwithstanding any other provision of law, individuals
or entities contracting with the department or any board within the
department for the provision of services relating to the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs shall retain all records and documents pertaining to those
services until such time as these records and documents have been
reviewed for audit by the department. These records and documents
shall be retained for three years from the date of the last treatment
or service rendered to that licentiate, after which time the records
and documents may be purged and destroyed by the contract vendor.
This provision shall supersede any other provision of law relating to
the purging or destruction of records pertaining to those treatment
and rehabilitation programs.
(b) Unless otherwise expressly provided by statute or regulation,
all records and documents pertaining to services for the treatment
and rehabilitation of licentiates impaired by alcohol or dangerous
drugs provided by any contract vendor to the department or to any
board within the department shall be kept confidential and are not
subject to discovery or subpoena.
(c) With respect to all other contracts for services with the
department or any board within the department other than those set
forth in subdivision (a), the director or chief deputy director may
request an examination and audit by the department's internal auditor
of all performance under the contract. For this purpose, all
documents and records of the contract vendor in connection with such
performance shall be retained by such vendor for a period of three
years after final payment under the contract. Nothing in this section
shall affect the authority of the State Auditor to conduct any
examination or audit under the terms of Section 8546.7 of the
Government Code.
156.5. The director may negotiate and execute for the department
and for its component agencies, rental agreements for short-term
hiring of space and furnishings for examination or meeting purposes.
The director may, in his or her discretion, negotiate and execute
contracts for that space which include provisions which hold harmless
the provider of the space where liability resulting from use of the
space under the contract is traceable to the state or its officers,
agents, or employees. Notwithstanding any other provision of law, the
director may, in his or her discretion, advance payments as deposits
to reserve and hold examination or meeting space. Any such agreement
is subject to the approval of the legal office of the Department of
General Services.
157. Expenses incurred by any board or on behalf of any board in
any criminal prosecution or unprofessional conduct proceeding
constitute proper charges against the funds of the board.
158. With the approval of the Director of Consumer Affairs, the
boards and commissions comprising the department or subject to its
jurisdiction may make refunds to applicants who are found ineligible
to take the examinations or whose credentials are insufficient to
entitle them to certificates or licenses.
Notwithstanding any other provision of law any application fees,
license fees or penalties imposed and collected illegally, by
mistake, inadvertence, or error shall be refunded. Claims authorized
by the department shall be filed with the State Controller, and the
Controller shall draw his warrant against the fund of the agency in
payment of such refund.
159. The members and the executive officer of each board, agency,
bureau, division, or commission have power to administer oaths and
affirmations in the performance of any business of the board, and to
certify to official acts.
159.5. There is in the department the Division of Investigation.
The division is in the charge of a person with the title of chief of
the division.
Except as provided in Section 160, investigators who have the
authority of peace officers, as specified in subdivision (a) of
Section 160 and in subdivision (a) of Section 830.3 of the Penal
Code, shall be in the division and shall be appointed by the
director.
160. (a) The Chief and all investigators of the Division of
Investigation of the department and all investigators of the Medical
Board of California and the Dental Board of California have the
authority of peace officers while engaged in exercising the powers
granted or performing the duties imposed upon them or the division in
investigating the laws administered by the various boards comprising
the department or commencing directly or indirectly any criminal
prosecution arising from any investigation conducted under these
laws. All persons herein referred to shall be deemed to be acting
within the scope of employment with respect to all acts and matters
set forth in this section.
(b) The Division of Investigation of the department, the Medical
Board of California, and the Dental Board of California may employ
individuals, who are not peace officers, to provide investigative
services.
160.5. All civil service employees currently employed by the Board
of Dental Examiners of the Department of Consumer Affairs, whose
functions are transferred as a result of the act adding this section
shall retain their positions, status, and rights pursuant to Section
19050.9 of the Government Code and the State Civil Service Act, Part
2 (commencing with Section 18500) of Division 5 of Title 2 of the
Government Code. The transfer of employees as a result of the act
adding this section shall occur no later than July 1, 1999.
161. The department, or any board in the department, may sell
copies of any part of its respective public records, or compilations,
extracts, or summaries of information contained in its public
records, at a charge sufficient to pay the actual cost thereof. Such
charge, and the conditions under which sales may be made, shall be
determined by the director with the approval of the Department of
General Services.
162. The certificate of the officer in charge of the records of any
board in the department that any person was or was not on a
specified date, or during a specified period of time, licensed,
certified or registered under the provisions of law administered by
the board, or that the license, certificate or registration of any
person was revoked or under suspension, shall be admitted in any
court as prima facie evidence of the facts therein recited.
163. Except as otherwise expressly provided by law, the department
and each board in the department shall charge a fee of two dollars
($2) for the certification of a copy of any record, document, or
paper in its custody or for the certification of any document
evidencing the content of any such record, document or paper.
163.5. Except as otherwise provided by law, the delinquency,
penalty, or late fee for any licensee within the Department of
Consumer Affairs shall be 50 percent of the renewal fee for such
license in effect on the date of the renewal of the license, but not
less than twenty-five dollars ($25) nor more than one hundred fifty
dollars ($150).
A delinquency, penalty, or late fee shall not be assessed until 30
days have elapsed from the date that the licensing agency mailed a
notice of renewal to the licensee at the licensee's last known
address of record. The notice shall specify the date for timely
renewal, and that failure to renew in a timely fashion shall result
in the assessment of a delinquency, penalty, or late fee.
In the event a reinstatement or like fee is charged for the
reinstatement of a license, the reinstatement fee shall be 150
percent of the renewal fee for such license in effect on the date of
the reinstatement of the license, but not more than twenty-five
dollars ($25) in excess of the renewal fee, except that in the event
that such a fee is fixed by statute at less than 150 percent of the
renewal fee and less than the renewal fee plus twenty-five dollars
($25), the fee so fixed shall be charged.
164. The form and content of any license, certificate, permit, or
similar indicia of authority issued by any agency in the department,
including any document evidencing renewal of a license, certificate,
permit, or similar indicia of authority, shall be determined by the
director after consultation with and consideration of the views of
the agency concerned.
165. Notwithstanding any other provision of law, no board, bureau,
committee, commission, or program in the Department of Consumer
Affairs shall submit to the Legislature any fiscal impact analysis
relating to legislation pending before the Legislature until the
analysis has been submitted to the Director of Consumer Affairs, or
his or her designee, for review and comment. The boards, bureaus,
committees, commissions, and programs shall include the comments of
the director when submitting any fiscal impact analysis to the
Legislature. This section shall not be construed to prohibit boards,
bureaus, committees, commissions, and programs from responding to
direct requests for fiscal data from Members of the Legislature or
their staffs. In those instances it shall be the responsibility of
boards, bureaus, committees, commissions, and programs to also
transmit that information to the director, or his or her designee,
within five working days.
166. The director shall, by regulation, develop guidelines to
prescribe components for mandatory continuing education programs
administered by any board within the department.
(a) The guidelines shall be developed to ensure that mandatory
continuing education is used as a means to create a more competent
licensing population, thereby enhancing public protection. The
guidelines shall require mandatory continuing education programs to
address, at least, the following:
(1) Course validity.
(2) Occupational relevancy.
(3) Effective presentation.
(4) Actual attendance.
(5) Material assimilation.
(6) Potential for application.
(b) The director shall consider educational principles, and the
guidelines shall prescribe mandatory continuing education program
formats to include, but not be limited to, the following:
(1) The specified audience.
(2) Identification of what is to be learned.
(3) Clear goals and objectives.
(4) Relevant learning methods (participatory, hands-on, or
clinical setting).
(5) Evaluation, focused on the learner and the assessment of the
intended learning outcomes (goals and objectives).
(c) Any board within the department that, after January 1, 1993,
proposes a mandatory continuing education program for its licensees
shall submit the proposed program to the director for review to
assure that the program contains all the elements set forth in this
section and complies with the guidelines developed by the director.
(d) Any board administering a mandatory continuing education
program that proposes to amend its current program shall do so in a
manner consistent with this section.
(e) Any board currently administering a mandatory continuing
education program shall review the components and requirements of the
program to determine the extent to which they are consistent with
the guidelines developed under this section. The board shall submit a
report of their findings to the director. The report shall identify
the similarities and differences of its mandatory continuing
education program. The report shall include any board-specific needs
to explain the variation from the director's guidelines.
(f) Any board administering a mandatory continuing education
program, when accepting hours for credit which are obtained out of
state, shall ensure that the course for which credit is given is
administered in accordance with the guidelines addressed in
subdivision (a).
(g) Nothing in this section or in the guidelines adopted by the
director shall be construed to repeal any requirements for continuing
education programs set forth in any other provision of this code.
