State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 7200-7217

BUSINESS AND PROFESSIONS CODE
SECTION 7200-7217



7200.  (a) There is in the Department of Consumer Affairs a State
Board of Guide Dogs for the Blind in whom enforcement of this chapter
is vested. The board shall consist of seven members appointed by the
Governor. One member shall be the Director of Rehabilitation or his
or her designated representative. The remaining members shall be
persons who have shown a particular interest in dealing with the
problems of the blind, and at least two of them shall be blind
persons who use guide dogs.
   (b) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.The repeal of this section renders the board subject to the
review required by Division 1.2 (commencing with Section 473).




7200.1.  Protection of the public shall be the highest priority for
the State Board of Guide Dogs for the Blind in exercising its
licensing, regulatory, and disciplinary functions. Whenever the
protection of the public is inconsistent with other interests sought
to be promoted, the protection of the public shall be paramount.




7200.5.  The board shall have exclusive authority in this state to
issue licenses for the instruction of blind persons in the use of
guide dogs and for the training of guide dogs for use by blind
persons. It shall also have exclusive authority in this state to
issue licenses to operate schools for the training of guide dogs for
the blind, and the instruction of blind persons in the use of guide
dogs.



7200.7.  A fee equal to no more than 0.005 of all school expenses
incurred in the most recently concluded school calendar year, as
specified in the audit required under Section 7217, shall be paid no
later than April 30 of each year for renewal of a school's license
pursuant to Section 7200.5. The board shall, by regulation, define
the exact amount of the fee. All fees collected pursuant to this
section shall be deposited into the Guide Dogs for the Blind Fund,
which is hereby created.



7201.  No person shall be eligible to membership in the board who is
a stockholder in, or an owner of, or financially interested directly
or indirectly, in any company, organization, or concern supplying,
delivering, or furnishing any guide dogs for use by the blind.



7202.  Each of the appointed members of the board shall hold office
for a term of four years and until his successor is appointed and
qualified or until one year shall have elapsed since the expiration
of the term for which he was appointed, whichever first occurs. No
person shall serve as an appointed member of the board for more than
two consecutive terms, but this provision shall not apply to any
member in office at the time this provision takes effect.



7203.  The board shall organize and elect from its membership a
president and vice president and secretary who shall hold office for
one year or until the election and qualification of a successor.



7204.  The secretary shall keep all the records of the board and
discharge such other duties as the board shall, from time to time,
prescribe.


7205.  Each member of the board, except the Director of
Rehabilitation or his or her designated representative, shall receive
a per diem and expenses as provided in Section 103. The Director of
Rehabilitation or his or her designated representative shall receive
the necessary expenses for each day actually spent in the performance
of his or her duties.



7206.  The board shall hold regular meetings at least once a year at
which an examination of applicants for certificates of registration
shall be given. Special meetings shall be held upon request of a
majority of the members of the board or upon the call of the
president.



7207.  The board shall keep an accurate record of all its
proceedings and of all its meetings.



7208.  Pursuant to the provisions of the Administrative Procedure
Act the board may make such rules and regulations as are reasonably
necessary to:
   (a) Govern the procedure of the board.
   (b) Govern the admission of applicants for examination for license
to instruct blind persons in the use of guide dogs or to engage in
the business of training, selling, hiring, or being in the business
of supplying guide dogs for the blind.
   (c) Govern the operation of schools which furnish guide dogs and
train blind persons to use guide dogs.
   (d) The reissuance of licenses.
   (e) The reexamination of licensees.



7209.  A person to be eligible for examination as an instructor must
(1) have a knowledge of the special problems of the blind and how to
teach them, (2) be able to demonstrate by actual blindfold test
under traffic conditions his ability to train guide dogs with whom a
blind person would be safe, (3) be suited temperamentally and
otherwise to instruct blind persons in the use of guide dogs, and (4)
have had at least three years' actual experience, comprising such
number of hours as the board may require, as an instructor, and have
handled twenty-two (22) man-dog units; or its equivalent, as
determined by the board, as an apprentice under a licensed instructor
or under an instructor in a school satisfactory to the board.




7209.5.  Except as the context otherwise requires, as used in this
chapter the term "instructor" means a person who instructs blind
persons in the use of guide dogs or who engages in the business of
training, selling, hiring, or supplying guide dogs for the blind.




7210.  It shall be unlawful for any person to sell, offer for sale,
give, hire or furnish under any other arrangement, any guide dog or
seeing-eye dog or to engage in the business or occupation of training
any such dog unless he holds a valid and unimpaired license issued
pursuant to the provisions of this chapter.


7210.5.  It is unlawful to solicit funds for any person purporting
to provide guide dogs for the blind in this state unless the person
for whose benefit the solicitation is made holds a valid and
unimpaired license issued by the State Board of Guide Dogs for the
Blind.
   As used in this section "person" means an individual, firm,
partnership, association, corporation, limited liability company, or
cooperative association.



7210.6.  A person desiring to establish a licensed guide dog school
in this state, whose plan of operation has been approved by the State
Board of Guide Dogs for the Blind and who has furnished to the board
satisfactory evidence of financial responsibility, may secure from
such board a license to solicit funds for the establishment of a
guide dog training school for a period of one year, provided that:
   (a) All funds raised during such one-year period shall be held in
a trust and under the control of the trust department of a bank or
trust company in this state.
   (b) A record of the names and addresses of donors to the fund
shall be kept by the fund raiser and furnished to the board on demand
with respect to all contributions in excess of ten dollars ($10) in
funds or property from any one donor.
   (c) In the event sufficient funds have not been raised within one
year from the issuance of such license to finance establishment and
initial operation of a guide dog school, all such funds, after
payment of the costs of fund raising, and the option to buy land, the
cost of which shall not exceed 20 percent of the funds raised, shall
be repaid prorata to the donors thereof with respect to any
donations in excess of ten dollars ($10) from any one donor.
   (d) A fee of fifty dollars ($50) shall be paid upon issuance of a
license for advance solicitation. In the discretion of the board, for
good cause shown by the applicant, the license for advance
solicitation may be extended for one additional year. During the
period of advance solicitation, no funds shall be expended for
purposes other than the cost of fund raising and the cost of
obtaining an option to buy or lease land for a school site.



7210.7.  Schools and instructors licensed by the board may provide
home training in the use of guide dogs.
   Schools and instructors providing home training in the use of
guide dogs shall, annually, provide the board with the names and
addresses of those persons who are receiving home training and shall
include those persons who have received home training from the school
or instructor subsequent to the last report filed with the board.



7211.  (a) Each applicant for an instructor's license shall file an
application with the secretary of the board at least 10 days before
the date fixed for examination, and shall pay to the secretary at the
time of filing an application the sum of two hundred fifty dollars
($250). No license shall be granted until the applicant has
satisfactorily completed the examination prescribed by the board and
has shown that he or she is equipped by a school or by equivalent
facilities satisfactory to the board. An annual fee of one hundred
dollars ($100) shall be required for the renewal of a license.
   (b) All fees received under this chapter shall be deposited in the
Guide Dogs for the Blind Fund.



7211.1.  (a) As a condition of renewal of an instructor's license,
the instructor shall provide proof of completion of not less than 8
hours of continuing education. The board shall determine the form of
proof.
   (b) Continuing education shall meet the criteria specified in
Section 166, and shall be in one or more of the following subject
matter areas:
   (1) Blindness and mobility.
   (2) Health issues relating to blindness.
   (3) Instructing blind persons.
   (4) Care and training of dogs.
   (c) This section shall apply to renewal of instructors' licenses
which expire on or after June 30, 1996.



7211.2.  A plea or verdict of guilty or a conviction following a
plea of nolo contendere is deemed to be a conviction within the
meaning of this article. The board may order the license suspended or
revoked, or may decline to issue a license, when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his plea of guilty and to enter a plea of not guilty, or
setting aside the verdict of guilty, or dismissing the accusation,
information or indictment.


7211.9.  The board may suspend or revoke a license issued under this
chapter if it determines that the licensee or its manager or
responsible directing officer has:
   (a) Made any false statements or given any false information in
connection with an application for a license or a renewal or
reinstatement thereof.
   (b) Violated any provision of this chapter.
   (c) Violated any rule of the board adopted pursuant to the
authority contained in this chapter.
   (d) Been convicted of a felony or of any crime involving moral
turpitude, or has been convicted of any offense involving cruelty to
animals. The record of conviction, or a certified copy thereof, shall
be conclusive evidence of such conviction.
   (e) Committed any act which would be grounds for denial of a
license.


7212.  The proceedings for the revocation or suspension of a license
shall be conducted in accordance with Chapter 5 of Part 1 of
Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.


7213.  Violation of any provision of this chapter is a misdemeanor.



7214.  The license of a school shall be automatically suspended if
there is no licensed instructor in charge of the training of guide
dogs and in the instruction of persons in the use of guide dogs. Upon
a showing satisfactory to the board that an emergency exists a
temporary instructor's permit may be granted under conditions
prescribed by the board.



7215.  No person shall sell, give, or furnish any guide dog or
seeing-eye dog to a blind person unless the following requirements
have been met:
   (a) The dog has been immunized against distemper and rabies.
   (b) The dog has been neutered.
   (c) The dog has been examined by a licensed veterinarian and found
to be in good health.
   A certificate from a veterinarian certifying to the foregoing
shall be delivered to the recipient of the dog at the time of
delivery of the dog.



7215.5.  During the first year following the successful training of
each person-dog unit, and release from a guide dog training school of
the trained person supplied with a guide dog, the school may retain
title to the trained dog. During this probationary year, the school
may enter into a contractual agreement with the user of the dog
describing the conditions under which the user may maintain the
status of legal custodian of the dog. During the probationary year,
the school, acting in what it deems to be the best interest of the
user, the dog, or the public, may temporarily or permanently resume
possession of the dog.
   Within 15 days after the end of each calendar year, each licensed
school shall report to the board the following:
   (1) The number of dog ownership titles transferred to dog users
pursuant to this section during the calendar year.
   (2) The number of title recoveries and repossessions made by the
school pursuant to this section during the calendar year.
   (3) The number, type, and amount of charges assessed for followup
training, instruction, veterinary, or boarding services, pursuant to
this section, which make a distinction between users who have
acquired title to their dogs and users who have not acquired title.
   (4) The views of the governing entity of the school as to any
problems or concerns relative to compliance with the provisions of
this section, along with recommendations for appropriate legislative
or administrative changes commensurate with the purposes of this
section.
   Immediately upon completion of the first year following the
successful training referred to above, if the training school and the
dog user are mutually satisfied with the operation of the person-dog
unit, title to the dog shall be transferred to the blind user if the
user so desires. Transfer of title shall be evidenced by a transfer
of title agreement executed by both parties thereto. The school may
retain an option to recover title and possession to the guide dog
subject to conditions described in the transfer of title agreement.
These conditions may include, but are not limited to, the following:
   (1) If in the school's opinion, the guide dog is being misused or
neglected or mistreated by its blind user.
   (2) If the blind person to whom the dog was furnished has ceased
to use the dog as a guide and the dog is not too old to be retrained
as a guide for another blind person.
   (3) If, in the school's opinion, the dog is no longer a safe guide
and the user refuses to cease using the dog as a guide after being
requested by the school to cease this use.
   The guide dog school shall make no distinction as to the quality
or extent of followup or supportive services available to its blind
graduates based on whether they elect to acquire title to their dogs
or allow title to remain with the school after the probationary year.
The school may, however, make this distinction when assessing
reasonable and appropriate charges for followup training,
instruction, veterinary, or boarding services.
   No applicant for admission to a guide dog training school, nor any
enrolled student, shall be required by the school prior to
completion of his or her training to sign any instrument or to
announce his or her intention regarding transfer of title of the dog
from the school to himself or herself upon completion of the training
and probation period.



7215.6.  (a) In order to provide a procedure for the resolution of
disputes between guide dog users and guide dog schools relating to
the continued physical custody and use of a guide dog, in all cases
except those in which the dog user is the unconditional legal owner
of the dog, the following arbitration procedure shall be established
as a pilot project.
   (b) This procedure establishes an arbitration panel for the
settlement of disputes between a guide dog user and a licensed guide
dog school regarding the continued use of a guide dog by the user in
all cases except those in which the dog user is the unconditional
legal owner of the dog. The disputes that may be subject to this
procedure concern differences between the user and school over
whether or not a guide dog should continue to be used, differences
between the user and school regarding the treatment of a dog by the
user, and differences over whether or not a user should continue to
have custody of a dog pending investigation of charges of abuse. It
specifically does not address issues such as admissions to schools,
training practices, or other issues relating to school standards. The
board and its representative are not parties to any dispute
described in this section.
   (c) The licensed guide dog schools in California and the board
shall provide to guide dog users graduating from guide dog programs
in these schools a new avenue for the resolution of disputes that
involve continued use of a guide dog, or the actual physical custody
of a guide dog. Guide dog users who are dissatisfied with decisions
of schools regarding continued use of guide dogs may appeal to the
board to convene an arbitration panel composed of all of the
following:
   (1) One person designated by the guide dog user.
   (2) One person designated by the licensed guide dog school.
   (3) A representative of the board who shall coordinate the
activities of the panel and serve as chair.
   (d) If the guide dog user or guide dog school wishes to utilize
the arbitration panel, this must be stated in writing to the board.
The findings and decision of the arbitration panel shall be final and
binding. By voluntarily agreeing to having a dispute resolved by the
arbitration panel and subject to its procedures, each party to the
dispute shall waive any right for subsequent judicial review.
   (e) A licensed guide dog school that fails to comply with any
provision of this section shall automatically be subject to a penalty
of two hundred fifty dollars ($250) per day for each day in which a
violation occurs. The penalty shall be paid to the board. The license
of a guide dog school shall not be renewed until all penalties have
been paid.
   The fine shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether
the fine should be modified or set aside. This application shall be
in writing and shall be received by the board within 30 days after
service of notice of the fine. Upon receipt of this written request,
the board shall set the matter for hearing within 60 days.
   (f) As a general rule, custody of the guide dog shall remain with
the guide dog user pending a resolution by the arbitration panel. In
circumstances where the immediate health and safety of the guide dog
user or guide dog is threatened, the licensed school may take custody
of the dog at once. However, if the dog is removed from the user's
custody without the user's concurrence, the school shall provide to
the board the evidence that caused this action to be taken at once
and without fail; and within five calendar days a special committee
of two members of the board shall make a determination regarding
custody of the dog pending hearing by the arbitration panel.
   (g) The arbitration panel shall decide the best means to determine
final resolution in each case. This shall include, but is not
limited to, a hearing of the matter before the arbitration panel at
the request of either party to the dispute, an opportunity for each
party in the dispute to make presentations before the arbitration
panel, examination of the written record, or any other inquiry as
will best reveal the facts of the disputes. In any case, the panel
shall make its findings and complete its examination within 45
calendar days of the date of filing the request for arbitration, and
a decision shall be rendered within 10 calendar days of the
examination.
   All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the
arbitration shall bear its own costs, except that the arbitration
panel, by unanimous agreement, may modify this arrangement.
   (h) The board may study the effectiveness of the arbitration panel
pilot project in expediting resolution and reducing conflict in
disputes between guide dog users and guide dog schools and may share
its findings with the Legislature upon request.
   (i) This section shall become inoperative on July 1, 2011, and as
of January 1, 2012, is repealed, unless a later enacted statute,
which is enacted before January 1, 2012, deletes or extends that
date.


7216.  The board may refuse to issue a license to a school or
instructor if the applicant, if an individual, or any officer or
partner, if the applicant is other than an individual, has committed
any act or crime constituting grounds for denial of licensure under
Section 480. Proceedings under this section shall be conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all of the powers granted
therein.


7217.  (a) Within 60 days after the end of a calendar year or after
the termination of the fiscal year of a school, there shall be
furnished to the board the following:
   (1) A list of students accepted for training and those who have
completed training.
   (2) A list of the number of dogs trained.
   (b) Within 180 days after the end of a calendar year, there shall
be furnished to the board an independent audit of the school's
finances by a certified public accountant licensed by this state.