2011 California Code
Business and Professions Code
DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.8]
ARTICLE 11. Disciplinary Proceedings
(a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny at any time any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:
(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2) Provides the board s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3) If the board s decision was based on the applicant s prior criminal conviction, justifies the board s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a license is due at least in part to the applicant s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.
(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant s criminal history record and the criminal history record shall not be made available by the board to any employer.
(C) The board shall retain a copy of the applicant s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.
(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.
(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.
(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.
(i) In any judicial action for the recovery of costs, proof of the board s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the board s contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
(Amended by Stats. 2009, Ch. 140, Sec. 16. Effective January 1, 2010.)
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