Today's Law As Amended

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SB-969 Pet groomers.(2011-2012)



SECTION 1.

 Chapter 10 (commencing with Section 122370) is added to Part 6 of Division 105 of the Health and Safety Code, to read:

CHAPTER  10. Pet Groomers
122370.
 The following definitions shall apply for purposes of this chapter:
(a) “Council” means the California Pet Grooming Council.
(b) “Pet” means any dog or cat placed in the care of a pet groomer for grooming or styling.
(c) “Pet bather or brusher” means an individual who bathes and brushes a pet for compensation.
(d) “Pet groomer” means an individual who bathes, brushes, clips, or styles a pet, trims a pet’s nails, or provides anal gland expression, for compensation.
(e) “Pet grooming” means the act of bathing, brushing, clipping, or styling a pet, trimming a pet’s nails, or providing anal gland expression.
(f) “Pet grooming facility” means a commercial establishment where a pet may be bathed, brushed, clipped, or styled.
122371.
 (a) The California Pet Grooming Council shall be created and shall be a nonprofit organization exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code and Section 23701 or Section 23701d of the Revenue and Taxation Code. The council may commence activities after submitting a request to the Internal Revenue Service and an application or determination letter or ruling to the Franchise Tax Board seeking this exemption. The council shall have the responsibilities and duties set forth in this chapter. The council may take any reasonable actions to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff and entering into contracts.
(b) (1) The council shall be composed of the following members:
(A) One member from Society for the Prevention of Cruelty to Animals (SPCA) associations, unless that entity chooses not to exercise this right of selection.
(B) One member selected by each state or nationwide pet specialty retailer that provides pet grooming services, with gross annual sales exceeding one hundred fifty million dollars ($150,000,000), unless the entity chooses not to exercise this right of selection.
(C) One member selected by the State Humane Association of California, unless that entity chooses not to exercise this right of selection.
(D) One member selected by the California Animal Control Directors Association, unless that entity chooses not to exercise this right of selection.
(E) One member selected by the National Dog Groomers Association of America, Inc., unless that entity chooses not to exercise this right of selection.
(F) Two members selected by the State Bar of California who have animal law experience and who have been nominated by a fellow animal law attorney, unless that entity chooses not to exercise this right of selection.
(G) Two members selected by the World Pet Association, unless that entity chooses not to exercise this right of selection.
(H) One member who is a licensed veterinarian selected by the California Veterinary Medical Association.
(I) One member selected by the International Professional Groomers, Inc., unless that entity chooses not to exercise this right of selection.
(J) One member selected by the Northern California Professional Groomers Association, unless that entity chooses not to exercise this right of selection.
(K) One member selected by the Southern California Professional Groomers Association, unless that entity chooses not to exercise this right of selection.
(2) The council’s bylaws shall establish a process for appointing other professional members as determined by the council, including two members who represent pet groomers who own or operate independent facilities and are not affiliated with a pet specialty retailer described in subparagraph (B) of paragraph (1) or another retailer of comparable size.
(3) The initial members of the council shall establish the council, initiate the request for tax-exempt status from the Internal Revenue Service and the Franchise Tax Board, and solicit input from the pet grooming community concerning the operations of the council. The initial members of the council, in their discretion, may immediately undertake to issue the certificates authorized by this chapter after adopting the necessary bylaws or other rules, or may establish by adoption of bylaws the permanent governing structure prior to issuing certificates.
(c) The council shall establish fees reasonably related to the cost of providing services and carrying out its ongoing responsibilities and duties. Initial and renewal fees shall not exceed forty dollars ($40) for a two-year period.
(d) The meetings of the council shall be subject to the rules of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
122372.
 (a) The council shall issue a certificate under this chapter to an applicant who satisfies the requirements of this chapter.
(b) In order to obtain certification as a pet groomer, an applicant shall submit a written application and shall provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant has successfully completed a curriculum, approved by the council, in pet grooming and related subjects, and has had hands-on experience in pet grooming, the aggregate of which shall equal at least 900 hours. The hands-on portion of that requirement shall equal at least 60 percent of the 900 hours.
(3) All fees required by the council have been paid.
(c) The council shall issue a certificate to an applicant who meets the qualifications of this chapter and who holds a current and valid registration, certification, or license from any other state whose requirements meet or exceed those defined within this chapter. The council shall have discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(d) An applicant applying for a pet bather and brusher certificate shall file with the council a written application provided by the council, showing to the satisfaction of the council that he or she meets both of the following requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant has successfully completed a curriculum, approved by the council, that incorporates appropriate assessment of student knowledge and skills, and has had training under the supervision of a certified pet bather and brusher or certified dog groomer, the aggregate of which shall equal at least 300 hours.
(e) Any certification issued under this chapter shall expire in two years unless renewed.
122373.
 (a) Notwithstanding any other law, the council may suspend or revoke a certification if it receives credible documentation that the certificate holder has been convicted of a violation of Section 597 of the Penal Code.
(b) The council shall have the ability to suspend or revoke a certificate upon evidence of gross negligence by a certificate holder.
122374.
 (a) Upon the request of any law enforcement agency, the council shall provide information concerning a certificate holder’s work addresses.
(b) The council shall accept information provided by any law enforcement agency or any other representative of a local government agency. The council shall have the responsibility to review any information received and to take any actions authorized by this chapter that are warranted by that information.
122375.
 It is a violation of this chapter for a certificate holder to commit, and the council may deny an application for a certificate or revoke or suspend a certificate for committing, any of the following:
(a) Unprofessional conduct, including, but not limited to, denial of licensure, revocation, suspension, restriction, or any other disciplinary action against a certificate holder by another state or territory of the United States, by any other government agency, or by another professional licensing board established under this division. A certified copy of the decision, order, or judgment shall be conclusive evidence of these actions.
(b) Procuring a certificate by fraud, misrepresentation, or mistake.
(c) Conviction of any felony involving animal cruelty or abuse to animals, or conviction of a misdemeanor that is substantially related to Section 597 of the Penal Code, in which event the record of the conviction shall be conclusive evidence of the crime.
(d) Committing an act of gross negligence while pets are in the certificate holder’s care.
(e) Committing any fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder.
122376.
 (a) No certificate holder or certificate applicant may be denied a certificate, or have his or her certificate suspended or revoked, pursuant to Section 122375 except according to procedures satisfying the requirements of this section. A denial or discipline not in accord with this section or subdivision (c) of Section 122373 shall be void and without effect.
(b) Any denial of a certificate to an applicant or any discipline imposed on a certificate holder shall be done in good faith and in a fair and reasonable manner. Any procedure that conforms to the requirements of subdivision (c) is fair and reasonable, but a court may also find other procedures to be fair and reasonable when the full circumstances of the certificate denial or certificate holder discipline are considered.
(c) A procedure is fair and reasonable when the procedures in subdivision (c) of Section 122373 are followed, or if all of the following apply:
(1) The procedure has been set forth in the articles or bylaws, or copies of the procedure are sent annually to all the members as required by the articles or bylaws.
(2) The procedure provides for the giving of 15 days’ prior notice of the denial or discipline and the reasons therefor.
(3) The procedure provides an opportunity for the certificate applicant or certificate holder to be heard, orally or in writing, not less than five days before the effective date of the denial or discipline by a person or body authorized to decide that the proposed denial or discipline not take place.
(d) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or certified mail sent to the last address of the certificate applicant or certificate holder shown on the council’s records.
(e) Any action challenging a certificate denial or certificate holder discipline, including any claim alleging defective notice, shall be commenced within one year after the date of the certificate denial or certificate holder discipline. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(f) This section governs only the procedures for certificate denial, suspension, or revocation and not the substantive grounds therefor. A certificate denial, suspension, or revocation based upon substantive grounds that violates contractual or other rights of the member or is otherwise unlawful is not made valid by compliance with this section.
(g) The council shall be sued only in the venue of its principal office.
122377.
 (a) The Council shall establish a board of review to review cases of gross negligence by certificate holders that come to the attention of the council.
(b) The council shall create an online registry of certificate holders to enable a consumer to determine whether his or her pet groomer or pet bather and brusher is certified.
122378.
 A certificate holder shall include the name under which he or she is certified and his or her certificate number in any and all advertising and shall display his or her certificate at his or her place of business.
122379.
 (a) Notwithstanding Section 122372, the council may grant a pet groomer or a pet bather and brusher certificate to any person who applies on or after January 1, 2013, with documentation demonstrating that the person applying for certification has performed a minimum of 900 hours of pet grooming services to members of the public for compensation in any state. For purposes of this subdivision, evidence of pet grooming services performed shall include either of the following:
(1) An employer’s affidavit containing the dates of the applicant’s employment.
(2) Tax returns indicating self-employment as a pet groomer, pet bather and brusher, or any other title that may demonstrate experience in the field of pet grooming.
(b) After reviewing the information submitted under subdivision (a), the council may require additional information necessary to enable it to determine whether to issue a certificate.
122380.
 (a) It is an unfair business practice for any person to advertise or put out any sign or card or other device, or to represent to the public through any print or electronic media, that he or she is certified, registered, or licensed by a governmental agency as a pet groomer or pet bather and brusher.
(b) It is an unfair business practice for any person to hold himself or herself out as, or use the title of, “certified pet groomer” or “certified pet brusher and bather” or to use any other term that implies or suggests that the person is certified as a pet groomer or a pet bather and brusher without meeting the requirements of this chapter.
(c) The superior court in and for the county in which any person acts as a pet groomer in violation of the provisions of this chapter may, upon a petition by any person, issue an injunction or other appropriate order restraining the conduct. The proceedings under this subdivision shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
122381.
 (a) Every application for certification shall be in writing, on forms prepared and furnished by the council.
(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and certification. It shall be verified by the oath of the applicant.
122386.
 The form and content of a certificate issued by the council shall be determined by the council.
122387.
 The council shall create a record of those certified pursuant to this chapter. The record shall include a certificate holder’s first and last name, license number, and a record of any suspension or revocation of the certificate holder’s pet grooming certification.
122388.
 Certificates issued under this chapter, unless specifically excepted, shall be issued for a two-year period and shall expire at midnight on the last day of the month of issuance by the council.
122389.
 Except as otherwise provided in this chapter, a certificate that has expired for failure of the certificate holder to renew within the time fixed by this chapter may be renewed at any time within five years following its expiration upon application and payment of all accrued and unpaid renewal fees. Renewal under this section shall be effective on the date on which the application is filed, or on the date on which the accrued renewal fees, delinquency fees, or fines are paid, if any, whichever occurs last. If so renewed, the certificate shall continue in effect through the expiration date provided in this chapter which next occurs following the effective date of the renewal, when it shall expire if it is not again renewed.
122390.
 Except as otherwise provided in this chapter, a certificate which has not been renewed within five years following its expiration shall be deemed canceled and may not be renewed, restored, reinstated, or reissued thereafter. The holder of the canceled certificate may obtain a new certificate only by submitting an application and paying all required fees as if the holder were applying for the certificate for the first time.
122391.
 A suspended certificate is subject to expiration and shall be renewed by the certificate holder as provided in this chapter, but that renewal does not entitle the certificate holder, while the certificate remains suspended and before it is reinstated, to represent himself or herself as being certified pursuant to this chapter.
122392.
 A revoked certificate is subject to expiration as provided in this chapter, but may not be renewed. If it is reinstated pursuant to an administrative or court proceeding, no fee shall be required. In all other instances, a reinstatement fee, not to exceed forty dollars ($40), may be required to receive a new certificate, as established by the council pursuant to Section 122393.
122393.
 (a) The council shall establish a schedule of fees payable under this chapter, including, but not limited to, all of the following:
(1) Initial certification fees not to exceed forty dollars ($40).
(2) Certification renewal fees not to exceed twenty dollars ($20).
(3) Reinstatement fees not to exceed forty dollars ($40).
(4) Duplicate certificate fees not to exceed twenty dollars ($20).
(b) No fee established pursuant to subdivision (a) shall be in excess of the costs to the council of administering the activity covered by that fee.
122394.
 This chapter shall remain in effect only until January 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.