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AB-827 Department of Consumer Affairs.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 827


Introduced by Assembly Member Hagman

February 21, 2013


An act to amend Section 109 of the Business and Professions Code, relating to consumer affairs.


LEGISLATIVE COUNSEL'S DIGEST


AB 827, as introduced, Hagman. Department of Consumer Affairs.
Existing law establishes the Department of Consumer Affairs, within the state government, comprised of boards and bureaus, including, but not limited to, the Dental Board of California and the Medical Board of California. Except as otherwise provided, the decisions of any of the boards comprising the department, with respect to setting standards, conducting examinations, passing candidates, and revoking licenses, are not subject to review by the Director of Consumer Affairs, but are final within the limits provided by the code provisions which are applicable to the particular board.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 109 of the Business and Professions Code is amended to read:

109.
 (a) The decisions of any of the boards comprising the department, with respect to setting standards, conducting examinations, passing candidates, and revoking licenses, are not subject to review by the director, but are final within the limits provided by this code which that are applicable to the particular board, except as provided in this section.
(b) The director may initiate an investigation of any allegations of misconduct in the preparation, administration, or scoring of an examination which that is administered by a board, or in the review of qualifications which that are a part of the licensing process of any board. A request for investigation shall be made by the director to the Division of Investigation through the chief of the division or to any law enforcement agency in the jurisdiction where the alleged misconduct occurred.
(c) The director may intervene in any matter of any a board where an investigation by the Division of Investigation discloses probable cause to believe that the conduct or activity of a board, or its members or employees constitutes a violation of criminal law.
The term “intervene,” as used in paragraph (c) of this section may include, but is not limited to, an application for a restraining order or injunctive relief as specified in Section 123.5, or a referral or request for criminal prosecution. For purposes of this section, the director shall be deemed to have standing under Section 123.5 and shall seek representation of the Attorney General, or other appropriate counsel in the event of a conflict in pursuing that action.