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AB-1005 Professions and vocations: fines: relief.(2017-2018)

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Date Published: 05/02/2017 09:00 PM
AB1005:v97#DOCUMENT

Amended  IN  Assembly  May 02, 2017
Amended  IN  Assembly  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1005


Introduced by Assembly Member Calderon

February 16, 2017


An act to amend Section 12.5 of the Business and Professions Code, relating to professions and vocations. An act to amend Section 125.9 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 1005, as amended, Calderon. Professions and vocations: fines: relief.
Under existing law, the Department of Consumer Affairs is under the control of the Director of Consumer Affairs and is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies boards that license and regulate the practice of various professions and vocations. A violation of a regulatory act by a licensee can subject a licensee to discipline, including administrative penalties or citations, suspension, or revocation of the license. Existing law specifies that whenever any provision of law governing businesses and professions grants authority to issue a citation for a violation of a code provision, that authority also includes the authority to issue a citation for the violation of any regulation adopted pursuant to code.

This bill would authorize boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate professions and vocations, when granted the authority to issue a citation, to instead issue a fix-it ticket in lieu of a fine. The bill would specify that any person who is issued a fix-it ticket in lieu of a citation would have 30 days in which to correct the violation before being issued the fine.

Under existing law, any board within the Department of Consumer Affairs, the board created by the Chiropractic Initiative Act, and the Osteopathic Medical Board of California, is authorized to establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board where the licensee is in violation of the applicable law. Existing law requires the system, whenever appropriate, to include a provision requiring the citation to contain an order of abatement fixing a reasonable time for abatement of the violation.
This bill, except with regard to healing arts licensees, would instead require a citation containing an order to pay an administrative fine to contain an order of abatement fixing a period of no less than 30 days for abatement of the violation before the administrative fine becomes effective, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 125.9 of the Business and Professions Code is amended to read:

125.9.
 (a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), any board, bureau, or commission within the department, the board created by the Chiropractic Initiative Act, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto.
(b) The system shall contain the following provisions:
(1) Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated.
(2) Whenever Except as provided in paragraph (3), whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation.
(3) Notwithstanding paragraph (2), except with respect to healing arts licensees licensed pursuant to Division 2 (commencing with Section 500, the board created by the Chiropractic Initiative Act, and the Osteopathic Medical Board of California, a citation containing an order to pay an administrative fine shall contain the following:
(A) An order of abatement fixing a period of no less than 30 days for abatement of the violation before the administrative fine becomes effective.
(B) If the licensee successfully abates the violation within the 30-day period, the licensee shall not be responsible for payment of the administrative fine.
(C) If the licensee fails to abate the violation within the 30-day period, the licensee shall pay the administrative fine.

(3)

(4) In no event shall the administrative fine assessed by the board, bureau, or commission exceed five thousand dollars ($5,000) for each inspection or each investigation made with respect to the violation, or five thousand dollars ($5,000) for each violation or count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing a fine, the board, bureau, or commission shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations.

(4)

(5) A citation or fine assessment issued pursuant to a citation shall inform the licensee that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board, bureau, or commission within 30 days of the date of issuance of the citation or assessment. assessment or the date the administrative fine becomes effective pursuant to paragraph (3). If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(5)

(6) Failure of a licensee to pay a fine within 30 days of the date of assessment, assessment or the date the administrative fine becomes effective pursuant to paragraph (3) unless the citation is being appealed, may result in disciplinary action being taken by the board, bureau, or commission. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine.
(c) The system may contain the following provisions:
(1) A citation may be issued without the assessment of an administrative fine.
(2) Assessment of administrative fines may be limited to only particular violations of the applicable licensing act.
(d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure.
(e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the particular board, bureau, or commission.

SECTION 1.Section 12.5 of the Business and Professions Code is amended to read:
12.5.

(a)Whenever any provision of this code grants authority to issue a citation for a violation of any provision of this code, that authority also includes the authority to issue a citation for the violation of any regulation adopted pursuant to any provision of this code.

(b)The authority to issue a citation for a violation of any provision of this code also includes the authority to issue a fix-it ticket, in lieu of a fine. Any person who is issued a fix-it ticket in lieu of a citation and fine shall have 30 days in which to correct the violation before being issued the fine.