AB 2916: Contractors: disclosure of letters of admonishment.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-13
Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Existing law requires the registrar to disclose complaints against a licensee, except those complaints resolved in favor of the licensee. Existing law requires complaints resolved by a letter of admonishment to be disclosed for a period of one year.
This bill would instead require the disclosure period for complaints resolved by a letter of admonishment to be either one year or 2 years, as specified.
Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Existing law requires the registrar to disclose complaints against a licensee, except those complaints resolved in favor of the licensee. Existing law requires complaints resolved by a letter of admonishment to be disclosed for a period of one year.
This bill would instead require the disclosure period for complaints resolved by a letter of admonishment to be either one year or 2 years, as specified.
Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Existing law requires the registrar to disclose complaints against a licensee, except those complaints resolved in favor of the licensee. Existing law requires complaints resolved by a letter of admonishment to be disclosed for a period of one year.
This bill would extend instead require the disclosure period for complaints resolved by a letter of admonishment to 2 years. be either one year or 2 years, as specified.
Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Existing law requires the board, with the approval of the Director of Consumer Affairs, to appoint a registrar of contractors to serve as the executive officer and secretary of the board. Existing law requires the registrar to disclose complaints against a licensee, except those complaints resolved in favor of the licensee. Existing law requires complaints resolved by a letter of admonishment to be disclosed for a period of one year.
This bill would extend the disclosure period for complaints resolved by a letter of admonishment to 2 years.
Existing law, the Educational Psychologist Practice Act, authorizes the Board of Behavioral Sciences to administer and enforce provisions governing the licensure and regulation of persons who practice educational psychology, as defined. Existing law requires a licensee to give written notice to the board of new, government photographic identification within 30 days of issuance. Existing law requires a licensee to certify that information is correct under penalty of perjury and to provide copies of documents evidencing the information with the written notice to the board.This bill would make a nonsubstantive change to those provisions.Existing law, the Educational Psychologist Practice Act, authorizes the Board of Behavioral Sciences to administer and enforce provisions governing the licensure and regulation of persons who practice educational psychology, as defined. Existing law requires a licensee to give written notice to the board of new, government photographic identification within 30 days of issuance. Existing law requires a licensee to certify that information is correct under penalty of perjury and to provide copies of documents evidencing the information with the written notice to the board.
This bill would make a nonsubstantive change to those provisions.
(a)The registrar shall make available to members of the public the date, nature, and status of all complaints on file against a licensee that do either of the following:
(1)Have been referred for accusation.
(2)Have been referred for investigation after a determination by board enforcement staff that a probable violation has occurred, and have been reviewed by a supervisor, and regard allegations that if proven would present a risk of harm to the public and would be appropriate for suspension or revocation of the contractors license or criminal prosecution.
(b)The board shall create a disclaimer that shall accompany the disclosure of a complaint that shall state that the complaint is an allegation. The disclaimer may also contain any other information the board determines would be relevant to a person evaluating the complaint.
(c)(1)A complaint resolved in favor of the contractor shall not be subject to disclosure.
(2)A complaint resolved by issuance of a letter of admonishment pursuant to Section 7099.9 shall not be deemed resolved in favor of the contractor for the purposes of this section. A letter of admonishment issued to a licensee shall be disclosed for a period of either one year or two years from the date of service described in subdivision (c) of Section 7099.9. For the limited purposes of this paragraph, the determination regarding the one- or two-year disclosure shall be made based on the factors enumerated in subdivision (a) of Section 7099.2.
(d)Except as described in subdivision (e), the registrar shall make available to members of the public the date, nature, and disposition of all legal actions.
(e)Disclosure of legal actions shall be limited as follows:
(1)(A)Citations shall be disclosed from the date of issuance and for five years after the date of compliance if no additional disciplinary actions have been filed against the licensee during the five-year period. If additional disciplinary actions were filed against the licensee during the five-year period, all disciplinary actions shall be disclosed for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those citations shall no longer be disclosed.
(B)Any disclosure pursuant to this paragraph shall also appear on the license record of any other license that includes a qualifier that is listed as one of the members of personnel of record of the license that was issued the citation.
(C)The disclosure described in subparagraph (B) shall be for the period of disclosure of the citation.
(2)Accusations that result in suspension, stayed suspension, or stayed revocation of the contractors license shall be disclosed from the date the accusation is filed and for seven years after the accusation has been settled, including the terms and conditions of probation if no additional disciplinary actions have been filed against the licensee during the seven-year period. If additional disciplinary actions were filed against the licensee during the seven-year period, all disciplinary actions shall be posted for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those accusations shall no longer be disclosed.
(3)All revocations that are not stayed shall be disclosed indefinitely from the effective date of the revocation.
(a)The registrar shall make available to members of the public the date, nature, and status of all complaints on file against a licensee that do either of the following:
(1)Have been referred for accusation.
(2)Have been referred for investigation after a determination by board enforcement staff that a probable violation has occurred, and have been reviewed by a supervisor, and regard allegations that if proven would present a risk of harm to the public and would be appropriate for suspension or revocation of the contractors license or criminal prosecution.
(b)The board shall create a disclaimer that shall accompany the disclosure of a complaint that shall state that the complaint is an allegation. The disclaimer may also contain any other information the board determines would be relevant to a person evaluating the complaint.
(c)(1)A complaint resolved in favor of the contractor shall not be subject to disclosure.
(2)A complaint resolved by issuance of a letter of admonishment pursuant to Section 7099.9 shall not be deemed resolved in favor of the contractor for the purposes of this section. A letter of admonishment issued to a licensee shall be disclosed for a period of either one year or two years from the date of service described in subdivision (c) of Section 7099.9. For the limited purposes of this paragraph, the determination regarding the one- or two-year disclosure shall be made based on the factors enumerated in subdivision (a) of Section 7099.2.
(d)Except as described in subdivision (e), the registrar shall make available to members of the public the date, nature, and disposition of all legal actions.
(e)Disclosure of legal actions shall be limited as follows:
(1)(A)Citations shall be disclosed from the date of issuance and for five years after the date of compliance if no additional disciplinary actions have been filed against the licensee during the five-year period. If additional disciplinary actions were filed against the licensee during the five-year period, all disciplinary actions shall be disclosed for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those citations shall no longer be disclosed.
(B)Any disclosure pursuant to this paragraph shall also appear on the license record of any other license that includes a qualifier that is listed as one of the members of personnel of record of the license that was issued the citation.
(C)The disclosure described in subparagraph (B) shall be for the period of disclosure of the citation.
(2)Accusations that result in suspension, stayed suspension, or stayed revocation of the contractors license shall be disclosed from the date the accusation is filed and for seven years after the accusation has been settled, including the terms and conditions of probation if no additional disciplinary actions have been filed against the licensee during the seven-year period. If additional disciplinary actions were filed against the licensee during the seven-year period, all disciplinary actions shall be posted for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those accusations shall no longer be disclosed.
(3)All revocations that are not stayed shall be disclosed indefinitely from the effective date of the revocation.
(a)The registrar shall make available to members of the public the date, nature, and status of all complaints on file against a licensee that do either of the following:
(1)Have been referred for accusation.
(2)Have been referred for investigation after a determination by board enforcement staff that a probable violation has occurred, and have been reviewed by a supervisor, and regard allegations that if proven would present a risk of harm to the public and would be appropriate for suspension or revocation of the contractors license or criminal prosecution.
(b)The board shall create a disclaimer that shall accompany the disclosure of a complaint that shall state that the complaint is an allegation. The disclaimer may also contain any other information the board determines would be relevant to a person evaluating the complaint.
(c)(1)A complaint resolved in favor of the contractor shall not be subject to disclosure.
(2)A complaint resolved by issuance of a letter of admonishment pursuant to Section 7099.9 shall not be deemed resolved in favor of the contractor for the purposes of this section. A letter of admonishment issued to a licensee shall be disclosed for a period of either one year or two years from the date of service described in subdivision (c) of Section 7099.9. For the limited purposes of this paragraph, the determination regarding the one- or two-year disclosure shall be made based on the factors enumerated in subdivision (a) of Section 7099.2.
(d)Except as described in subdivision (e), the registrar shall make available to members of the public the date, nature, and disposition of all legal actions.
(e)Disclosure of legal actions shall be limited as follows:
(1)(A)Citations shall be disclosed from the date of issuance and for five years after the date of compliance if no additional disciplinary actions have been filed against the licensee during the five-year period. If additional disciplinary actions were filed against the licensee during the five-year period, all disciplinary actions shall be disclosed for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those citations shall no longer be disclosed.
(B)Any disclosure pursuant to this paragraph shall also appear on the license record of any other license that includes a qualifier that is listed as one of the members of personnel of record of the license that was issued the citation.
(C)The disclosure described in subparagraph (B) shall be for the period of disclosure of the citation.
(2)Accusations that result in suspension, stayed suspension, or stayed revocation of the contractors license shall be disclosed from the date the accusation is filed and for seven years after the accusation has been settled, including the terms and conditions of probation if no additional disciplinary actions have been filed against the licensee during the seven-year period. If additional disciplinary actions were filed against the licensee during the seven-year period, all disciplinary actions shall be posted for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those accusations shall no longer be disclosed.
(3)All revocations that are not stayed shall be disclosed indefinitely from the effective date of the revocation.
(a)The registrar shall make available to members of the public the date, nature, and status of all complaints on file against a licensee that do either of the following:
(1)Have been referred for accusation.
(2)Have been referred for investigation after a determination by board enforcement staff that a probable violation has occurred, and have been reviewed by a supervisor, and regard allegations that if proven would present a risk of harm to the public and would be appropriate for suspension or revocation of the contractors license or criminal prosecution.
(b)The board shall create a disclaimer that shall accompany the disclosure of a complaint that shall state that the complaint is an allegation. The disclaimer may also contain any other information the board determines would be relevant to a person evaluating the complaint.
(c)(1)A complaint resolved in favor of the contractor shall not be subject to disclosure.
(2)A complaint resolved by issuance of a letter of admonishment pursuant to Section 7099.9 shall not be deemed resolved in favor of the contractor for the purposes of this section. A letter of admonishment issued to a licensee shall be disclosed for a period of one year two years from the date of service described in subdivision (c) of Section 7099.9.
(d)Except as described in subdivision (e), the registrar shall make available to members of the public the date, nature, and disposition of all legal actions.
(e)Disclosure of legal actions shall be limited as follows:
(1)(A)Citations shall be disclosed from the date of issuance and for five years after the date of compliance if no additional disciplinary actions have been filed against the licensee during the five-year period. If additional disciplinary actions were filed against the licensee during the five-year period, all disciplinary actions shall be disclosed for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those citations shall no longer be disclosed.
(B)Any disclosure pursuant to this paragraph shall also appear on the license record of any other license that includes a qualifier that is listed as one of the members of personnel of record of the license that was issued the citation.
(C)The disclosure described in subparagraph (B) shall be for the period of disclosure of the citation.
(2)Accusations that result in suspension, stayed suspension, or stayed revocation of the contractors license shall be disclosed from the date the accusation is filed and for seven years after the accusation has been settled, including the terms and conditions of probation if no additional disciplinary actions have been filed against the licensee during the seven-year period. If additional disciplinary actions were filed against the licensee during the seven-year period, all disciplinary actions shall be posted for as long as the most recent disciplinary action is subject to disclosure under this section. At the end of the specified time period, those accusations shall no longer be disclosed.
(3)All revocations that are not stayed shall be disclosed indefinitely from the effective date of the revocation.
SECTION 1.Section 4989.46 of the Business and Professions Code is amended to read:4989.46.A licensee shall give written notice to the board of any name change, providing both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice:(a)A current government-issued photographic identification.(b)The legal document authorizing the name change, such as a court order or a marriage certificate.A licensee shall give written notice to the board of a any name change, providing both the old and new names. The written notice shall be submitted to the board within 30 days of the issuance of a new government-issued photographic identification. The licensee shall certify the information is correct by signing a statement under penalty of perjury. A copy of both of the following documents evidencing the change shall be submitted with the notice:
(a)A current government-issued photographic identification.
(b)The legal document authorizing the name change, such as a court order or a marriage certificate.
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Date
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Status
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| Sep 13, 2022 | Chaptered by Secretary of State - Chapter 293, Statutes of 2022. |
| Sep 13, 2022 | Approved by the Governor. |
| Aug 31, 2022 | Enrolled and presented to the Governor at 9:30 p.m. |
| Aug 24, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 24, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 5099.). |
| Aug 9, 2022 | Read second time. Ordered to third reading. |
| Aug 8, 2022 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 6, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 6). Re-referred to Com. on APPR. |
| May 25, 2022 | Referred to Com. on B., P. & E.D. |
| May 12, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 12, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4655.) |
| May 5, 2022 | Read second time. Ordered to third reading. |
| May 4, 2022 | From committee: Do pass. (Ayes 14. Noes 0.) (May 4). |
| Apr 21, 2022 | Re-referred to Com. on APPR. |
| Apr 20, 2022 | Read second time and amended. |
| Apr 19, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 19. Noes 0.) (April 19). |
| Mar 28, 2022 | Re-referred to Com. on B. & P. |
| Mar 24, 2022 | Referred to Com. on B. & P. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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| Aug 24, 2022 | Assembly 3rd Reading AB2916 McCarty By Roth | Senate Floor |
Passed |
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| May 12, 2022 | AB 2916 McCarty Assembly Third Reading | Assembly Floor |
Passed |
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