SB 1243

Bill Subjects

Abstract

(1) Under existing law, the Department of Consumer Affairs is comprised of various boards, bureaus, commissions, committees, and similarly constituted agencies that license and regulate the practice of various professions and vocations. Existing law requires those agencies to hold public meetings and provide public notice of a meeting. This bill would require each of those agencies to offer a person requesting to receive notice of a meeting the option to receive that notice by regular mail, email, or both regular mail and email, and would require the agency to comply with that request. The bill would require an agency that intends to Web cast a meeting, to provide notice of intent to Web cast the meeting. (2) Existing law authorizes certain agencies within the department, upon investigation and with probable cause to believe that a person is advertising in a telephone directory with respect to the offering or performance of services, without being properly licensed by or registered with the agency, to issue a citation including an order of correction. Existing law authorizes those agencies to notify the Public Utilities Commission if a person does not comply with a final order of correction, and requires the commission to require the telephone corporation providing the telephone services to disconnect the service. This bill would apply those provisions to all agencies that comprise the department, and would delete the requirement that the advertising appear in a telephone directory. (3) Existing law imposes specified duties on the department and allows the department to levy a charge for the estimated administrative expenses in advance on a pro rata share basis against funds of an agency comprising the department. This bill would require the department to submit an annual report of the accounting of the pro rata calculation of administrative expenses to the appropriate policy committees of the Legislature, on or before July 1, 2015, and on or before July 1 of each subsequent year. The bill would require the department to conduct a one-time study of its system for prorating administrative excesses, and to include the findings of the study in the report it is required to submit on or before July 1, 2015. The bill would also require the department, if it engages a third-party consultant to assess the department's operations, to promptly, upon receipt of the consultant's final report on that assessment, submit that report to the appropriate policy committees of the Legislature including the entire study upon its completion. The bill would require the department to develop and make available training courses for employees who perform enforcement functions to develop knowledge of enforcement practices for all employees who perform enforcement functions. (4) Existing law requires an agency comprising the department to investigate a consumer accusation or compliant against a licensee and, where appropriate, the agency is authorized to impose disciplinary action against a licensee. Under existing law, an agency comprising the department may refer a compliant to the Attorney General or Office of Administrative Hearings for further action. Existing law requires the Director of Consumer Affairs to submit an annual report to the Governor and the Legislature, on or before January 1, that includes information regarding consumer complaints and the action taken on those complaints. This bill would require the director's report to include specific, detailed information regarding those complaints and actions. The bill would require the Office of Administrative Hearings to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2016, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Office of Administrative Hearings pertaining to accusations and cases relating to consumer complaints against a person whose profession or vocation is licensed by an agency comprising the department. (5) Existing law regulates the practice of veterinary medicine. Existing law, until January 1, 2016, provides for a Veterinary Medical Board within the Department of Consumer Affairs. Existing law, until January 1, 2016, authorizes the board to appoint a person exempt from civil service to be designated as an executive officer of the board, as specified. This bill would extend those provisions until January 1, 2017. (6) Existing law, beginning January 1, 2015, requires a veterinary assistant to obtain a controlled substance permit from the board in order to administer a controlled substance, and requires the board to revoke a veterinary controlled substance permit upon notification that the veterinary assistant has been convicted of a state or federal felony controlled substance violation. This bill would, instead, beginning July 1, 2015, authorize the board to deny, suspend, or revoke the controlled substance permit of a veterinary assistant after notice and hearing if the veterinary assistant has been convicted of a state or federal felony controlled substance violation. (7) Existing law regulates the practice of common interest development managers, and makes those provisions effective only until January 1, 2015. This bill would extend the effectiveness of those provisions until January 1, 2019, and subject those provisions to review by the appropriate policy committees of the Legislature. The bill would also delete an obsolete reference. (8) Existing law establishes the California Tax Education Council, a nonprofit organization, and requires the council to register and regulate tax preparers. Existing law makes those provisions effective only until January 1, 2015. This bill would extend the effectiveness of those provisions until January 1, 2019. (9) This bill would make technical, nonsubstantive, and conforming changes.