CHAPTER 1. The Department

Chapter 1 enacted by Stats. 1937, Ch. 399.

§§ 100–144.7 · 74 sections

§ 100 (a) There is in the state government, in the Business and Consumer Services Agency, a Department of Consumer Affairs. (b) The amendments made to this section…
§ 101 The department is comprised of the following: (a) The Dental Board of California. (b) The Medical Board of California. (c) The California State Board of…
§ 101.6 The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to…
§ 101.7 (a) Notwithstanding any other provision of law, boards shall meet at least two times each calendar year. Boards shall meet at least once each calendar year in…
§ 102 Upon the request of any board regulating, licensing, or controlling any professional or vocational occupation created by an initiative act, the Director of…
§ 102.3 (a) The director may enter into an interagency agreement with an appropriate entity within the Department of Consumer Affairs as provided for in Section 101 to…
§ 103 Each member of a board, commission, or committee created in the various chapters of Division 2 (commencing with Section 500) and Division 3 (commencing with…
§ 104 All boards or other regulatory entities within the department’s jurisdiction that the department determines to be health-related may adopt regulations to…
§ 105 Members of boards in the department shall take an oath of office as provided in the Constitution and the Government Code.
§ 105.5 Notwithstanding any other provision of this code, each member of a board, commission, examining committee, or other similarly constituted agency within the…
§ 106 The appointing authority has power to remove from office at any time any member of any board appointed by the appointing authority for continued neglect of…
§ 106.5 Notwithstanding any other provision of law, the Governor may remove from office a member of a board or other licensing entity in the department if it is shown…
§ 107 Pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution, each board may appoint a person exempt from civil service, who shall be…
§ 107.5 If any board in the department uses an official seal pursuant to any provision of this code, the seal shall contain the words “State of California” and…
§ 108 Each of the boards comprising the department exists as a separate unit, and has the functions of setting standards, holding meetings, and setting dates…
§ 108.5 In any investigation, proceeding, or hearing that any board, commission, or officer in the department is empowered to institute, conduct, or hold, any witness…
§ 109 (a) The decisions of any of the boards comprising the department with respect to setting standards, conducting examinations, passing candidates, and revoking…
§ 110 The department shall have possession and control of all records, books, papers, offices, equipment, supplies, funds, appropriations, land and other…
§ 111 Unless otherwise expressly provided, any board may, with the approval of the appointing power, appoint qualified persons, who shall be designated as…
§ 112 Notwithstanding any other provision of this code, no agency in the department, with the exception of the Board for Professional Engineers and Land Surveyors,…
§ 113 Upon recommendation of the director, officers, and employees of the department, and the officers, members, and employees of the boards, committees, and…
§ 114 (a) Notwithstanding any other provision of this code, any licensee or registrant of any board, commission, or bureau within the department whose license…
§ 114.3 (a) Notwithstanding any other law, every board, as defined in Section 22, within the department shall waive the renewal fees, continuing education…
§ 114.5 (a) Each board shall inquire in every application for licensure if the individual applying for licensure is serving in, or has previously served in, the…
§ 115 The provisions of Section 114 of this code are also applicable to a licensee or registrant whose license or registration was obtained while in the armed…
§ 115.4 (a) Notwithstanding any other law, on and after July 1, 2016, a board within the department shall expedite, and may assist, the initial licensure process for…
§ 115.5 (a) A board within the department shall expedite the licensure process and waive the licensure application fee and the initial or original license fee charged…
§ 115.6 (a) (1) Except as provided in subdivision (j), a board within the department shall, after appropriate investigation, issue a temporary license to practice a…
§ 115.8 The Department of Consumer Affairs shall compile information on military and spouse licensure into an annual report for the Legislature, which shall be…
§ 115.9 The department and each board within the department shall publish information pertinent to all licensing options available to military spouses on the home page…
§ 115.10 (a) For purposes of this section, the following definitions apply: (1) “Applicant” means a servicemember or a spouse of a servicemember. (2) “Board” means an…
§ 116 (a) The director may audit and review, upon the director’s own initiative, or upon the request of a consumer or licensee, inquiries and complaints regarding…
§ 118 (a) The withdrawal of an application for a license after it has been filed with a board in the department shall not, unless the board has consented in writing…
§ 119 Any person who does any of the following is guilty of a misdemeanor: (a) Displays or causes or permits to be displayed or has in the person’s possession either…
§ 120 (a) Subdivision (a) of Section 119 shall not apply to a surviving spouse having in the surviving spouse’s possession or displaying a deceased spouse’s canceled…
§ 121 No licensee who has complied with the provisions of this code relating to the renewal of the licensee’s license prior to expiration of such license shall be…
§ 121.5 Except as otherwise provided in this code, the application of delinquency fees or accrued and unpaid renewal fees for the renewal of expired licenses or…
§ 122 Except as otherwise provided by law, the department and each of the boards, bureaus, committees, and commissions within the department may charge a fee for the…
§ 123 It is a misdemeanor for any person to engage in any conduct which subverts or attempts to subvert any licensing examination or the administration of an…
§ 123.5 Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123, the superior…
§ 124 Notwithstanding subdivision (c) of Section 11505 of the Government Code, whenever written notice, including a notice, order, or document served pursuant to…
§ 125 Any person, licensed under Division 1 (commencing with Section 100), Division 2 (commencing with Section 500), or Division 3 (commencing with Section 5000) is…
§ 125.3 (a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before any board within the department or before the…
§ 125.5 (a) The superior court for the county in which any person has engaged or is about to engage in any act which constitutes a violation of a chapter of this code…
§ 125.6 (a) (1) With regard to an applicant, every person who holds a license under the provisions of this code is subject to disciplinary action under the…
§ 125.7 In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 2 (commencing with…
§ 125.8 In addition to the remedy provided for in Section 125.5, the superior court for the county in which any licensee licensed under Division 3 (commencing with…
§ 125.9 (a) A board, bureau, or commission within the department, the State Board of Chiropractic Examiners, and the Osteopathic Medical Board of California, may…
§ 126 Notwithstanding any other provision of this code, any board, commission, examining committee, or other similarly constituted agency within the department…
§ 127 Notwithstanding any other provision of this code, the director may require such reports from any board, commission, examining committee, or other similarly…
§ 128 Notwithstanding any other provision of law, it is a misdemeanor to sell equipment, supplies, or services to any person with knowledge that the equipment,…
§ 128.5 (a) Notwithstanding any other provision of law, if at the end of any fiscal year, an agency within the Department of Consumer Affairs, except the agencies…
§ 129 (a) As used in this section, “board” means every board, bureau, commission, committee, and similarly constituted agency in the department that issues licenses.…
§ 130 (a) Notwithstanding any other law, the term of office of any member of an agency designated in subdivision (b) shall be for a term of four years expiring on…
§ 131 Notwithstanding any other provision of law, no member of an agency designated in subdivision (b) of Section 130 or member of a board, commission, committee, or…
§ 132 No board, commission, examining committee, or any other agency within the department may institute or join any legal action against any other agency within the…
§ 134 When the term of any license issued by any agency in the department exceeds one year, initial license fees for licenses which are issued during a current…
§ 135 No agency in the department shall, on the basis of an applicant’s failure to successfully complete prior examinations, impose any additional limitations,…
§ 135.4 (a) Notwithstanding any other law, a board within the department shall expedite, and may assist, the initial licensure process for an applicant who supplies…
§ 135.5 (a) The Legislature finds and declares that it is in the best interests of the State of California to provide persons who are not lawfully present in the…
§ 136 (a) Each person holding a license, certificate, registration, permit, or other authority to engage in a profession or occupation issued by a board within the…
§ 137 Any agency within the department may promulgate regulations requiring licensees to include their license numbers in any advertising, soliciting, or other…
§ 138 Every board in the department, as defined in Section 22, shall initiate the process of adopting regulations on or before June 30, 1999, to require its…
§ 139 (a) The Legislature finds and declares that occupational analyses and examination validation studies are fundamental components of licensure programs. It is…
§ 139.5 Beginning July 1, 2021, each board, as defined in Section 22, within the department that issues a license shall do both of the following on at least a…
§ 140 Any board, as defined in Section 22, which is authorized under this code to take disciplinary action against a person who holds a license may take disciplinary…
§ 141 (a) For any licensee holding a license issued by a board under the jurisdiction of the department, a disciplinary action taken by another state, by any agency…
§ 142 This section shall apply to the bureaus and programs under the direct authority of the director, and to any board that, with the prior approval of the…
§ 143 (a) No person engaged in any business or profession for which a license is required under this code governing the department or any board, bureau, commission,…
§ 143.5 (a) No licensee who is regulated by a board, bureau, or program within the Department of Consumer Affairs, nor an entity or person acting as an authorized…
§ 144 (a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for…
§ 144.5 Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records of…
§ 144.6 (a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this…
§ 144.7 (a) For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1,…