Business and Professions Code — Part 13 | BPC — United States — California law | Esheria

Business and Professions Code

Part 13 of 52 · provisions 2,401–2,600

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 19261.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5. Reports, Records, and Inspections [19258 - 19262] ( Article 5 added by Stats. 2017, Ch. 421, Sec. 8. )

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    Sections 19258 to 19260.3 apply to certain people connected to a household mover, if the bureau deems that necessary.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5. Reports, Records, and Inspections [19258 - 19262] ( Article 5 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19261. Sections 19258 to 19260.3, inclusive, shall, to the extent deemed necessary by the bureau, apply to persons having control, direct or indirect, over or persons affiliated with any household mover. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  2. 19262.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5. Reports, Records, and Inspections [19258 - 19262] ( Article 5 added by Stats. 2017, Ch. 421, Sec. 8. )

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    Household movers must file an annual sworn list of vehicles used for compensated transportation with the bureau.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5. Reports, Records, and Inspections [19258 - 19262] ( Article 5 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19262. (a) Every household mover shall furnish to the bureau annually, as specified by the bureau, a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year. The bureau shall furnish a copy of this list to the Department of the California Highway Patrol and to the household mover’s insurer, if the household mover’s accident liability protection is provided by a policy of insurance. (b) If the household mover’s insurer informs the bureau that the household mover has failed to obtain insurance coverage for any vehicle reported on the list, the bureau may, in addition to any other applicable penalty provided in this chapter, for a first occurrence, suspend the household mover’s permit, or impose a fine, or both, and for a second or subsequent occurrence may suspend or revoke the permit, or impose a fine, or both. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  3. 19265.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.3. Delivery and Claims [19265- 19265.] ( Article 5.3 added by Stats. 2017, Ch. 421, Sec. 8. )

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    Household movers cannot deny a loss-or-damage claim just because the damage was not noted at delivery, and if they require a signed delivery receipt, it must not say the goods were delivered in satisfactory condition.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.3. Delivery and Claims [19265- 19265.] ( Article 5.3 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19265. A claim against a household mover for loss or damage of goods shall not be denied solely because the lost or damaged goods were not noted at the time of delivery. Whenever a household mover requires a signed statement acknowledging delivery and receipt of goods, the statement shall not include any representation that the goods were delivered in satisfactory condition, but shall include a notice that the shipper may file a claim with the household mover for lost or damaged goods. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  4. 19266.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.4. Subhauling Agreements [19266 - 19266.2] ( Article 5.4 added by Stats. 2017, Ch. 421, Sec. 8. )

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    A household mover may not transport household goods under a subhauling agreement unless the subhauler is permitted by the bureau and follows this chapter’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.4. Subhauling Agreements [19266 - 19266.2] ( Article 5.4 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19266. A household mover shall not transport household goods under a subhauling agreement unless each of the following occurs: (a) The subhauler is permitted by the bureau to transport household goods and complies with the requirements of this chapter. (b) The household mover and subhauler are jointly and severally liable for any loss or damage caused by the subhauler. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  5. 19266.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.4. Subhauling Agreements [19266 - 19266.2] ( Article 5.4 added by Stats. 2017, Ch. 421, Sec. 8. )

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    The bureau must adopt rules and regulations it considers necessary to enforce this article.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.4. Subhauling Agreements [19266 - 19266.2] ( Article 5.4 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19266.1. The bureau shall adopt any rules and regulations it determines to be necessary to enforce the requirements of this article. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  6. 19266.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.4. Subhauling Agreements [19266 - 19266.2] ( Article 5.4 added by Stats. 2017, Ch. 421, Sec. 8. )

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    This article does not apply to a subhauling agreement if the subhauler is not otherwise subject to this chapter for related activity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.4. Subhauling Agreements [19266 - 19266.2] ( Article 5.4 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19266.2. This article does not apply to a subhauling agreement when the subhauler is not otherwise subject to this chapter for activity related to the subhauling agreement. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  7. 19267.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.5. Estimates [19267- 19267.] ( Article 5.5 added by Stats. 2017, Ch. 421, Sec. 8. )

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    The bureau must create rules for household mover estimates, and household movers must follow those rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 5.5. Estimates [19267- 19267.] ( Article 5.5 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19267. The bureau shall establish rules and regulations controlling the estimates given by a household mover to a shipper of the charges the household mover would make to perform services covered by this chapter. All household movers shall observe those rules and regulations and the failure to do so is unlawful. The bureau shall make such rules and regulations as are necessary to the application and enforcement of rules and regulations established pursuant to this section. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  8. 19268.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. )

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    This section sets the procedure for permit cases and citation hearings for household movers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19268. (a) Except as otherwise provided in this chapter, all proceedings under this chapter to deny, suspend, amend, revoke, or place on probation a permit shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) A citation or fine assessment issued pursuant to a citation shall inform the household mover that, if he or she desires a hearing to contest a finding of a violation, the hearing shall be requested by written notice to the bureau within 30 days of the date of issuance of the citation or assessment. 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. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  9. 19269.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. )

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    The bureau may ask specified public prosecutors to seek a court order to stop or prevent violations by household movers or their officers, directors, or agents.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19269. Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover is failing or omitting, or about to fail or omit, to do anything required of it by law, or by any order, decision, rule, regulation, direction, or requirement administered by the bureau, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, in violation of law or of any order, decision, rule, regulation, direction, or requirement administered by the bureau, the bureau may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to make an application to the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the corporation complained of has its principal place of business, or in which the person complained of resides for the purpose of having the violations or threatened violations stopped and prevented, either by mandamus or injunction, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the household mover’s expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle. Any action or proceeding brought pursuant to this section by the Attorney General, or a district attorney, county counsel, city attorney, or city prosecutor, as applicable, shall be brought in the name of the people of the State of California, by petition to the superior court, alleging the violation or threatened violation complained of and praying for appropriate relief by way of mandamus or injunction. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  10. 19269.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. )

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    If the bureau finds a household mover is abandoning stored goods, it may ask prosecutors to start a superior court proceeding to get a receiver or bureau staff appointed to secure and return the property.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19269.1. (a) Whenever the bureau determines that any household mover or any officer, director, or agent of any household mover has abandoned, or is abandoning, stored household goods or property of any shippers under contract with the household mover or movers, it may request the Attorney General or any district attorney, county counsel, city attorney, or city prosecutor in this state to commence a proceeding in superior court for the purpose of having the court appoint either a receiver or bureau staff to identify the stored items of property, to take possession of the property, and to arrange the return of the property to its owners in accordance with the orders of the court and with regard for the protection of all property rights involved. (b) The proceeding shall be brought in the superior court in and for the county, or city and county, in which the cause or some part of the cause arose, or in which the person or corporation complained of has its principal place of business, or in which the person complained of resides. The proceeding shall be commenced in the name of the people of the State of California, by petition to the superior court, alleging the facts and circumstances involved and praying for appropriate relief by way of mandamus or injunction, or the appointment of a receiver, and authorizing the bureau to arrange for the hiring of a receiver who shall be required to comply with the requirements of Sections 566, 567, and 568 of the Code of Civil Procedure. (c) The court may also appoint a receiver to manage the business of a household mover or movers and return property to its owner or owners upon a showing satisfactory to the court that the abandonment or threatened abandonment by the household mover jeopardizes property or funds of others in the custody or under the control of the household mover. The court may make any other order that it finds appropriate to protect and preserve those funds or that property. (d) In the event a receiver is appointed by the court and the bureau is responsible for contracting for a receiver to carry out the duties authorized by this section, the bureau may contract on an emergency basis with a qualified person or corporation to serve as receiver under the conditions and guidelines set by the court. The contract for the receiver services may be executed by the bureau on an expedited basis. The receiver shall be paid from the fees collected pursuant to this chapter. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  11. 1927.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    A registered dental hygienist in alternative practice must not claim to provide dental services or dental diagnoses beyond the dental hygiene services allowed here.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1927. A registered dental hygienist in alternative practice shall not do any of the following: (a) Infer, purport, advertise, or imply that he or she is in any way able to provide dental services or make any type of dental diagnosis beyond evaluating a patient’s dental hygiene status, providing a dental hygiene treatment plan, and providing the associated dental hygiene services. (b) Hire a registered dental hygienist to provide direct patient services other than a registered dental hygienist in alternative practice. (Amended by Stats. 2011, Ch. 350, Sec. 7. (SB 943) Effective January 1, 2012.)
  12. 19270.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. )

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    In a petition under this section, the court must set a response time for the complained-of household mover, may restrain the mover meanwhile, and must promptly examine the case if there is no answer or after an answer is filed.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 6. Proceedings [19268 - 19270] ( Article 6 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19270. Upon the filing of such a petition, the court shall specify a time, not exceeding 20 days after the service of the copy of the petition, within which the household mover complained of shall answer the petition, and in the meantime the household mover may be restrained. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances of the case. Those corporations or persons that the court deems necessary or proper to be joined as parties, in order to make its judgment, order, or writ effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that the writ of mandamus or injunction issue or be made permanent as prayed for in the petition, or in such modified or other form as will afford appropriate relief. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  13. 19271.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

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    The bureau may suspend a household mover’s operating permit if the household mover requests it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19271. The bureau may, at the request of any household mover, suspend the operating permit of the household mover for a definite time during which it is unlawful for the household mover to conduct any operations as a household mover. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  14. 19272.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

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    If a permit is suspended, the bureau must require removal of identifying symbols from vehicles operated under that permit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19272. Upon the suspension of a permit, the bureau shall require the removal from any vehicle operated under the permit of any identifying symbols that have been placed on the vehicle. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  15. 19273.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

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    After a suspension ends, the bureau must restore the permit, and the household mover must put the identifying symbols back on all vehicles.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19273. Upon the termination of the period of suspension, the bureau shall restore the permit and the household mover shall again place on all vehicles the identifying symbols removed pursuant to the suspension. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  16. 19274.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

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    A permit stays valid until suspended or terminated, but it lapses if unused for one year. The permit holder cannot sell, lease, assign, transfer, or encumber the permit without a bureau order.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19274. A permit shall remain in effect until suspended or terminated as provided in this chapter. Any permit not exercised for a period of one year, inclusive of all periods of suspension, shall lapse and terminate. A permit shall not be sold, leased, assigned, or otherwise transferred or encumbered by the holder of the permit without the holder first having secured from the bureau an order authorizing the transfer or encumbrance. The bureau shall not authorize any transfer or encumbrance of a permit except pursuant to a finding made by the bureau that the permit authorized to be transferred or encumbered has not lapsed or been terminated by nonexercise as provided in this section. Any sale, lease, assignment, or other transfer or encumbrance is void unless made in accordance with the order of the bureau authorizing it. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  17. 19274.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

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    The bureau may authorize a permit transfer only if the transferee has qualified under Section 19239.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19274.1. (a) The bureau shall only authorize a sale, lease, assignment, or other transfer of a permit to a transferee who has qualified in the manner provided by Section 19239. (b) The bureau shall prescribe the procedure relative to: (1) Assignment of permits. (2) Transfer of permits between persons, where the transfer is effected through rent, lease, or sale of the business. (3) Change in name, ownership, and address. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  18. 19275.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    The bureau may suspend, revoke, cancel, amend, or fine household mover permits in specified misconduct and conviction situations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19275. (a) The bureau may suspend the permit of any household mover after notice and an opportunity to be heard, if the household mover knowingly and willfully files a false report with the bureau. (b) The bureau may amend or revoke, in whole or in part, the permit of any household mover, upon application of the permitholder, or may suspend, change, or revoke, in whole or in part, a permit, upon complaint or on the bureau’s own initiative, after notice and an opportunity to be heard, for providing false or misleading information on an application for a permit or for failure to comply with this chapter or with any order, rule, regulation, or tariff administered by the bureau, or with any term, condition, or limitation of the permit. (c) As an alternative to the cancellation, revocation, or suspension of an operating permit or permits, the bureau may impose upon the holder of the permit or permits a fine of not more than thirty thousand dollars ($30,000). All fines collected shall be deposited into the fund. (d) The bureau may cancel, suspend, or revoke the permit of any household mover upon the conviction of the household mover of any misdemeanor under this chapter while holding operating authority issued by the bureau, or the conviction of the household mover or any of its officers of a felony while holding operating authority issued by the bureau, limited to robbery, burglary, any form of theft, any form of fraud, extortion, embezzlement, money laundering, forgery, false statements, an attempt to commit any of the offenses described in this subdivision, aiding and abetting or conspiring to commit any of the offenses described in this subdivision, or intentional dishonesty for personal gain. (e) (1) As used in this subdivision, “convicted of a prescribed felony” means a plea or verdict of guilty or a conviction following a plea of nolo contendere for any felony described in subdivision (d), or for an attempt to commit, aiding and abetting, or conspiring to commit any felony described in subdivision (d), that is committed in connection with, or arising from, a transaction for the transportation of used household goods or personal effects. (2) If a household mover is convicted of a prescribed felony, the permit of the household mover may be revoked. (3) If an officer, director, or managing agent of the household mover is convicted of a prescribed felony, the permit of the household mover may be suspended for a period of five years. If the bureau determines that the household mover did not have knowledge of, participate in, direct, aid and abet, authorize, or ratify the conduct of the person convicted and did not in any manner benefit from that conduct, the bureau may reinstate the permit on terms the bureau determines to be appropriate in the interest of justice and to ensure the protection of the public. The bureau may also extend the suspension or revoke the permit as provided in subdivision (d). (4) If an officer, director, managing agent, or employee of the household mover is convicted of a prescribed felony, the person may not be an officer, director, managing agent, or employee of, or serve in any other capacity with, a household mover. (5) It is a violation of this chapter for a household mover that knows or should know that a person has been convicted of a prescribed felony to hire, retain, or otherwise allow that person to serve as an officer, director, managing agent, or employee of, or in any other capacity with, the household mover. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  19. 19275.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    The bureau must investigate certain complaints and stop orders about household movers, can impose penalties, and may have to revoke a permit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19275.1. (a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the bureau shall investigate to determine whether the household mover has filed a false statement relative to workers’ compensation insurance coverage, in violation of statute, or of rules or orders administered by the bureau. If, after notice and an opportunity to be heard, the bureau determines that there has been a violation of statute, or of rules or orders administered by the bureau, the bureau shall impose appropriate penalties, which may include a fine and suspension of operating authority for a violation. (b) Upon receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any household mover as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the bureau shall, 30 days from the date the household mover is mailed the notice, initiate action to revoke the household mover’s permit unless the judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States. (c) Within seven days of receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any household mover as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the bureau shall furnish the household mover named in the final judgment written notice of the right to a hearing regarding the complaint and the procedure to follow to request a hearing. The notice shall state that the bureau is required to initiate revocation proceedings pursuant to subdivision (b) unless the household mover provides proof that the judgment is satisfied or has been discharged in accordance with the bankruptcy laws of the United States. The notice shall also inform the household mover of a right to a hearing and the procedures to follow to request a hearing. Proceedings under this section shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the bureau finds that an unsatisfied judgment exists concerning a debt arising under Section 3717 of the Labor Code, the bureau shall immediately revoke the household mover’s permit. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  20. 19275.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    If a household mover’s permit is recommended for suspension, the bureau must start suspension proceedings; the mover can seek reinstatement or reinspection by following specified steps and paying a $125 fee.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19275.2. (a) (1) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the permit of a household mover be suspended for any of the following, the bureau, pending a hearing in the matter pursuant to subdivision (d), shall initiate proceedings to suspend the household mover’s permit: (A) Failure to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with applicable regulations contained in Title 13 of the California Code of Regulations, if that failure is either a consistent failure or presents an imminent danger to public safety. (B) Failure to enroll all drivers in the pull-notice system as required by Section 1808.1 of the Vehicle Code. (C) Failure to submit any application or pay any fee required by subdivision (e) or (h) of Section 34501.12 of the Vehicle Code within the timeframes set forth in that section. (2) The written recommendation shall specifically indicate compliance with subdivision (c). (b) (1) A household mover whose permit is suspended pursuant to subdivision (a) may obtain a reinspection of its terminal and vehicles by the Department of the California Highway Patrol by submitting a written request for reinstatement to the bureau and paying a reinstatement fee of one hundred twenty-five dollars ($125). (2) A household mover whose permit is suspended for failure to submit any application or to pay any fee required by Section 34501.12 of the Vehicle Code shall present proof of having submitted that application or having paid that fee to the Department of the California Highway Patrol before applying for reinstatement of that permit. (3) The bureau shall deposit all reinstatement fees collected pursuant to this subdivision in the fund. The bureau shall then forward a request for reinspection to the Department of the California Highway Patrol which shall then perform a reinspection within a reasonable time or verify receipt of the application or fee, or both the application and fee. The bureau shall reinstate a household mover’s permit that is suspended under subdivision (a) promptly upon receipt of a written recommendation from the Department of the California Highway Patrol that the household mover’s safety compliance has improved to the satisfaction of that department, or that the required application or fees have been received, unless the permit is suspended for another reason or has been revoked. (c) Before transmitting a recommendation pursuant to subdivision (a) to the bureau, the Department of the California Highway Patrol shall notify the household mover in writing of all of the following: (1) That the Department of the California Highway Patrol has determined that the household mover’s safety record, or compliance with Section 1808.1 of, or subdivision (e) or (h) of Section 34501.12 of, the Vehicle Code, is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension or revocation of the household mover’s permit by the bureau. (3) That the household mover may request a review of the determination by the Department of the California Highway Patrol within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the household mover, the Department of the California Highway Patrol shall conduct and evaluate that review prior to transmitting any notification to the bureau pursuant to subdivision (a). (d) If the bureau, after a hearing, finds that a household mover has continued to operate as a household mover after its permit or permits have been suspended pursuant to subdivision (a), the bureau shall do one of the following: (1) Revoke the operating permit or permits of the household mover. (2) Impose upon the holder of the permit or permits a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each day of unlawful operations. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  21. 19276.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    A household mover may not operate while its permit is suspended or after the permit is canceled or revoked. The bureau may grant or deny a new permit in certain cases tied to a prior cancellation, revocation, or hearing finding.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 7. Suspension and Revocation of Permits [19271 - 19276] ( Article 7 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19276. After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a household mover to conduct any operations as a household mover. The bureau may either grant or deny an application for a new permit whenever it appears that a prior permit of the applicant has been canceled or revoked pursuant to Section 19275, or whenever it appears, after a hearing, that as a prior permitholder, the applicant engaged in any of the unlawful activities set forth in Section 19275 for which its permit might have been canceled or revoked. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  22. 19277.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    Violating household mover rules or permit rules can be a misdemeanor, with fines and possible jail time; willful violations and no-permit operations carry higher penalties.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19277. (a) Every household mover and every officer, director, agent, or employee of any household mover who violates or who fails to comply with, or who procures, aids, or abets any violation by any household mover of any provision of this chapter or any rule or regulation administered by the bureau pursuant to this chapter, or of any operating permit issued to any household mover, or who procures, aids, or abets any household mover in its failure to obey, observe, or comply with any such rule, regulation, or operating permit, is guilty of a misdemeanor, and is punishable by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment in the county jail for not more than three months, or both. If a violation is willful, each willful violation is punishable by a fine of not more than ten thousand dollars ($10,000) or by imprisonment in the county jail for not more than one year, or both. If the violation involves operating or holding oneself out as a household mover without a permit, the fine shall be not less than one thousand dollars ($1,000). (b) Any person who violates subdivision (a) of Section 19237, is guilty of a misdemeanor, and is punishable by a fine of not more than ten thousand dollars ($10,000), by imprisonment in the county jail for not more than one year, or both, for each violation. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  23. 19277.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    Household movers and their officers, directors, agents, and employees must not use an identifying symbol on a vehicle unless it is the bureau-prescribed symbol, and they must remove an identifying symbol when the bureau requires it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19277.1. Every household mover, and every officer, director, agent, or employee of a household mover, who displays on any vehicle any identifying symbol other than the symbol prescribed by the bureau pursuant to Section 19236 or who fails to remove an identifying symbol when required by the bureau, is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in the county jail for not more than one year, or both. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  24. 19278.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    Knowingly and willfully violating this chapter or bureau requirements, or helping a household mover do so, is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19278. Every corporation or person other than a household mover, who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, copartnership, or any other person other than a household mover, violates any provision of this chapter or fails to observe, obey, or comply with any rule, regulation, or requirement administered by the bureau pursuant to this chapter, or who procures, aids, or abets any household mover in its violation of this chapter, or in its failure to obey, observe, or comply with any such rule, regulation, or requirement, is guilty of a misdemeanor, and is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than three months, or both. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  25. 19279.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    Household movers and certain officers or employees can be cited and fined up to $500 for each offense if they violate or fail to comply with this chapter, bureau rules, or an operating permit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19279. Except as otherwise provided in this chapter, every household mover and every officer, director, agent, or employee of any household mover who violates or who fails to comply with, or who procures, aids, or abets, any violation by any household mover of any provision of this chapter, or who fails to obey, observe, or comply with any rule, regulation, or requirement administered by the bureau pursuant to this chapter, or with any operating permit issued to any household mover, or who procures, aids, or abets any household mover in its failure to obey, observe, or comply with any such rule, regulation, requirement, or operating permit, is subject to a citation and fine of not more than five hundred dollars ($500) for each offense. This section does not prohibit the bureau from seeking to deny, suspend, revoke, or place on probation an operating permit, in lieu of issuing a citation and fine. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  26. 19279.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    If the bureau finds someone is acting as a household mover without a valid permit, it may issue a citation and fine them up to $5,000 per violation, and it may also recover its reasonable investigation expenses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19279.1. Whenever the bureau finds that any person or corporation is operating as a household mover without a valid permit, or is holding itself out as such a household mover without a valid permit in contravention of Section 19279.3, the bureau may issue a citation and fine of not more than five thousand dollars ($5,000) for each violation. The bureau may assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the bureau. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  27. 19279.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    A corporation or person other than a household mover that knowingly and willfully violates this chapter or the bureau’s orders, rules, or requirements, or helps a household mover violate them, can be cited and fined up to $500 for each offense.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19279.2. Every corporation or person other than a household mover who knowingly and willfully, either individually, or acting as an officer, agent, or employee of a corporation, copartnership, or any other person other than a household mover, violates any provision of this chapter or fails to observe, obey, or comply with any order, decision, rule, regulation, direction, demand, or requirement administered by the bureau pursuant to this chapter, or who procures, aids, or abets any household mover in its violation of this chapter, or in its failure to obey, observe, or comply with any such order, decision, rule, regulation, direction, demand, or requirement, is subject to a citation and fine of not more than five hundred dollars ($500) for each offense. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  28. 19279.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    A corporation or person may not knowingly and willfully advertise or hold itself out as a household mover without a valid permit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19279.3. Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the corporation or person is in operation as a household mover without having a valid permit issued under this chapter is guilty of a misdemeanor punishable by a fine of not more than two thousand five hundred dollars ($2,500). (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  29. 1928.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A registered dental hygienist in alternative practice may submit, or allow someone else to submit, insurance or third-party claims for authorized patient services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1928. A registered dental hygienist in alternative practice may submit or allow to be submitted any insurance or third-party claims for patient services performed as authorized pursuant to this article. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  30. 19280.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    A household mover that falsifies permit status, association membership, or location can be cited and fined up to $2,500 per day of violation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19280. Every household mover that falsifies permit status, membership in an association, or location is subject to a citation and fine of not more than two thousand five hundred dollars ($2,500) per day that the household mover is in violation of this section. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  31. 19281.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    Violating this chapter or bureau-administered orders or requirements is a separate offense, and each day of a continuing violation is a separate offense too.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19281. Every violation of the provisions of this chapter or of any order, decision, decree, rule, regulation, direction, demand, or requirement administered by the bureau pursuant to this chapter by any household mover, any corporation, or any person is a separate and distinct offense, and in case of a continuing violation, each day’s continuance thereof is a separate and distinct offense. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  32. 19282.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    Remedies and penalties under this chapter are cumulative, and using one remedy or penalty does not prevent others from being recovered or pursued.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19282. All remedies and penalties accruing under this chapter are cumulative to each other and to the remedies and penalties available under any other law, and a suit for the recovery of one remedy or penalty does not bar or affect the recovery of any other remedy, penalty, or forfeiture or bar any criminal prosecution against any person or corporation, or any officer, director, agent, or employee thereof, or any other corporation or person. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  33. 19283.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    If fines owed to the bureau are not paid on time, the bureau may deny permit renewal or suspend, revoke, or place the permit on probation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19283. Fines not paid to the bureau within the specified time period for a violation of this chapter or any order, decision, rule, regulation, direction, demand, tariff, or requirement administered by the bureau pursuant to this chapter shall be cause to deny the renewal of a permit or to suspend, revoke, or place it on probation. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  34. 19283.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    This section gives the bureau and certain law enforcement and prosecutors authority to enforce household movers laws, and lets designated bureau investigators issue a written notice to appear, but they have no arrest power.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19283.1. (a) The bureau shall ensure that this chapter is enforced and obeyed, and that violations thereof are promptly prosecuted and that moneys due to the state are recovered and collected. (b) For purposes of this section, “peace officer” means a person designated as a peace officer pursuant to Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (c) A peace officer may enforce and assist in the enforcement of Sections 19277 and 19278, resulting from a violation of Section 19236, 19237, 19244, or 19276, or more than one of those sections. A peace officer may additionally enforce and assist in the enforcement of Sections 19277.1 and 19279.3. In any case in which an arrest authorized by this subdivision is made for an offense declared to be a misdemeanor, and the person arrested does not demand to be taken before a magistrate, the arresting peace officer may, instead of taking the person before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority. (d) The bureau shall coordinate enforcement of this section with those peace officers likely to be involved in enforcing this section, including undertaking both of the following: (1) Educational outreach to promote awareness among those peace officers about the requirements of Sections 19236, 19237, 19244, 19276, 19277, 19277.1, 19278, and 19279.3. (2) Establishing lines of communication so that the bureau is notified if an action is commenced to enforce the requirements of those sections specified in subdivision (c), so that the bureau may take appropriate action to enforce the citation and fine provisions of this article. (e) The Attorney General, a district attorney of the proper county or city and county, or a city attorney may institute and prosecute actions or proceedings for the violation of any law committed in connection with, or arising from, a transaction involving the transportation of household goods and personal effects. (f) Notwithstanding any other law, a person employed as a special investigator or supervising special investigator by the bureau and designated by the director shall have the authority to issue a written notice to appear in court pursuant to Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code for a violation of a provision for which a peace officer may enforce or assist in the enforcement pursuant to subdivision (c). An employee so designated is not a peace officer, is not entitled to safety member retirement benefits as a result of the designation, and does not have the power of arrest. (Amended by Stats. 2019, Ch. 210, Sec. 1. (SB 391) Effective January 1, 2020.)
  35. 19283.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    The bureau must pay all fines it recovers under this chapter, plus the related costs, into the fund.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19283.2. All fines recovered by the bureau pursuant to this chapter, together with the costs thereof, shall be paid into the fund. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  36. 19284.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    If a written notice to appear is mailed to the owner of a household mover motor vehicle, a filed duplicate can serve as a complaint and the defendant may plead guilty; if the defendant does not appear, does not post bail, or does not plead guilty, a complaint must be filed, though the defendant may waive a verified complaint in writing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 8. Fines and Penalties [19277 - 19284] ( Article 8 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19284. (a) Whenever a written notice to appear has been mailed to the owner of a household mover motor vehicle, an exact and legible duplicate copy of the notice, when filed with the magistrate in lieu of a verified complaint, is a complaint to which the defendant may plead guilty. (b) If, however, the defendant fails to appear, does not deposit bail, or pleads other than guilty to the offense charged, a complaint shall be filed that conforms to Chapter 2 (commencing with Section 948) of Title 5 of Part 2 of the Penal Code and which shall be deemed to be an original complaint, and thereafter the proceeding shall be held as provided by law, except that the defendant may, by an agreement in writing, subscribed by the defendant and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  37. 19285.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    This article may be cited as the Household Movers Uniform Business Permit Fee Act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19285. This article may be cited as the Household Movers Uniform Business Permit Fee Act. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  38. 19286.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    This section says an adequate transportation system is essential to the state’s welfare and that household movers are an important part of that system.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19286. An adequate transportation system is essential to the welfare of the state, and an important part of that system is service rendered by household movers. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  39. 19287.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    Local governments may not charge excise or license fees or taxes on covered intercity transportation business after this article’s effective date.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19287. On and after the effective date of this article, a city, county, or a city and county shall not assess, levy, or collect an excise or license fee or tax of any kind, character, or description whatever upon the intercity transportation business conducted on or after the effective date of this article, by any household movers, or person or corporation, owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the bureau. For purposes of this article, intercity transportation business includes every service performed in the connection with transportation of property by transportation companies where both the origin point and the destination point of the transported property are not within the exterior boundaries of a single city or city and county. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  40. 19288.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    Household movers and certain property-for-hire vehicle operators must pay a bureau permit fee, set at 0.1% of gross operating revenue until the bureau adopts a different fee schedule.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19288. (a) On and after the effective date of this article, there is imposed upon every household mover, and every person or corporation, owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the bureau, a permit fee that shall be paid to the bureau. (b) (1) On or before January 1, 2023, the bureau shall engage in public workshops and a formal rulemaking pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, for the purpose of adopting and implementing a fee schedule that may increase or decrease the fees set forth in this chapter, or may impose alternate fees from the fees set forth in this chapter, provided that any alternate fees shall not exceed the reasonable costs of regulation for purposes of this chapter. The fees adopted by the bureau may include application fees, permit fees, reinstatement fees, delinquency fees, transfer fees, and other fees, as determined by the bureau. The fees adopted by the bureau pursuant to this paragraph shall supersede the fees otherwise set forth in this chapter, and upon the adoption of fees by the bureau pursuant to this paragraph, the fees prescribed in this chapter shall have no effect. (2) Until the adoption of fees by the bureau pursuant to paragraph (1), every household mover, and every person or corporation, owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the bureau, shall pay to the bureau a permit fee equal to one-tenth of 1 percent of gross operating revenue, which shall be payable to the bureau in the manner and at the times provided for the payment of the fee provided in Section 5003.1 of the Public Utilities Code. For purposes of this paragraph, “gross operating revenue” shall be the gross operating revenue defined in Section 5002 of the Public Utilities Code. It is the intent of the Legislature that the fee imposed by this paragraph will be equivalent to the fee imposed pursuant to Section 5328 of the Public Utilities Code as of June 30, 2018. (c) The fees imposed by this section are in lieu of all city, county, or city and county excise or license fees or taxes of any kind, character, or description whatever, upon the intercity transportation business of any household mover, and every person or corporation owning or operating motor vehicles in the transportation of property for hire upon the public highways, under the jurisdiction of the bureau. (d) This section does not prohibit the imposition by a city, county, or city and county, of any excise or license tax authorized under Division 2 (commencing with Section 6001) of the Revenue and Taxation Code. (e) The Public Utilities Commission shall enter into a no-cost memorandum of understanding with the department for the purpose of providing the department with access to the Public Utilities Commission’s database relating to household goods carriers. The Public Utilities Commission shall supply the department with the information and data that the department requests relating to household goods carriers. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  41. 19288.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    Until the bureau adopts fees under Section 19288, every household mover must pay the fees set out in Public Utilities Code Sections 5003.1 and 5003.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19288.1. Until the adoption of fees by the bureau pursuant to Section 19288, every household mover shall pay to the bureau the fees required pursuant to, and in the manner specified in, Sections 5003.1 and 5003.2 of the Public Utilities Code. It is the intent of the Legislature that the fees imposed by this section shall be equivalent to the fees collected by the Public Utilities Commission, and imposed pursuant to Sections 5003.1 and 5003.2 of the Public Utilities Code, as of September 1, 2017. The fees to be paid by household movers as specified in this section are in addition to the fee specified in paragraph (2) of subdivision (b) of Section 19288. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  42. 19288.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    If a household mover is 30 days or more behind on required fees, the bureau may suspend or revoke the permit and must calculate the unpaid fee and a penalty. The penalty is 25% of the unpaid amount, but at least $1. A mover may also get a reasonable extension by written application showing necessity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19288.2. (a) If a household mover is in default on the payment of the fees prescribed by this chapter for a period of 30 days or more, the bureau may suspend or revoke the household mover’s permit. The bureau shall estimate from all available information the gross operating revenue of that household mover, compute the fee for which the household mover is in default, and impose a penalty of 25 percent of that amount for failure, neglect, or refusal to report. In no event shall the amount of the penalty be less than one dollar ($1). Upon payment of the estimated fee and the penalty, the permit shall be reinstated. (b) The bureau may grant a reasonable extension of the 30-day period to any household mover, upon written application of the household mover and showing of the necessity for the extension. (c) Upon the revocation of any permit issued to a household mover subject to this chapter, all fees provided for by this chapter shall become due and payable immediately. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  43. 19289.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    If a check for fees submitted to the bureau is returned unpaid, the person must pay later required fees by cashier’s check or money order, and may also be charged an additional processing fee set by the bureau.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19289. (a) Any person who submits to the bureau a check for fees that is returned unpaid shall pay all subsequent required fees by cashier’s check or money order. (b) Any person who submits to the bureau a check for fees that is returned unpaid shall be assessed an additional processing fee as determined by the bureau. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  44. 1929.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A registered dental hygienist in alternative practice may hire other registered dental hygienists in alternative practice, and may hire and supervise dental assistants doing intraoral retraction and suctioning.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1929. (a) A registered dental hygienist in alternative practice may hire other registered dental hygienists in alternative practice to assist in his or her practice. (b) A registered dental hygienist in alternative practice may hire and supervise dental assistants performing intraoral retraction and suctioning. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  45. 19290.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    Permits expire after two years. A permittee must renew before expiration by applying on the prescribed form and paying the required fees; late renewal can trigger added fees, and renewal is barred after two years.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19290. (a) Permits issued under this chapter expire two years from the date of issuance. To renew a permit, a permittee shall, on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the chief, and continue to pay the fees prescribed in Sections 19288 and 19288.1. Notwithstanding Section 163.5, if a permittee fails to renew the permit before its expiration, a delinquency fee of 20 percent of the most recent fee paid to the bureau pursuant to Sections 19288 and 19288.1 shall be added to the amount due to the bureau at the next fee interval. If the renewal fee and delinquency fee are not paid within 90 days after expiration of a permit, the permittee shall be assessed an additional fee of 30 percent of the most recent fee paid to the bureau pursuant to Sections 19288 and 19288.1. (b) Except as otherwise provided in this chapter, a permittee may renew an expired permit within two years after expiration of the permit by filing an application for renewal on a form prescribed by the bureau, and paying all accrued fees. (c) A permit that is not renewed within two years of its expiration shall not be renewed, restored, reinstated, or reissued, but the holder of the expired permit may apply for and obtain a new permit as provided in this chapter, upon payment of all fees that accrued since the date the permit was last renewed. (d) The bureau may impose conditions on any permit issued pursuant to subdivision (c). (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  46. 19292.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    Bureau staff may inspect and examine certain business records under the bureau’s order or direction. If a permittee refuses an inspection, that refusal can lead to suspension or revocation of the permit.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19292. The employees, representatives, auditors, and inspectors of the bureau may, under its order or direction, inspect and examine any books, accounts, records, memoranda, documents, papers, and correspondence kept by any person, corporation, or person having direct or indirect control over a person or corporation subject to this chapter. A permittee’s failure to allow an inspection pursuant to this section is grounds for suspension or revocation of the permit. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  47. 19293.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. )

    Verify source ↗

    The bureau may adopt rules and regulations it considers necessary to carry out this article, and this section does not block certain local excise or license taxes authorized under Division 2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 9. Household Movers Uniform Business Permit Fee Act [19285 - 19293] ( Heading of Article 9 amended by Stats. 2018, Ch. 92, Sec. 16. ) ## 19293. (a) The bureau may establish rules and regulations as it deems necessary to carry out this article. (b) This section does not prohibit the imposition by any city, county, or city and county of any excise or license tax authorized under Division 2 (commencing with Section 6001). (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  48. 19294.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 10. Operative Date [19294- 19294.] ( Article 10 added by Stats. 2017, Ch. 421, Sec. 8. )

    Verify source ↗

    This chapter becomes operative on July 1, 2018.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 3.1. Household Movers Act [19225 - 19294] ( Chapter 3.1 added by Stats. 2017, Ch. 421, Sec. 8. ) ## ARTICLE 10. Operative Date [19294- 19294.] ( Article 10 added by Stats. 2017, Ch. 421, Sec. 8. ) ## 19294. This chapter shall become operative on July 1, 2018. (Added by Stats. 2017, Ch. 421, Sec. 8. (SB 19) Effective January 1, 2018.)
  49. 1930.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A registered dental hygienist in alternative practice must give the dental hygiene board proof of an existing relationship with at least one dentist for referrals, consultation, and emergency services.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1930. A registered dental hygienist in alternative practice shall provide to the dental hygiene board documentation of an existing relationship with at least one dentist for referral, consultation, and emergency services. (Amended by Stats. 2019, Ch. 456, Sec. 24. (SB 786) Effective January 1, 2020.)
  50. 1931.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    Dental hygienists in alternative practice may start providing services without a written exam verification, but verification is required if services continue 18 months or more after the first patient-service date. A registered dental hygienist in alternative practice may provide dental hygiene services only when the patient presents a written prescription, and that prescription cannot run longer than two years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1931. (a) (1) A dental hygienist in alternative practice may provide services to a patient without obtaining written verification that the patient has been examined by a dentist or physician and surgeon licensed to practice in this state. (2) If the dental hygienist in alternative practice provides services to a patient 18 months or more after the first date that the person provides services to a patient, the person shall obtain written verification that the patient has been examined by a dentist or physician and surgeon licensed to practice in this state. The verification shall include a prescription for dental hygiene services as described in subdivision (b). (b) A registered dental hygienist in alternative practice may provide dental hygiene services for a patient who presents to the registered dental hygienist in alternative practice a written prescription for dental hygiene services issued by a dentist or physician and surgeon licensed to practice in this state. The prescription shall be valid for a time period based on the dentist’s or physician and surgeon’s professional judgment, but not to exceed two years from the date it was issued. (c) (1) The dental hygiene board may seek to obtain an injunction against any registered dental hygienist in alternative practice who provides services pursuant to this section, if the dental hygiene board has reasonable cause to believe that the services are being provided to a patient who has not received a prescription for those services from a dentist or physician and surgeon licensed to practice in this state. (2) Providing services pursuant to this section without obtaining a prescription in accordance with subdivision (b) shall constitute unprofessional conduct on the part of the registered dental hygienist in alternative practice, and reason for the dental hygiene board to revoke or suspend the license of the registered dental hygienist in alternative practice pursuant to Section 1947. (Amended by Stats. 2019, Ch. 456, Sec. 25. (SB 786) Effective January 1, 2020.)
  51. 1932.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board may issue a probationary license and attach additional conditions; the license term is three years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1932. (a) The dental hygiene board may, in its sole discretion, issue a probationary license to an applicant who has satisfied all requirements for licensure as a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions. The dental hygiene board may require, as a term or condition of issuing the probationary license, that the applicant comply with certain additional requirements, including, but not limited to, the following: (1) Successfully completing a professional competency examination. (2) Submitting to a medical or psychological evaluation. (3) Submitting to continuing medical or psychological treatment. (4) Abstaining from the use of alcohol or drugs. (5) Submitting to random fluid testing for alcohol or controlled substance abuse. (6) Submitting to continuing participation in a dental hygiene board-approved rehabilitation program. (7) Restricting the type or circumstances of practice. (8) Submitting to continuing education and coursework. (9) Complying with requirements regarding notifying the dental hygiene board of any change of employer or employment. (10) Complying with probation monitoring. (11) Complying with all laws and regulations governing the practice of dental hygiene. (12) Limiting the applicant’s practice to a supervised, structured environment in which the applicant’s activities are supervised by a specified person. (b) The term of a probationary license is three years. During the term of the license, the licensee may petition the dental hygiene board for a modification of a term or condition of the license or for the issuance of a license that is not probationary. (c) The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the dental hygiene board shall have all the powers granted in that chapter. (Amended by Stats. 2019, Ch. 456, Sec. 26. (SB 786) Effective January 1, 2020.)
  52. 1933.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A licensee can get a substitute license if they request it, pay the required fee, and provide an affidavit or declaration showing the license certificate was lost or destroyed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1933. A licensee shall be issued a substitute license upon request and payment of the required fee. The request shall be accompanied by an affidavit or declaration containing satisfactory evidence of the loss or destruction of the license certificate. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  53. 1934.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A licensee must notify the dental hygiene board within 30 days after changing a physical address of record or email address, and must provide documentation within 10 days after changing a legal name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1934. A licensee who changes their physical address of record or email address shall notify the dental hygiene board within 30 days of the change. A licensee who changes their legal name shall provide the dental hygiene board with documentation of the change within 10 days. (Amended by Stats. 2019, Ch. 456, Sec. 27. (SB 786) Effective January 1, 2020.)
  54. 1935.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A dental hygiene license expires if it is not renewed, and the licensee must apply for renewal and pay the renewal fee before the license would otherwise expire.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1935. If not renewed, a license issued under the provisions of this article, unless specifically excepted, expires at 12 midnight on the last day of the month of the legal birth date of the licensee during the second year of a two-year term. To renew an unexpired license, the licensee shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the dental hygiene board and pay the renewal fee prescribed by this article. (Amended by Stats. 2019, Ch. 456, Sec. 28. (SB 786) Effective January 1, 2020.)
  55. 1936.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    An expired dental hygienist license may be renewed within five years, using the board’s form and paying required renewal and delinquency fees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1936. Except as otherwise provided in this article, an expired license may be renewed at any time within five years after its expiration by filing an application for renewal on a form prescribed by the dental hygiene board and payment of all accrued renewal and delinquency fees. If the license is renewed after its expiration, the licensee, as a condition precedent of renewal, shall also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect until the expiration date provided in Section 1935 that next occurs after the effective date of the renewal. (Amended by Stats. 2019, Ch. 456, Sec. 29. (SB 786) Effective January 1, 2020.)
  56. 1936.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board sets license-renewal continuing education rules, can require assurances and approved coursework, and may suspend licenses for noncompliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1936.1. (a) The dental hygiene board shall require, as a condition of license renewal, that licensees submit assurances satisfactory to the dental hygiene board that they had, during the preceding two-year period, informed themselves of the developments in the practice of dental hygiene occurring since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the dental hygiene board, or by other means deemed equivalent by the dental hygiene board. The dental hygiene board shall adopt, amend, and revoke regulations providing for the suspension of the licenses at the end of the two-year period until compliance with the assurances provided for in this section is accomplished. The dental hygiene board shall conduct random audits of at least 5 percent of the licensee population each year to ensure compliance of the continuing education requirement. (b) The dental hygiene board shall also, as a condition of license renewal, require licensees to successfully complete a portion of the required continuing education hours in specific areas adopted in regulations by the dental hygiene board. The dental hygiene board may prescribe this mandatory coursework within the general areas of patient care, health and safety, and law and ethics. The mandatory coursework prescribed by the dental hygiene board shall not exceed 10 hours per renewal period. Any mandatory coursework required by the dental hygiene board shall be credited toward the continuing education requirements established by the dental hygiene board pursuant to subdivision (a). (c) The providers of courses referred to in this section shall be approved by the dental hygiene board. Providers approved by the dental board shall be deemed approved by the dental hygiene board. (Amended by Stats. 2023, Ch. 677, Sec. 4. (AB 1257) Effective January 1, 2024.)
  57. 1937.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A suspended license can expire and must be renewed under this article, but renewal does not let the licensee do the licensed work while the license is still suspended and until it is reinstated.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1937. A suspended license is subject to expiration and shall be renewed as provided in this article. The renewal does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in the licensed activity or in any other activity or conduct in violation of the order or judgment by which the license was suspended. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  58. 1938.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A revoked license can expire under this article, cannot be renewed, and if it is reinstated after expiration the licensee must pay a reinstatement fee and any delinquency fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1938. A revoked license is subject to expiration as provided in this article. A revoked license may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated and the delinquency fee, if any, accrued at the time of its revocation. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  59. 1939.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A license not renewed within five years after expiration cannot be renewed, restored, reinstated, or reissued. The holder may instead apply for a new license if they meet the requirements for a new applicant.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1939. A license that is not renewed within five years after its expiration may not be renewed, restored, reinstated, or reissued. The holder of the license may apply for and obtain a new license upon meeting all of the requirements of a new applicant prescribed in this article. (Added by Stats. 2008, Ch. 31, Sec. 47. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  60. 1940.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    A licensee seeking inactive status or restoration to active status must file an application with the dental hygiene board; restoration also requires proof of required continuing education completed within the last two years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1940. (a) A licensee who desires an inactive license shall submit an application to the dental hygiene board on a form provided by the dental hygiene board. (b) In order to restore an inactive license to active status, the licensee shall submit an application to the dental hygiene board on a form provided by the dental hygiene board, accompanied by evidence that the licensee has completed the required number of hours of approved continuing education in compliance with this article within the last two years preceding the date of the application. (c) The holder of an inactive license shall continue to pay to the dental hygiene board the required biennial renewal fee. (d) Within 30 days of receiving a request either to restore an inactive license or to inactivate a license, the dental hygiene board shall inform the applicant in writing whether the application is complete and accepted for filing or is deficient and, if so, the specific information required to complete the application. (Amended by Stats. 2019, Ch. 456, Sec. 31. (SB 786) Effective January 1, 2020.)
  61. 19400.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This chapter is called the Horse Racing Law and may be cited by that name.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19400. This chapter shall be known and may be cited as the “Horse Racing Law.” (Amended by Stats. 1998, Ch. 335, Sec. 1. Effective January 1, 1999.)
  62. 19401.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section says the chapter’s purpose is to allow parimutuel wagering on horse races while protecting the public, supporting agriculture and horse breeding, expanding racing opportunities, and keeping regulation uniform.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19401. The intent of this chapter is to allow parimutuel wagering on horse races, while: (a) Assuring protection of the public. (b) Encouraging agriculture and the breeding of horses in this state. (c) Providing for maximum expansion of horse racing opportunities in the public interest. (d) Providing uniformity of regulation for each type of horse racing. (Amended by Stats. 2010, Ch. 272, Sec. 1. (AB 2792) Effective January 1, 2011.)
  63. 19402.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section says the definitions in this article control how this chapter is read, unless the context requires otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19402. Except where the context otherwise requires, the definitions set forth in this article govern the construction of this chapter. (Added by Stats. 1959, Ch. 1828.)
  64. 19403.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Association” means any person engaged in conducting a recognized horse race meeting.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19403. “Association” means any person engaged in the conduct of a recognized horse race meeting. (Added by Stats. 1959, Ch. 1828.)
  65. 19403.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “barrel race” as a horse race run around three barrels placed in a triangular pattern.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19403.5. “Barrel race” means a horse race around a course with three barrels placed in a triangular pattern which may conform to the requirements of the Women’s Professional Rodeo Association. Two barrel racecourses may be run simultaneously in the form of a heat. (Amended by Stats. 2002, Ch. 234, Sec. 1. Effective January 1, 2003.)
  66. 19404.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “Board” as the California Horse Racing Board within the Business and Consumer Services Agency.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19404. (a) “Board” means the California Horse Racing Board within the Business and Consumer Services Agency. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 4. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  67. 19405.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “breakage” as the odd cents on a wager that make the payable amount exceed a multiple of ten cents.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19405. “Breakage” means the odd cents by which the amount payable on each dollar wagered exceeds a multiple of ten cents ($0.10). (Amended by Stats. 2000, Ch. 1082, Sec. 2. Effective January 1, 2001.)
  68. 19406.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines several kinds of California-bred and California-sired horses, and limits California-sired horses to certain races while denying breeder and owner awards.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19406. (a) A “California-bred horse” is a foal dropped by a mare in California after being conceived in California and remaining in California until the foal is weaned. (b) A “California-bred thoroughbred” is a horse dropped by a mare in California after being conceived in California, or any thoroughbred horse dropped by a mare in California if the mare remains in California to be next bred to a thoroughbred stallion standing in California. If the mare cannot be bred for two successive breeding seasons but remains in California during that period, her foal shall be considered to be a California-bred thoroughbred. (c) A “California-bred quarter horse” is a quarter horse foal conceived in California by a stallion standing in California at the time of conception. (d) A “California-bred standardbred horse” is a standardbred foal conceived by a stallion registered with the California Standardbred Sires Stakes Program. (e) A “California-bred Appaloosa horse” is a horse dropped by a mare in California after being conceived in California, or any Appaloosa horse dropped by a mare in California if the mare remains in California to be next bred to an Appaloosa stallion standing in California. If the mare cannot be bred for two successive breeding seasons but remains in California during that period, her foal shall be considered to be a California-bred Appaloosa horse. (f) A “California-bred paint horse” is a registered paint horse foal conceived in California by a stallion standing in California at the time of the conception, or by a registered paint horse stallion. (g) A “California-sired horse” is a thoroughbred that was conceived in California by a registered California stallion. A California-sired horse is only eligible for entry in races restricted to California-bred or California-sired horses and is not eligible for any breeder or owner awards. (Amended by Stats. 2011, Ch. 98, Sec. 1. (AB 280) Effective January 1, 2012.)
  69. 19407.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Charity days” means racing days given to a licensed racing association to help fund charitable organizations, and they count as part of a regular race meeting.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19407. “Charity days” means racing days granted to a licensed racing association for the purpose of contributing net proceeds from such days to charitable organizations. Charity days are part of a regular race meeting and do not constitute a separate meeting. (Added by Stats. 1959, Ch. 1828.)
  70. 19407.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “Executive director” as the Executive Director of the California Horse Racing Board.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19407.5. “Executive director” means the Executive Director of the California Horse Racing Board. (Amended by Stats. 2000, Ch. 1082, Sec. 3. Effective January 1, 2001.)
  71. 19407.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “foaling date” as the date a horse is dropped by a mare, as stated on the registration papers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19407.6. “Foaling date” means the date the horse is dropped by a mare as stated on the papers of registration. (Added by Stats. 1994, Ch. 617, Sec. 1. Effective January 1, 1995.)
  72. 19408.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “Fund” to mean the Fair and Exposition Fund.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19408. “Fund” means the Fair and Exposition Fund. (Added by Stats. 1959, Ch. 1828.)
  73. 19408.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Graded stake” is defined as an international classification for major thoroughbred stakes races established in each country by its thoroughbred racing regulatory body.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19408.1. “Graded stake” means an international classification for major thoroughbred stakes races established in each country by its thoroughbred racing regulatory body. (Added by Stats. 1980, Ch. 1043, Sec. 3.)
  74. 19408.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A “claiming race” is a race where entered horses may be claimed under the board’s rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19408.2. “Claiming race” means a race in which any horse entered therein may be claimed in conformity with the rules established by the board. (Added by Stats. 1980, Ch. 1043, Sec. 3.1.)
  75. 19408.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “stakes race.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19408.3. “Stakes race” means a race for which owners of horses entered or engaged for the race contribute to a purse for which money or any other prize may be added, nominations to which close 72 hours or more before starting; or an invitational race or invitational handicap race for which owners do not conribute to the purse, but which is advertised in the regular stakes program. (Added by Stats. 1980, Ch. 1043, Sec. 3.2.)
  76. 19409.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “standardbred horse,” including certain foreign horses, and says the same definition also applies to “harness horse.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19409. A “standardbred horse” is any horse (including mare, gelding, colt and filly) that meets the requirements of and is registered by the United States Trotting Association, including foreign horses meeting the requirements of the United States Trotting Association. For the purposes of this section, this definition shall also apply to the term “harness horse.” (Added by Stats. 1977, Ch. 1080.)
  77. 19409.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “harness horse racing” as horseracing where standardbred horses are harnessed to a sulky or similar vehicle and race at the trotting or pacing gait.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19409.5. “Harness horse racing” is that form of horseracing in which “standardbred horses” as defined in Section 19409 are harnessed to a sulky or similar vehicle, and are raced at either the trotting or pacing gait. (Amended by Stats. 1981, Ch. 714, Sec. 41.)
  78. 1941.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board may approve or renew approval for RDH educational programs only if they maintain a high-quality standard of instruction and, when appropriate, meet CODA or equivalent standards. New RDH programs must first submit a feasibility study and apply to the board before seeking initial accreditation approval.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1941. (a) The dental hygiene board shall grant or renew approval of only those educational programs for RDHs that continuously maintain a high-quality standard of instruction and, where appropriate, meet the minimum standards set by the Commission on Dental Accreditation of the American Dental Association or an equivalent body, as determined by the dental hygiene board. (b) A new educational program for RDHs shall submit a feasibility study demonstrating a need for a new educational program and shall apply for approval from the dental hygiene board before seeking any required approval for initial accreditation from the Commission on Dental Accreditation of the American Dental Association or an equivalent body, as determined by the dental hygiene board. The dental hygiene board may approve, provisionally approve, or deny approval of a new educational program for RDHs. (c) For purposes of this section, a new or existing educational program for RDHs means a program provided by a college or institution of higher education that is accredited by a regional accrediting agency recognized by the United States Department of Education and that has as its primary purpose providing college level courses leading to an associate or higher degree, that is either affiliated with or conducted by a dental school approved by the dental board, or that is accredited to offer college level or college parallel programs by the Commission on Dental Accreditation of the American Dental Association or an equivalent body, as determined by the dental hygiene board. (d) For purposes of this section, “RDHs” means registered dental hygienists, registered dental hygienists in alternative practice, or registered dental hygienists in extended functions. (Amended by Stats. 2021, Ch. 491, Sec. 5. (SB 534) Effective January 1, 2022.)
  79. 1941.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board must renew approval of certain dental hygienist educational programs when they certify continued compliance, and it may inspect programs and issue citations, fines, and abatement orders for violations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1941.5. (a) The dental hygiene board shall renew approval of educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions that certify to the dental hygiene board on a form prescribed by the dental hygiene board that the program continues to meet the requirements prescribed by the dental hygiene board. (b) The dental hygiene board may conduct periodic surveys, evaluations, and announced and unannounced site visits to existing and new educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions to ensure continued compliance of educational program requirements and Commission on Dental Accreditation standards for continued approval. (c) An existing or new educational program for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions that is found to be noncompliant with the educational program requirements and Commission on Dental Accreditation standards may be placed on probation with terms, issued a citation and fine, or have its approval withdrawn if compliance is not met within reasonable specified timelines. (d) The dental hygiene board, or through an authorized representative, may issue a citation containing fines and orders of abatement for any approved educational program for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions for any violation of this section or the regulations adopted pursuant to this section. (Amended by Stats. 2019, Ch. 456, Sec. 33. (SB 786) Effective January 1, 2020.)
  80. 19410.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Inclosure” means the areas and locations on a racing association’s or fair’s grounds that are designated by the association or fair, if it is licensed to conduct a live racing meeting and the board approves the designation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19410. “Inclosure” means all areas of the racing association’s or fair’s grounds and locations, as designated by the racing association or fair licensed to conduct a live racing meeting and approved by the board. (Amended by Stats. 2007, Ch. 594, Sec. 2. Effective January 1, 2008.)
  81. 19410.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “inclosure–restricted” and “inclosure–public.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19410.5. (a) The “inclosure–restricted” is that part of the inclosure that is enclosed by a wall, fence, or other physical barrier, where admission is obtained only upon the presentation of authorized credentials. (b) The “inclosure–public” means all other areas of the inclosure designated by a racing association, fair, or simulcast wagering facility and approved by the board to which the public is admitted for the purpose of wagering on horseraces. (Repealed and added by Stats. 1993, Ch. 308, Sec. 3. Effective August 26, 1993.)
  82. 19410.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A “minisatellite wagering site” is a place where satellite wagering may occur only with board approval and in an area restricted to people 21 or older.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19410.7. “Minisatellite wagering site” means a location where satellite wagering may be conducted, with the approval of the board, provided that the wagering occurs in an area that is restricted to those who are 21 years of age or older. (Added by Stats. 2007, Ch. 594, Sec. 3. Effective January 1, 2008.)
  83. 19410.8.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “show jumping race.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19410.8. “Show jumping race” means a horse race, over obstacles made of artificial or natural material, which is shorter than a steeplechase course, and is run by horses for time with faults converted to time. Requirements and rules for a show jumping race may conform to the requirements and rules of the American Horse Shows Association. (Amended by Stats. 2002, Ch. 234, Sec. 2. Effective January 1, 2003.)
  84. 19411.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “parimutuel wagering” for horse races.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19411. “Parimutuel wagering” is a form of wagering in which bettors either purchase tickets of various denominations, or issue wagering instructions leading to the placement of wagers, on the outcome of one or more horse races. The association distributes the total wagers comprising each pool, less the amounts retained for purposes specified in this chapter, to winning bettors based on the official race results. (Amended (as amended by Stats. 2001, Ch. 198, Sec. 1) by Stats. 2007, Ch. 613, Sec. 1. Effective January 1, 2008.)
  85. 19411.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “handle” as the aggregate contributions to parimutuel pools.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19411.1. “Handle” means the aggregate contributions to parimutuel pools. (Added by Stats. 2005, Ch. 505, Sec. 1. Effective January 1, 2006.)
  86. 19412.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines three kinds of parimutuel pools: conventional, exotic, and proposition pools.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19412. (a) “Conventional parimutuel pool” means the total wagers under the parimutuel system on any horse or horses in a particular race to win, place, or show. (b) “Exotic parimutuel pool” means the total wagers under the parimutuel system on the finishing position of two or more horses in a particular race, such as quinella or exacta wagers, or on horses to win two or more races, such as daily double wagers, pick six wagers, or on other wagers approved by the board. (c) “Proposition parimutuel pool” means the total wagers under the parimutuel system on propositions approved by the board that are based on the results of a live thoroughbred horse, quarter horse, or harness horse race or races. (Amended by Stats. 2014, Ch. 50, Sec. 1. (SB 721) Effective June 25, 2014.)
  87. 19413.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Person” includes individuals, partnerships, corporations, limited liability companies, and other associations or organizations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19413. “Person” includes any individual, partnership, corporation, limited liability company, or other association or organization. (Amended by Stats. 1994, Ch. 1010, Sec. 24. Effective January 1, 1995.)
  88. 19413.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “prohibited drug substance” for horse racing as certain drugs, medications, chemicals, and related substances that are foreign to the horse and not expressly authorized by the board.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19413.1. “Prohibited drug substance” is any drug substance, medication, or chemical, whether natural or synthetic, or a metabolite or analogue thereof, foreign to the horse, whose use is not expressly authorized by the board. This includes, but is not limited to, any substance determined to be a stimulant, depressant, local anesthetic, or narcotic, or any drug, regardless of how harmless or innocuous it might otherwise be, which could interfere with the detection of any prohibited drug. “Prohibited drug substance” includes any substance not approved for use in the United States, including, but not limited to, any drug or substance available in a country outside the United States, any controlled substance listed in Part 1308 of Title 21 of the Code of Federal Regulations, and any substance the approval of which has been withdrawn. (Added by Stats. 1994, Ch. 208, Sec. 1. Effective January 1, 1995.)
  89. 19413.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Standardbred breeder” means the owner of the dam of a standardbred foal when the foal was conceived.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19413.2. “Standardbred breeder” means the owner of the dam of a standardbred foal at the time the foal was conceived. (Amended by Stats. 1983, Ch. 595, Sec. 2.)
  90. 19413.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “registered California standardbred stallion.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19413.4. “Registered California standardbred stallion” means a stallion that is registered with the United States Trotting Association and listed in the official California Standardbred Stallions Registry maintained by the California Horse Racing Board or its designee as provided for in Section 19566.6. (Added by Stats. 1976, Ch. 1148.)
  91. 19413.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A “quarter horse” is any horse, including mare, gelding, colt, and filly, that meets the American Quarter Horse Association’s requirements and is registered by it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19413.5. “Quarter horse” is any horse (including mare, gelding, colt and filly) that meets the requirements of and is registered by the American Quarter Horse Association. (Added by Stats. 1967, Ch. 682.)
  92. 19414.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Quarter horse racing” means horse races run by jockeys on quarter horses over distances of no more than five and one-half furlongs.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19414. “Quarter horse racing” means that form of horse racing in which the participating horses are “quarter horses,” as defined in Section 19413.5, and are ridden by jockeys in races over distances of not more than five and one-half furlongs. (Amended by Stats. 2000, Ch. 1082, Sec. 8. Effective January 1, 2001.)
  93. 19414.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “racing days” and “racing weeks” and lets the board authorize shorter racing schedules in some situations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19414.5. (a) “Racing days” are days on which a licensed racing association or fair is authorized by the board to conduct horse racing. (b) “Racing weeks” are seven consecutive days during which a licensed racing association or fair is authorized by the board to conduct horse racing for a minimum of five racing days. The board, however, upon joint petition of the association or fair and the organization representing horsemen participating in the meeting of that association or fair, may authorize the conduct of horse racing for less than five racing days. Fractional racing weeks of four days or less may be authorized by the board at the beginning and end of any horse racing meeting. Fractional weeks may also be authorized during weeks containing holidays and during periods of overlap with thoroughbred meetings and fairs if the total number of weeks authorized by the board in any calendar year for each breed does not exceed the maximum annual allocation of racing weeks provided for in Article 6 (commencing with Section 19530). If a licensed racing association holds a split meeting, each part of the split meeting shall be deemed a horse racing meeting solely for the purposes of authorizing fractional racing weeks. (Amended by Stats. 2000, Ch. 1082, Sec. 9. Effective January 1, 2001.)
  94. 19415.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “split meeting” and “short period” for horse racing meetings.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19415.5. “Split meeting” means a meeting having two periods of racing separated by at least 45 days, one period which is no more than 18 consecutive weeks in length and the other period which is no less than four consecutive weeks in length. The “short period” of a split meeting is the period of lesser duration. (Amended by Stats. 1991, Ch. 555, Sec. 1. Effective October 7, 1991.)
  95. 19415.8.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “steeplechase race” and says it includes horse racing over natural or artificial obstacles, including hurdle and timber races.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19415.8. “Steeplechase race” means horse racing over obstacles made of natural or artificial material and includes both hurdle and timber races. Rules for a steeplechase race may conform to rules of the National Steeplechase and Hunt Association. (Amended by Stats. 2002, Ch. 234, Sec. 3. Effective January 1, 2003.)
  96. 19416.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “thoroughbred horse” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19416. “Thoroughbred horse” is any horse (including mare, gelding, colt and filly) that meets the requirements of and is registered by the Jockey Club of New York, including racing permits issued to foreign thoroughbred horses. (Added by Stats. 1959, Ch. 1828.)
  97. 19416.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Appaloosa horse” means a horse, including mare, gelding, colt, and filly, that meets the Appaloosa Horse Club’s requirements and is registered and approved by that club.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19416.5. “Appaloosa horse” is any horse (including mare, gelding, colt and filly) that meets the requirements of and is registered by the Appaloosa Horse Club and approved by the Appaloosa Horse Club. (Amended by Stats. 2000, Ch. 1082, Sec. 11. Effective January 1, 2001.)
  98. 19416.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “Arabian horse” as a horse, including mare, gelding, colt, and filly, that meets the requirements of and is registered by the Arabian Horse Registry of America, Inc.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19416.6. “Arabian horse” is any horse (including mare, gelding, colt, and filly) that meets the requirements of and is registered by the Arabian Horse Registry of America, Inc. (Added by Stats. 2000, Ch. 1082, Sec. 12. Effective January 1, 2001.)
  99. 19416.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Paint horse” means a horse that meets American Paint Horse Association requirements and is registered by that association.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19416.7. “Paint horse” is any horse, including mare, gelding, colt, and filly, that meets the requirements of and is registered by the American Paint Horse Association. (Added by Stats. 1980, Ch. 1277, Sec. 1.)
  100. 19417.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “thoroughbred racing” as horse racing where each horse is a thoroughbred, ridden by a jockey, and raced on the flat, but not steeplechase or hurdle races.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19417. “Thoroughbred racing” is the form of horse racing in which each participating horse is a “thoroughbred” (as herein defined), is mounted by a jockey and engages in races on the flat but does not include a steeplechase or hurdle race. (Added by Stats. 1959, Ch. 1828.)
  101. 19417.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    “Appaloosa racing” means horse racing where every horse is an Appaloosa, is ridden by a jockey, and races on the flat over a distance between one-quarter mile and four miles.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19417.5. “Appaloosa racing” is the form of horse racing in which each participating horse is an Appaloosa horse, is mounted by a jockey, and engages in races on the flat over a distance of not less than one-quarter of a mile or more than four miles. (Amended by Stats. 2000, Ch. 1082, Sec. 13. Effective January 1, 2001.)
  102. 19417.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “Arabian racing” as flat horse racing with Arabian horses, ridden by a jockey, over a distance between one-quarter mile and four miles.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19417.6. “Arabian racing” is the form of horse racing in which each participating horse is an Arabian horse, is mounted by a jockey and engages in races on the flat over a distance of not less than one-quarter of a mile or more than four miles. (Repealed and added by Stats. 2000, Ch. 1082, Sec. 15. Effective January 1, 2001.)
  103. 19417.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “paint racing” as horse racing where each horse is a paint horse, ridden by a jockey, and raced on the flat over a distance between 220 yards and four miles.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19417.7. “Paint racing” is the form of horse racing in which each participating horse is a paint horse, is mounted by a jockey and engages in races on the flat over a distance of not less than 220 yards or more than four miles. (Amended by Stats. 2000, Ch. 1082, Sec. 16. Effective January 1, 2001.)
  104. 19418.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    This section defines “fair” or “state-designated fairground,” and allows certain annual-fair operators to elect membership in the network of California fairs if terms are mutually agreed with the Department of Food and Agriculture.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19418. (a) “Fair” or “state-designated fairground” for purposes of this chapter means the California Exposition and State Fair in the City of Sacramento, an organization described in subdivision (b) or (c), and those fairs specified in Sections 3102, 3103, and 3104 of the Food and Agricultural Code that are engaged now or in the future as associations in the conduct of a recognized horse racing meeting or otherwise participate in horse racing activities licensed or approved by the board. (b) A nonprofit organization that holds an annual fair pursuant to Section 4163 of the Food and Agricultural Code may elect to be a member of the network of California fairs on terms and conditions mutually agreed upon by the Department of Food and Agriculture and the nonprofit organization. (c) A joint powers agency that holds an annual fair pursuant to Section 4171 of the Food and Agricultural Code may elect to be a member of the network of California fairs on terms and conditions mutually agreed upon by the Department of Food and Agriculture and the joint powers agency. (Repealed and added by Stats. 2024, Ch. 559, Sec. 2. (AB 2143) Effective January 1, 2025.)
  105. 19419.9.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Provisions in this chapter that are substantially the same as existing code provisions on the same subject are treated as restatements and continuations, not as new enactments.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 1. General Provisions and Definitions [19400 - 19419.9] ( Article 1 added by Stats. 1959, Ch. 1828. ) ## 19419.9. The provisions of this chapter insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof, and not as new enactments. (Added by renumbering Section 19418 by Stats. 1990, Ch. 1577, Sec. 1.)
  106. 1942.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    An approved dental hygiene educational program must register an extramural dental facility with the dental hygiene board and submit specified supporting information.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1942. (a) As used in this article, “extramural dental facility” means any clinical facility that has contracted with an approved dental hygiene educational program for instruction in dental hygiene, that exists outside or beyond the walls, boundaries, or precincts of the primary campus of the approved program, and in which dental hygiene services are rendered. (b) An approved dental hygiene educational program shall register an extramural dental facility with the dental hygiene board. That registration shall be accompanied by information supplied by the dental hygiene program pertaining to faculty supervision, scope of treatment to be rendered, name and location of the facility, date on which the operation will commence, discipline of which the instruction is a part, and a brief description of the equipment and facilities available. The foregoing information shall be supplemented by a copy of the agreement between the approved dental hygiene educational program or parent university, and the affiliated institution establishing the contractual relationship. Any change in the information initially provided to the dental hygiene board shall be communicated to the dental hygiene board. (Amended by Stats. 2019, Ch. 456, Sec. 34. (SB 786) Effective January 1, 2020.)
  107. 19420.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The California Horse Racing Board has jurisdiction and supervision over horse-racing meetings with wagering in this state, and over related persons and things involved in operating those meetings.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19420. Jurisdiction and supervision over meetings in this State where horse races with wagering on their results are held or conducted, and over all persons or things having to do with the operation of such meetings, is vested in the California Horse Racing Board. (Repealed and added by Stats. 1959, Ch. 1828.)
  108. 19421.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board has seven members appointed by the Governor, each serving a four-year term. Vacancies are filled by the Governor for the remainder of the term.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19421. The board consists of seven members, appointed by the Governor. Each member shall hold office for a term of four years, commencing at the expiration of the previous term. The term of the members of the board in office on January 1, 1959, shall expire as follows: one member July 26, 1959, one member July 26, 1960, and one member July 26, 1961. The terms shall expire in the same relative order as to each member as the term for which he holds office on January 1, 1959. The term of the members appointed pursuant to amendments made to this section during the 1977–1978 legislative session shall expire as follows: one on January 1, 1979 and one on January 1, 1982. The term of the members appointed pursuant to amendments made to this section during the 1979–80 Regular Session of the Legislature shall expire as follows: one on January 1, 1982, and one on January 1, 1984. Any vacancy shall be filled by the Governor for the unexpired term. Each member shall be eligible for reappointment in the discretion of the Governor. (Amended by Stats. 1980, Ch. 1043, Sec. 7.2.)
  109. 19422.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A board member must have lived in this State for two years before appointment.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19422. Each member of the board shall have been a resident of this State for two years next preceding his appointment. (Repealed and added by Stats. 1959, Ch. 1828.)
  110. 19423.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A person is disqualified from board membership if the person, spouse, or dependent child has certain financial interests or management positions in horse racing businesses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19423. A person is disqualified from membership on the board if the person, the person’s spouse or any dependent child thereof: (a) Holds a financial interest in any horse racing track. (b) Holds a financial interest or position of management with any business entity which conducts parimutuel horse racing. (c) Holds a financial interest in a management or concession contract with any business entity which conducts parimutuel horse racing. (Amended by Stats. 2000, Ch. 1082, Sec. 18. Effective January 1, 2001.)
  111. 19424.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A board member is not disqualified from receiving a share of a purse from a horse race if the member gets it as an owner or as a breeder of a California-bred horse.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19424. No board member is disqualified from receiving a share of any purse awarded him as the result of any horse race as an owner of a horse or as a breeder of a California-bred horse. (Repealed and added by Stats. 1959, Ch. 1828.)
  112. 19424.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The section says appointments of horsemen and horsewomen to the board are intended to represent horse owners and breeders and serve the public interest.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19424.5. In order to permit the full participation of horsemen and horsewomen who may be appointed to the board, the Legislature declares that the appointment of such persons is intended to represent and further the interests of horse owners and breeders pursuant to Section 19401, and that such representation and furtherance will ultimately serve the public interest. Accordingly the Legislature finds racehorse owners and breeders are tantamount to and constitute the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 2000, Ch. 1082, Sec. 19. Effective January 1, 2001.)
  113. 19425.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Board members get a $100 per diem for attending scheduled meetings and may be reimbursed for necessary travel and other official expenses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19425. The members of the board shall receive a per diem of one hundred dollars ($100) for each day spent in attendance at meetings scheduled by the chairperson of the board for the purpose of fulfilling the duties of the board pursuant to this chapter, and shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties. Notwithstanding any other provision of law, any member of the board who is also a member of, and is entitled to receive the benefits from, the Legislators’ Retirement System may elect to forego the compensation provided by this section and, if the compensation is foregone, the member shall not have his or her retirement benefits reduced and shall not be required to be reinstated into the retirement system. (Amended by Stats. 1985, Ch. 942, Sec. 1.)
  114. 19426.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The Governor may remove a board member for incompetence, neglect of duty, or corruption, but must first give the member a copy of the charges and an opportunity to be heard.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19426. The Governor may remove any board member for incompetence, neglect of duty or corruption upon first giving him a copy of the charges against him and an opportunity to be heard. (Amended by Stats. 1977, Ch. 1080.)
  115. 19427.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must appoint employees needed to carry out this chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19427. The board shall appoint such employees as may be necessary to carry out the provisions of this chapter. (Repealed and added by Stats. 1959, Ch. 1828.)
  116. 19428.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must appoint an executive director. The executive director serves as the board’s executive officer and must carry out duties set by law and by the board. The executive director receives an annual salary set by the board and approved by the Department of Human Resources.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19428. The board shall appoint an executive director who shall receive the annual salary established by the board and approved by the Department of Human Resources. The executive director shall be the board’s executive officer and shall carry out and execute the duties as specified by law and by the board. (Amended by Stats. 2012, Ch. 665, Sec. 4. (SB 1308) Effective January 1, 2013.)
  117. 19429.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A person can be disqualified from employment by the board if the person, spouse, or dependent child has certain financial interests or management roles tied to horse racing businesses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19429. A person is disqualified from employment by the board if the person, the person’s spouse, or any dependent child thereof: (a) Holds a financial interest in a horserace track. (b) Holds a financial interest or position of management with an entity that conducts parimutuel horseracing. (c) Holds a financial interest in a management or concession contract with a business entity that conducts parimutuel horseracing. (Amended by Stats. 1977, Ch. 1080.)
  118. 1943.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board may deny an exam application for certain dental hygienist licenses before licensure for listed reasons.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1943. (a) The dental hygiene board may deny an application to take an examination for licensure as a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions at any time prior to licensure for any of the following reasons: (1) The applicant committed an act that is a ground for license suspension or revocation under this code or that is a ground for the denial of licensure under Section 480. (2) The applicant committed or aided and abetted the commission of any act for which a license is required under this chapter. (3) Another state or territory suspended or revoked the license that it had issued to the applicant on a ground that constitutes a basis in this state for the suspension or revocation of licensure under this article. (b) The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the dental hygiene board shall have all of the powers granted therein. (Amended by Stats. 2019, Ch. 456, Sec. 35. (SB 786) Effective January 1, 2020.)
  119. 19430.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The Treasurer must pay specified board salaries, per diem, and travel and other necessary expenses every month, using appropriated funds and only with the Controller’s warrant and the board chairperson’s certification.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19430. The salaries of the executive director, and other employees of the board, the per diem allowance of members of the board, and the necessary traveling and other expenses of the executive director and members of the board, shall be paid monthly by the Treasurer on the warrant of the Controller and the certification of the chairperson of the board out of the money appropriated for that purpose. (Amended by Stats. 2000, Ch. 1082, Sec. 21. Effective January 1, 2001.)
  120. 19431.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must keep its main office in Sacramento, make votes public, and ensure at least four members concur for official action; it may also open branch offices and hold meetings elsewhere in the state when that better serves the public.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19431. (a) The board shall establish and maintain a general office for the transaction of its business in Sacramento. The board may establish any branch office for the transaction of its business at a place to be determined by it, and may hold meetings at any other place within the state when the interests of the public may be better served. (b) A public record of every vote shall be maintained at the board’s general office and posted on the board’s internet website. (c) At least four members of the board shall concur in the taking of any official action or in the exercise of any of the board’s duties, powers, or functions. (Amended by Stats. 2021, Ch. 536, Sec. 1. (AB 1587) Effective January 1, 2022.)
  121. 19431.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must publish weekly on its website all racehorse fatalities related to racing or training that occur within a licensed inclosure.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19431.5. The board shall publish, on a weekly basis on its internet website, all racehorse fatalities related to racing or training that occur within a licensed inclosure. (Added by Stats. 2020, Ch. 252, Sec. 2. (SB 800) Effective January 1, 2021.)
  122. 19432.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The executive director must keep the board’s proceedings records, preserve the board’s books and papers at the general office, prepare notices and papers for service when required by the board, and do other duties the board prescribes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19432. The executive director shall keep a full and true record of all proceedings of the board, preserve at the board’s general office all books, documents, and papers of the board, prepare for service such notices and other papers as may be required of him or her by the board, and perform such other duties as the board may prescribe. (Amended by Stats. 2000, Ch. 1082, Sec. 22. Effective January 1, 2001.)
  123. 19433.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may inspect a licensee’s business locations and place accountants or other needed persons there to check compliance with its rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19433. The board may visit, investigate, and place expert accountants and such other persons as it may deem necessary in the office, track, or other place of business of any licensee for the purpose of satisfying itself that its rules and regulations are strictly complied with. (Repealed and added by Stats. 1959, Ch. 1828.)
  124. 19434.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may require licensed persons to keep books and financial or other statements in whatever manner the board considers best.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19434. The board may require that the books and financial or other statements of any person licensed under this chapter shall be kept in any manner which to the board may seem best. (Repealed and added by Stats. 1959, Ch. 1828.)
  125. 19435.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board, its executive director, or the stewards may issue subpoenas for witnesses or records and may administer oaths or affirmations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19435. The board, its executive director, or the stewards, may issue subpoenas for the attendance of witnesses or the production of any records, books, memoranda, documents, or other papers or things, as is necessary to enable any of them to effectually discharge their duties, and may administer oaths or affirmations as necessary in connection therewith. (Amended by Stats. 2000, Ch. 1082, Sec. 23. Effective January 1, 2001.)
  126. 19436.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A subpoenaed person must appear at the specified time and place, bring the listed papers or things, and testify or produce records or things when required; otherwise the person commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19436. Any person subpoenaed who fails to appear at the time and place specified in answer to the subpoena and to bring any papers or things specified in the subpoena, or who upon such appearance, refuses to testify, or produce such records or things, is guilty of a misdemeanor. (Repealed and added by Stats. 1963, Ch. 1835.)
  127. 19437.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A person must not give false testimony under oath in proceedings or investigations before the board, its executive director, or the stewards.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19437. Any person who testifies falsely under oath in any proceeding before, or any investigation by the board, its executive director, or the stewards, is guilty of a felony and shall be punished in the same manner prescribed by the Penal Code for the punishment of perjury. (Amended by Stats. 2000, Ch. 1082, Sec. 24. Effective January 1, 2001.)
  128. 19438.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Civil process in actions against the executive director or the board, and subpoenas for board records, must be served on the executive director or a designated representative at the board’s headquarters in Sacramento.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19438. All civil process in actions brought against the executive director or the board and all subpoenas for the production of board records shall be served upon the executive director or their designated representative at the board’s headquarters in Sacramento. (Added by Stats. 2024, Ch. 354, Sec. 1. (AB 1768) Effective January 1, 2025.)
  129. 19439.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may require a certification under penalty of perjury instead of an affidavit, and a person who willfully signs a materially false certificate commits a felony.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19439. In lieu of requiring an affidavit or other sworn statement in any application or other paper or document required to be filed with it, the board may require a certification thereof under the penalty of perjury, in such form as the board may prescribe. Any person who willfully makes and subscribes any such certificate which is materially false in any particular is guilty of a felony, and shall be punished in the manner prescribed by the Penal Code for the punishment of perjury. (Repealed and added by Stats. 1959, Ch. 1828.)
  130. 1944.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board must set licensing-related fees by resolution, and those fees cannot exceed specified limits.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1944. (a) The dental hygiene board shall establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice, and a registered dental hygienist in extended functions. The fees established by dental hygiene board resolution in effect on June 30, 2009, as they relate to the licensure of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions, shall remain in effect until modified by the dental hygiene board. The fees are subject to the following limitations: (1) The application fee shall not exceed one hundred dollars ($100). (2) The initial licensure fee shall not exceed one hundred fifty dollars ($150). (3) The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination. (4) The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination. (5) The fee for examination for licensure as a registered dental hygienist in alternative practice shall not exceed the actual cost of administering the examination. (6) The biennial renewal fee shall not exceed five hundred dollars ($500). (7) The delinquency fee shall not exceed one-half of the renewal fee. Any delinquent license may be restored only upon payment of all fees, including the delinquency fee, and compliance with all other applicable requirements of this article. (8) The fee for issuance of a duplicate license to replace one that is lost or destroyed, or in the event of a name change, shall not exceed twenty-five dollars ($25) or one-half of the renewal fee, whichever is greater. (9) The fee for certification of licensure shall not exceed one-half of the renewal fee. (10) The fee for each curriculum review and feasibility study review for educational programs for dental hygienists who are not accredited by a dental hygiene board-approved agency shall not exceed two thousand one hundred dollars ($2,100). (11) The fee for each review or approval of course requirements for licensure or procedures that require additional training shall not exceed seven hundred fifty dollars ($750). (12) The initial application and biennial fee for a provider of continuing education shall not exceed five hundred dollars ($500). (13) The amount of fees payable in connection with permits issued under Section 1962 is as follows: (A) The initial permit fee is an amount equal to the renewal fee for the applicant’s license to practice dental hygiene in effect on the last regular renewal date before the date on which the permit is issued. (B) If the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued. (14) The fee for the dental hygiene board to conduct a site visit to educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions to ensure compliance of educational program requirements shall not exceed the actual cost incurred by the dental hygiene board for cost recovery of site visit expenditures. (15) The fee for a retired license shall not exceed one-half of the current license renewal fee. (b) The renewal and delinquency fees shall be fixed by the dental hygiene board by resolution at not more than the current amount of the renewal fee for a license to practice under this article nor less than five dollars ($5). (c) Fees fixed by the dental hygiene board by resolution pursuant to this section shall not be subject to the approval of the Office of Administrative Law. (d) Fees collected pursuant to this section shall be collected by the dental hygiene board and deposited into the State Dental Hygiene Fund, which is hereby created. All money in this fund, upon appropriation by the Legislature in the annual Budget Act, shall be used to implement this article. (e) No fees or charges other than those listed in this section shall be levied by the dental hygiene board in connection with the licensure of registered dental hygienists, registered dental hygienists in alternative practice, or registered dental hygienists in extended functions. (f) The fee for registration of an extramural dental facility shall not exceed two hundred fifty dollars ($250). (g) The fee for registration of a mobile dental hygiene unit shall not exceed one hundred fifty dollars ($150). (h) The biennial renewal fee for a mobile dental hygiene unit shall not exceed two hundred fifty dollars ($250). (i) The fee for an additional office permit shall not exceed two hundred fifty dollars ($250). (j) The biennial renewal fee for an additional office as described in Section 1926.4 shall not exceed two hundred fifty dollars ($250). (k) The initial application and biennial special permit fee is an amount equal to the biennial renewal fee specified in paragraph (7) of subdivision (a). (l) The fees in this section shall not exceed an amount sufficient to cover the reasonable regulatory cost of carrying out this article. (Amended by Stats. 2025, Ch. 592, Sec. 9. (SB 861) Effective January 1, 2026.)
  131. 19440.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board has broad powers to run and enforce horse racing laws, and it may delegate necessary powers and duties to stewards.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19440. (a) The board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the board shall include, but not be limited to, all of the following: (1) Adopting rules and regulations that protect and advance the health, safety, welfare, and aftercare of racehorses. (2) Adopting rules and regulations for the protection of the public and the control of horse racing and parimutuel wagering. (3) Administration and enforcement of all laws, rules, and regulations affecting horse racing and parimutuel wagering. (4) Adjudication of controversies arising from the enforcement of those laws and regulations dealing with horse racing and parimutuel wagering. (5) Licensing of each racing association and all persons, other than the public at large, who participate in a horse racing meeting with parimutuel wagering. (6) Allocation of racing dates to qualified associations in accordance with law. (b) The board may delegate to stewards appointed pursuant to Article 5 (commencing with Section 19510) any of its powers and duties that are necessary to carry out fully and effectuate the purposes of this chapter. (Amended by Stats. 2020, Ch. 251, Sec. 1. (AB 1974) Effective January 1, 2021.)
  132. 19440.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may make agreements to help enforce horse racing antidoping and safety programs, may collect and remit related fees, and may extend the federal act to other breeds.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19440.1. (a) (1) Notwithstanding any other law, the board may enter into agreements with the authority and any other private, state, or federal entity that is responsible for administering the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.) for the purpose of providing services consistent with the enforcement of the horseracing antidoping and medication control program and the racetrack safety program, as authorized by Section 3054(e)(2) of Title 15 of the United States Code. (2) Upon entering into an agreement pursuant to paragraph (1), the board’s employees and contractors are authorized to provide all services contracted for under the agreement, including, but not limited to, representation in any administrative adjudicative enforcement proceeding, and general enforcement of the authority’s horseracing antidoping and medication control program and racetrack safety program. (3) An agreement entered into pursuant to paragraph (1) shall not be subject to state contracting laws or Department of General Services review or approval. (b) On behalf of the authority, the board may collect and remit fees assessed by the authority to fund California’s proportionate share of the authority’s horseracing antidoping and medication control program and racetrack safety program, as authorized by Section 3052(f) of Title 15 of the United States Code. If the board elects to collect and remit fees on behalf of the authority, the board shall allocate, assess, and collect the fees assessed by the authority from those associations and fairs subject to the authority’s jurisdiction in either of the following manners: (1) From the remaining market access fees addressed by paragraph (5) of subdivision (f) of Section 19604, pursuant to the process described in subparagraph (E) of that paragraph. (2) As part of the license fee established by Section 19616.51 using the methodology described in that section. (c) Notwithstanding any other law, the board may elect to subject breeds other than thoroughbreds to the federal Horseracing Integrity and Safety Act of 2020 (15 U.S.C. Sec. 3051 et seq.), as authorized by Section 3054(l) of Title 15 of the United States Code. (d) For purposes of this section, “the authority” has the same meaning as defined in Section 3051 of Title 15 of the United States Code. (Added by Stats. 2022, Ch. 48, Sec. 2. (SB 189) Effective June 30, 2022.)
  133. 19440.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Horsemen’s organizations must have annual audits of their financial books and records done by a nationally recognized accounting firm.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19440.5. An annual audit shall be conducted of the financial books and records of the horsemen’s organizations, including any subsidiaries of the horsemen’s organizations, by a nationally recognized accounting firm as follows: (a) With respect to pension funds received by those organizations pursuant to Sections 19533, 19613, and 19613.1, the audit shall be conducted within 90 days of the close of the fund’s business year. The audit shall cover the period of time since the last audit, and a copy thereof shall be filed with the board, and the Senate and Assembly Committees on Governmental Organization. (b) With respect to administrative funds and welfare funds received pursuant to Sections 19533, 19606.5, 19613, and 19641, the audit shall be conducted within 90 days of the close of the fund’s business year. The audit shall cover the period of time since the last audit, and a copy thereof shall be filed with the board, and the Senate and Assembly Committees on Governmental Organization. (c) The horsemen’s organizations shall bear the cost of the audit. (Amended by Stats. 2005, Ch. 505, Sec. 2. Effective January 1, 2006.)
  134. 19441.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must file an annual report to the Governor and Legislature about horse racing business and its proceedings by January 31.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19441. The board shall annually make a full report to the Governor and the Legislature of its proceedings and the state of the business of horse racing for the preceding fiscal year, on or before January 31, and shall embody therein any recommendations deemed needed for improved functioning of the horse racing laws. (Amended by Stats. 2000, Ch. 1082, Sec. 26. Effective January 1, 2001.)
  135. 19441.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must include injury, fatality, and comparative accident data, plus worker-safety recommendations, in its annual report.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19441.2. In its annual report required under Section 19441, the board shall include a tabulation of injuries, fatalities, and comparative accident rates for all racing and training venues within its jurisdiction. The report shall also include recommendations concerning the worker safety impacts of improvements in racetrack design, jockey equipment, racing procedures, and track and facility maintenance. (Added by Stats. 1990, Ch. 1259, Sec. 1.)
  136. 19442.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    If possible, the board must designate at least one former jockey steward at horse racing tracks and at least one former driver steward at harness tracks.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19442.2. The board shall, if possible, designate at least one steward at each track where a horse racing meeting is conducted who is a former jockey or at least one steward at each track where a harness meeting is conducted who is a former driver. (Amended by Stats. 2000, Ch. 1082, Sec. 27. Effective January 1, 2001.)
  137. 19443.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The Attorney General and every district attorney must enforce this chapter as law enforcement officers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19443. The Attorney General and every district attorney shall enforce this chapter in their capacities as law enforcement officers. (Added by renumbering Section 19442 by Stats. 1977, Ch. 1080.)
  138. 19444.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may, while carrying out its duties under this chapter, join associations, publish statistical information, and conduct research.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19444. In performing its responsibilities pursuant to this chapter, the board may do the following: (a) Pay membership fees, join, and participate in the affairs of associations having for their purpose the interchange of information relating to racing law enforcement, the licensing of horse racing participants, the registration of race horses, and subjects relating to the duties of the board. (b) Tabulate, analyze, and publish statistical information based upon parimutuel handles, attendance, distribution of parimutuel proceeds among fees, commissions, purses, and awards, and upon the breeding and production of race horses or other information relating to parimutuel wagering. (c) Conduct research to determine more fully the cause and prevention of horse racing accidents, the effects of drug substances on the race horses, and the means for detection of foreign drug substances. (Amended by Stats. 2000, Ch. 1082, Sec. 28. Effective January 1, 2001.)
  139. 19446.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A veterinarian must not give medications to a horse running in the same race as a horse the veterinarian owns or trains.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19446.1. Notwithstanding any other provision of law, a veterinarian shall not administer medications to any horse entered in the same race in which a horse is entered which he or she owns or trains. In addition to any penalty provided for by this chapter or any other law, a violation of this section by any licensed veterinarian shall be grounds for denial, revocation, or suspension of a license or imposition of a fine pursuant to Section 4883 and the veterinarian shall be subject to disciplinary action pursuant to Article 4 (commencing with Section 4875) of Chapter 11 of Division 2. (Added by renumbering Section 19446 (as amended by Stats. 1991, Ch. 1091, Sec. 13) by Stats. 1993, Ch. 1120, Sec. 9. Effective January 1, 1994.)
  140. 19447.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    If a consent question is appealed to the board under the listed sections, the board must hold a hearing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19447. If a question of consent is appealed to the board under subdivision (a) of Section 19601 or subdivision (f) of Section 19605.3, the board shall hold a hearing on the appeal. Notwithstanding any other provision of law, the board may hold a hearing pursuant to this section within 24 hours of noticing the hearing. (Added by Stats. 1993, Ch. 575, Sec. 3. Effective January 1, 1994.)
  141. 19448.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must send fingerprint images and related information for specified individuals to the Department of Justice, which must return a state- or federal-level response. The board’s chief of licensing and enforcement may investigate criminal history for those individuals to decide fitness for duty.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2. General Administration and Enforcement [19420 - 19448] ( Article 2 added by Stats. 1959, Ch. 1828. ) ## 19448. (a) The board shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all of the following individuals pursuant to subdivision (u) of Section 11105 of the Penal Code: (1) A current or prospective employee. (2) A current or prospective contractor. (3) A current or prospective holder of a license issued pursuant Section 19480. (4) A racing official, as defined in Section 19510. (5) A current or prospective holder of a license issued pursuant to Article 5.5 (commencing with Section 19520). (b) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (c) The board’s chief of licensing and enforcement may investigate the criminal history of all persons listed in subdivision (a) in order to make a final determination of a person’s fitness to perform duties. (Amended by Stats. 2024, Ch. 997, Sec. 2. (AB 179) Effective September 30, 2024.)
  142. 19455.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2.5. Backstretch Worker Labor Relations [19455 - 19455.4] ( Article 2.5 added by Stats. 2001, Ch. 198, Sec. 2. )

    Verify source ↗

    This section sets up a union recognition process for backstretch workers in horse racing and restricts interference by employers, trainers, horsemen, and the union.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2.5. Backstretch Worker Labor Relations [19455 - 19455.4] ( Article 2.5 added by Stats. 2001, Ch. 198, Sec. 2. ) ## 19455. (a) The Legislature finds and declares that Section 923 of the Labor Code recognizes that it is necessary that the individual worker have full freedom of association, self-organization, and designation of representatives of his or her own choosing, to negotiate the terms and conditions of his or her employment, and that he or she shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of representatives or in self-organization or in other concerted activities for the purpose of collective bargaining. (b) The Legislature finds that the National Labor Relations Board has formally declined to assert jurisdiction over horse racing because of extensive state control over the industry, the dominant pattern of sporadic short-term employment which poses problems for the effective enforcement of the National Labor Relations Act, and a unique and special relationship that has developed between the states and the industry. (c) It is the intent of the Legislature to establish an orderly procedure for backstretch employees to exercise their statutory rights to organize a labor union, in order to reduce the prospect of any strikes, disruptions, or economic action that would interfere with the operation of horse racing meetings in California. (d) Except as provided in subdivision (e), the board shall oversee the conduct of a union recognition procedure for backstretch employees under the following conditions: (1) Employees shall have the right to join, or refuse to join, a labor organization for purposes of collective bargaining and mutual aid and protection. Existing state-recognized organizations of trainers or horsemen established pursuant to the Horse Racing Law shall not use funds derived or distributed from parimutuel wagering pursuant to state law to advocate or advance any position with respect to unionization of employees. Individual trainers and horsemen, and their agents, shall not coerce or threaten any employee of any trainer or horseman because of the exercise of rights pursuant to this article. No employee shall be discharged or discriminated against for expressing any opinion concerning the selection of a labor union or collective bargaining agent for employees under this article. No trainer or horseman, or group of trainers or horsemen, shall dominate or interfere with the formation or administration of any labor organization established under this article nor contribute financial or other support to it. (2) The labor union and its representatives shall not coerce or threaten any employee of any trainer or horseman because of the exercise of rights pursuant to this article. (3) Notwithstanding any other provision of law, within 30 days of a request by a bona fide labor organization representing workers in the horse racing industry in California, accompanied by a petition of 125 licensed backstretch workers, the board shall provide the labor organization with a list of all backstretch workers including the type of licenses they hold, their employer, the location at which they are employed, and their address and telephone number. The board may require of any trainer licensee information in the licensee’s possession necessary to comply with this requirement. The labor union shall use this list solely for the purposes of this article, and maintain it in a manner, as the board may require, to preserve the integrity of horse racing. The board may impose an appropriate penalty for any other use. (4) Every licensed trainer who employs backstretch employees shall file with the board, not later than February 1, 2002, and, within seven days of the commencement of each race meeting thereafter, a complete and accurate list of the names of its backstretch workers. In addition, every trainer shall file with the board a complete, accurate, and updated list within seven days of any changes which occur to the most recently filed list. The lists described in this section, together with any updates thereto, shall be provided within 72 hours after receipt by the board, to any bona fide labor organization which has requested copies thereof and submitted a petition containing the names of 125 backstretch workers pursuant to paragraph (3). Any request need only be made one time and the board shall thereafter be required to provide these lists and any updates thereto in accordance with the provisions of this section so long as a bona fide labor organization seeks to represent licensed backstretch workers. (5) The labor union may obtain board recognition as the exclusive bargaining agent for employees of employers pursuant to the provisions and procedures described in paragraph (8). (6) For the purposes of this article: (A) “Backstretch employee” or “backstretch worker” means a person licensed by the board pursuant to subdivision (c) of Section 1481 of Division 4 of Title 4 of the California Code of Regulations. (B) “Multiemployer bargaining unit” means any bargaining unit created and recognized pursuant to the terms of clause (iii) of subparagraph (A) of paragraph (8). (C) “Approved election unit” means any election unit created and recognized pursuant to paragraph (7). (7) There are four election units created and recognized pursuant to this section, as follows: (A) Backstretch employees working for trainers of thoroughbred horses stabled at licensed racetracks, including fairs and approved auxiliary training facilities in the combined central and southern zones. (B) Backstretch employees working for trainers of thoroughbred horses stabled at licensed racetracks, including fairs and approved auxiliary training facilities in the northern zone. (C) Backstretch employees working for trainers of quarter horses stabled at licensed racetracks and approved auxiliary training facilities in the combined central and southern zones. (D) Backstretch employees working for trainers of harness horses stabled at licensed racetracks, including fairs and approved auxiliary training facilities in the northern zone. The board shall use the California State Mediation and Conciliation Service for all appropriate purposes of this act, including operations related to the conduct of recognition procedures and elections. (8) (A) With respect to backstretch workers, a labor organization seeking recognition as the collective bargaining agent for these workers shall collect signed cards indicating individual worker’s intent to be represented by that organization for collective bargaining purposes and submit those cards to the California State Mediation and Conciliation Service for review and validation. When the labor organization is in receipt of cards signed by workers equaling at least 30 percent of the employees in an election unit described in paragraph (4), the California State Mediation and Conciliation Service shall conduct a secret ballot election with respect to the election unit as soon as is practicable thereafter, but in no event more than 30 calendar days after validation by the service of the cards. Those backstretch employees entitled to vote in the election shall be those who appear on the licensed trainer’s most recent list described in paragraph (3). However, each employer may update his or her list not more than 72 hours prior to the election. If it is determined by the stewards pursuant to the provisions in paragraph (11), that the employer filed an inaccurate or erroneous list with a willful intention to manipulate the results of an election, and that the inaccuracy or error may have affected the outcome of the election, the stewards shall decree that the employer lost the election, regardless of the actual outcome thereof, and the stewards shall issue an order to the trainer to negotiate with the union. (i) Any election shall be conducted by the California State Mediation and Conciliation Service under rules established by the service consistent with standard practice. The rules shall be established no more than 60 days after the effective date of this section, shall be made available to the bona fide labor union and employers of backstretch employees, and shall be exempt from the Administrative Procedure Act. The rules shall provide for a secret ballot system for the conduct of the election pursuant to which ballots cast by backstretch employees of individual employers shall be cast by insertion into envelopes appropriately identified with respect to each employer. The envelopes shall be collected and tabulated in secret by the service, subject to observation by one representative designated by the bona fide labor organization and one representative designated by the organization representing trainers pursuant to subdivision (a) of Section 19613.2. Upon completion of the tabulation, the service shall issue a report certifying those employers, the majority of whose employees who participated in the election voted in favor of representation by the union. Those employers so certified shall be required to bargain with the labor union pursuant to this subdivision. All other employers shall not be required to negotiate with the union and there shall not be another election with respect to those employers for at least one year from the date of the prior election. The service shall not make public the numerical tabulation of votes by employer. (ii) Protests over challenged ballots shall be resolved by the service in a consolidated hearing commencing no later than three business days after the election. (iii) Within 45 days of the certification of the results of the election by the service to the board, those trainers who are required to bargain pursuant to this subparagraph may form multiple employer bargaining units in accordance with the provisions of this subdivision. Further, the organization representing trainers pursuant to subdivision (a) of Section 19613.2 shall conduct a meeting regarding the formulation of multiple employer bargaining units within five days of the certification of the results of the election. For licensed trainers described in subparagraph (A) of paragraph (7), the minimum number of backstretch employees employed by licensed trainers comprising the multiple employer bargaining unit as of the date of the election shall be the lesser of 100 employees or 10 percent of the total employees subject to bargaining. For licensed trainers described in subparagraphs (B), (C), and (D), of paragraph (7), the minimum number of backstretch employees employed by licensed trainers comprising the multiple employer bargaining unit as of the date of the election shall be the lesser of 50 employees or 10 percent of the total employees subject to bargaining. The minimum number of backstretch employees employed by licensed trainers in order to qualify as a multiple employer bargaining unit pursuant to this subdivision may, with the consent of the recognized labor union, be reduced. On or before the 45th day following the certification of the results of the election, each representative of a multiple employer bargaining unit formed pursuant to this subdivision shall notify the board and the exclusive collective bargaining agent, in writing, that a unit has been formed, disclose the names of the licensed trainers which comprise the unit, and indicate the number and names of the backstretch employees which are employed by the licensed trainers comprising the unit. Except to join another multiple employer bargaining unit, without the consent of the bona fide labor organization, a trainer who has elected to join a multiple employer bargaining unit may not thereafter elect to resign from the unit except within a 30-day period prior to the date of the expiration of the collective bargaining agreement resulting from the negotiations. The employees of a licensed trainer who has resigned from a multiple employer bargaining unit and has not joined another unit, shall not be entitled to petition to decertify the union for a period of one year from the date of the expiration of the collective bargaining agreement which resulted from the negotiation between the union and the multiple employer bargaining unit of which he or she was formerly a member and which was in effect at the time of the trainer’s resignation. Upon completion and certification of the election results the union shall be recognized as the exclusive collective bargaining agent for those workers whose employers are required to bargain, and the executive director of the board shall issue an order to affected employers to begin good faith negotiations for approval of employment agreements pursuant to the procedures set forth in this section. (B) If an individual employer of backstretch workers declines to be represented in the multiemployer collective bargaining procedure described in clause (iii), the board shall issue an order to begin good faith negotiations for employment agreements on an individual employer basis. The board may provide mediation and conciliation services upon request of the parties at any time. If an employer is required under this subparagraph to collectively bargain with the union, and the parties do not reach an agreement within 90 days of the order, the board shall require the parties to participate in mandatory mediation and conciliation services for a period of 30 days. If no agreement results from this mediation, either or both parties may declare an impasse. Upon a party’s declaration of an impasse, the executive director of the board shall appoint an arbitrator in the manner described in paragraph (11) to determine the issues and issue a final and binding order establishing the terms of a collective bargaining agreement. (9) No labor agreement under this article shall apply to any trainer or horseman with respect to employment associated with fair meetings prior to January 1, 2003. After this date, employees shall be added by accretion into an existing contract where applicable. For racing meetings conducted in the central and southern zones during the first three months of any calendar year and for fair racing meetings, this section shall not apply to trainers who normally reside and work outside of California and who are engaged in racing in this state for a limited period of time, not exceeding 90 racing days in any calendar year. For any other racing meeting conducted during any calendar year, this section shall not apply to trainers, backstretch workers, or both, who normally reside and work outside of California and who are engaged in racing in this state for a limited period of time, not exceeding 50 racing days in any calendar year. (10) Except as provided in subparagraph (A) of paragraph (8), at any time subsequent to the expiration of an agreement under paragraph (8), when the agreement is not in effect, the board may recognize a majority interest, obtained during this period in the same manner as union recognition of employees, within a multiple employer bargaining unit who no longer desire to be represented by the union, and withdraw the recognition granted pursuant to this section from that union. An employer may inform his or her employees that a process for decertification exists and direct them to the board for information. However, any card, signature, vote, or other indicator obtained for this purpose by means of coercion or threat or with the assistance or inducement of any employer shall be invalid. (11) Disputes, other than disputes concerning the operation and application of ongoing contracts, disputes subject to binding interest arbitration pursuant to subparagraph (B) of paragraph (8), and economic disputes arising in the context of multiemployer bargaining pursuant to subparagraph (A) of paragraph (8), but including disputes concerning the rights established in paragraphs (1) and (2), upon complaint shall be adjudicated by the stewards. The stewards shall have the authority to order any remedy, including reinstatement of employment, injunctive relief, damages, and attorney’s fees. An investigation and adjudication by the stewards shall be concluded as expeditiously as possible, consistent with applicable standards of due process. In addition, the board may require the parties to submit the issue to binding arbitration subject to judicial review in the same manner as decisions of the board. Disputes subject to this paragraph include disputes involving any backstretch employee or group of employees, and any trainer or group of trainers. (12) Upon submission of a complaint to binding arbitration under any provision of this article, the executive director of the board shall select an arbitrator from a panel of professional arbitrators with expertise in labor negotiations selected by the California State Mediation and Conciliation Service or from a panel identified in collective bargaining agreements between labor organizations and employers in the horse racing industry in California, or both. The arbitrators selected by the service or identified in collective bargaining agreements shall be available to resolve the matter expeditiously. The arbitrator selected by the executive director shall have the authority to convene an immediate hearing and require the parties to exercise all due diligence in promptly attending to the issue in controversy. In all matters pertaining to the rights established by this article, an arbitrator shall have the authority to fashion an appropriate remedy, including reinstatement of employment, injunctive relief, damages, and attorney’s fees, and issuance of a make-whole remedy in the event of a persistent failure of a party to bargain in good faith. The board may take any administrative action within its authority to ensure compliance with decisions of arbitrators authorized by this section. Either party may also bring an action in state court to compel a party to go into arbitration or to enforce the decision of an arbitrator. Costs of arbitration shall be shared equally by the parties, and any party shall be entitled to recover any reasonable fees or costs incurred in securing compliance with or enforcement of an award or order of the arbitrator. (e) Nothing in this section shall prevent a labor union and an individual trainer, or any group of trainers, from entering into a mutually acceptable agreement, which may substitute for the requirements of subdivision (d), for union organizing of employees of the horsemen or trainers. Nothing in this article shall be interpreted to require representative parties in negotiation to enter into any labor agreement, as long as each party is negotiating in a good faith effort to reach an agreement. (Amended by Stats. 2002, Ch. 664, Sec. 27. Effective January 1, 2003.)
  143. 19455.2.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2.5. Backstretch Worker Labor Relations [19455 - 19455.4] ( Article 2.5 added by Stats. 2001, Ch. 198, Sec. 2. )

    Verify source ↗

    The board must make labor agreements under this article binding on applicable licensees, and horsemen or trainers with a separate union agreement cannot be forced into a multiemployer collective bargaining agreement.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2.5. Backstretch Worker Labor Relations [19455 - 19455.4] ( Article 2.5 added by Stats. 2001, Ch. 198, Sec. 2. ) ## 19455.2. (a) The board shall provide for labor agreements under this article to be binding upon every applicable licensee. (b) No horseman or trainer who has a separate agreement with the exclusive representative labor union shall be required to be a party to a multiemployer collective bargaining agreement. (Added by Stats. 2001, Ch. 198, Sec. 2. Effective January 1, 2002.)
  144. 19455.4.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2.5. Backstretch Worker Labor Relations [19455 - 19455.4] ( Article 2.5 added by Stats. 2001, Ch. 198, Sec. 2. )

    Verify source ↗

    The board may set reasonable rules for labor union representatives meeting backstretch workers, and those rules must stop interference with employees’ work while allowing reasonable access.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 2.5. Backstretch Worker Labor Relations [19455 - 19455.4] ( Article 2.5 added by Stats. 2001, Ch. 198, Sec. 2. ) ## 19455.4. The board may establish reasonable rules to regulate the time, place, and manner for representatives of labor unions to meet backstretch workers within the enclosure during working and nonworking hours. Those rules shall provide that the union and its representatives shall not interfere with the work of any employee, but shall have reasonable access to backstretch employees within the enclosure during working hours and nonworking hours, as determined by the board. With the approval of the board, these regulations may be superseded by collective bargaining agreements between horsemen’s organizations or trainers’ organizations and labor organizations. (Added by Stats. 2001, Ch. 198, Sec. 2. Effective January 1, 2002.)
  145. 19460.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Licenses under this chapter must be in writing and must follow board rules, regulations, and conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19460. All licenses granted under this chapter: (a) Shall be in writing. (b) Are subject to all rules, regulations, and conditions prescribed by the board. (c) Shall contain such conditions as are deemed necessary or desirable by the board for the best interests of horse racing and the purposes of this chapter. (Amended by Stats. 2010, Ch. 272, Sec. 2. (AB 2792) Effective January 1, 2011.)
  146. 19461.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A board may suspend or revoke licenses issued under this chapter if it has reason to believe a condition, law, or board rule has been violated.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19461. Every license granted under this chapter is subject to suspension or revocation by the board in any case where the board has reason to believe that any condition regarding it has not been complied with, or that any law, including the Labor Code and the regulations adopted thereunder, or any rule or regulation of the board affecting it has been broken or violated. All proceedings to revoke a license shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2001, Ch. 198, Sec. 3. Effective January 1, 2002.)
  147. 19461.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board keeps its authority to deny a license application or discipline a licensee even if the application is withdrawn or the license is later suspended, expired, forfeited, cancelled, or surrendered, unless the board has written consent for withdrawal.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19461.1. (a) The withdrawal of an application for a license after it has been filed with the board shall not, unless the board has consented in writing to the withdrawal, deprive the board of its authority to institute or continue a proceeding against the applicant for the denial of the license upon any ground provided by law, or to enter an order denying the license upon any of those grounds. (b) The suspension, expiration, or forfeiture by operation of law of a license issued by the board, or its suspension, forfeiture, or cancellation by order of the board or by order of a court of law, or its surrender without the written consent of the board, shall not, during any period in which it may be renewed, restored, reissued, or reinstated, deprive the board of its authority to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law, or to enter an order suspending or revoking the license or otherwise taking disciplinary action against the licensee on any of those grounds. (Added by Stats. 2006, Ch. 400, Sec. 1. Effective January 1, 2007.)
  148. 19461.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    If the Labor Commissioner finds a qualifying Labor Code violation by a licensed person in licensed activity, the Commissioner must notify the board after the appeal period ends.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19461.5. Upon a finding by the Labor Commissioner that a violation of any provision of the Labor Code, within the jurisdiction of the Labor Commissioner, has been committed by a person licensed pursuant to this chapter in the course of such licensed activity, the Labor Commissioner shall, upon expiration of the applicable period for appeal, notify the board of that finding. (Added by Stats. 2001, Ch. 198, Sec. 4. Effective January 1, 2002.)
  149. 19462.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    If a license is suspended or revoked, the board must publicly state its reasons and record those reasons in its minute book.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19462. If any license is suspended or revoked, the board shall state publicly its reasons for the suspension or revocation, and shall cause an entry of such reasons to be made on its minute book. (Repealed and added by Stats. 1959, Ch. 1828.)
  150. 19463.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board’s suspension or revocation of a license is final, but a court may review it if a court action is started within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19463. The action of the board in suspending or revoking a license issued under this chapter is final, except that the propriety of the action of suspending or revoking a license or of any other final administrative action of the board is subject to review by any court of competent jurisdiction if the action is commenced in the court within 30 days of the board’s action. The action of the board shall stand unless and until reversed by a court. No action may be commenced in a court to attack, review, set aside, void, or annul any final action of the board unless it is commenced within 30 days of the board’s action. (Amended by Stats. 1984, Ch. 1740, Sec. 7. Effective September 30, 1984.)
  151. 19464.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Horse owner’s license and race-meeting license applications cannot be approved unless workers’ compensation liability is secured; race-meeting applicants must also deposit and maintain a surety bond, subject to a limited exemption.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19464. (a) No application for a horse owner’s license or for a license to conduct a race meeting shall be granted unless the applicant’s liability for workers’ compensation is secured in accordance with Division 4 (commencing with Section 3700) of the Labor Code. Any termination of security for that liability during the period of a license shall result in the immediate automatic suspension of the license during the period of that termination and also shall be a ground for revocation of the license. (b) No application for a license to conduct a race meeting shall be granted unless the applicant has deposited with the board a surety bond in the amount of one hundred thousand dollars ($100,000), or a greater amount, as determined by the board, which is sufficient to ensure payment of employee wages and benefits including, but not limited to, health, welfare, and pension plans. The surety bond shall be maintained during the period of the meeting and for an additional period, as determined by the board, sufficient to assure that all payments are made. In the event of a dispute over the amount owed, the dispute shall be resolved through the grievance procedures set forth in the labor agreement of the union representing the class of employees affected. For the purposes of this subdivision, an insured certificate of deposit payable to the Treasurer of the State of California shall be considered equivalent to a surety bond and shall be acceptable to the board upon such terms and conditions as it may prescribe. Interest paid to the state on the certificate of deposit shall be refunded to the applicant. This subdivision does not apply to any person or association licensed to operate a horse race meeting prior to January 1, 2001, which has conducted a race meeting in each of the immediate three previous consecutive calendar years. (Amended by Stats. 2000, Ch. 1082, Sec. 29. Effective January 1, 2001.)
  152. 19466.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must keep a current list of its temporary and permanent licensees and include identifying information and each licensee’s address of record.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 3. Licenses Generally [19460 - 19466] ( Article 3 added by Stats. 1959, Ch. 1828. ) ## 19466. The board shall maintain a current listing of its temporary and permanent licensees and shall include therein identifying information as to each licensee and the address of record. The board may provide a copy of the listing in the form requested by any federal, state, county, or municipal authority or racing jurisdiction. The board may require that its costs for providing a copy of a listing be reimbursed by the requesting authority or agency or organization. (Added by Stats. 1984, Ch. 1740, Sec. 8. Effective September 30, 1984.)
  153. 1947.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board may revoke or suspend certain licenses for reasons listed in this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1947. A license issued under this article and a license issued under this chapter to a registered dental hygienist, to a registered dental hygienist in alternative practice, or to a registered dental hygienist in extended functions may be revoked or suspended by the dental hygiene board for any reason specified in this article for the suspension or revocation of a license to practice dental hygiene. (Amended by Stats. 2019, Ch. 456, Sec. 37. (SB 786) Effective January 1, 2020.)
  154. 19480.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may issue a horse racing meeting license to an applicant who applies in writing, complies with the chapter, and makes the required deposit, if issuance is in the public interest and serves the chapter’s purposes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19480. (a) The board may issue to any person who makes application therefor in writing, who has complied with this chapter, and who makes the deposit to secure payment of the license fee imposed by this article, a license to conduct a horse racing meeting in accordance with this chapter at the track specified in the application if the board determines that the issuance thereof will be in the public interest and will subserve the purposes of this chapter. (b) For purposes of this section, “person” means any officer, director, or partner, or any individual who holds 5 percent or more of outstanding shares, of a racing association. (Amended by Stats. 2024, Ch. 997, Sec. 3. (AB 179) Effective September 30, 2024.)
  155. 19481.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board must establish safety standards for racetrack facilities and services, and must designate a steward at each horse racing meeting to enforce those standards.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19481. In performing its responsibilities, the board shall do all of the following: (a) Establish safety standards governing the uniformity and content of the track base and racing surface, inner and outer rails, gates and gaps, turf, access and egress to the track, lighting for night racing, equipment for horse and rider, drainage, communications, veterinary services, medical and ambulance services, and other track facilities in order to improve the safety of horses, riders, and workers at the racetrack. (b) Designate a steward at all horse racing meetings to be responsible for enforcing compliance with safety standards. (Amended by Stats. 2000, Ch. 1082, Sec. 31. Effective January 1, 2001.)
  156. 19481.3.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Racing associations and racing fairs must provide on-track emergency medical facilities, staffing, plans, and reporting, and the board must issue implementing regulations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19481.3. (a) Every racing association and racing fair licensed pursuant to this article shall maintain, staff, and supply an on-track first aid facility, that may be either permanent or mobile, and which shall be staffed and equipped as directed by the board. A qualified and licensed physician shall be on duty at all times during live racing, except that this provision shall not apply to: (1) a quarter horse racing association if there is a hospital situated no more than 1.5 miles from the racetrack and the racetrack has an agreement with the hospital to provide emergency medical services to jockeys and riders, or (2) a harness racing association if there is a hospital situated no more than 2.5 miles from the racetrack and the harness racing association has an agreement with the hospital to provide emergency medical services to injured drivers. An ambulance licensed to operate on public highways provided by the track shall be available at all times during live racing and shall be staffed by two emergency medical technicians licensed in accordance with Division 2.5 (commencing with Section 1797) of the Health and Safety Code, one of whom may be an Emergency Medical Technician Paramedic, as defined in Section 1797.84 of the Health and Safety Code. (b) Each racing association and racing fair shall adopt and maintain an emergency medical plan detailing the procedures that shall be used in the event of an on-track injury. The plan shall be posted in each jockey room in English and Spanish. (c) Prior to every race meeting, the racing association or racing fair shall contact area hospitals to coordinate procedures for the rapid admittance and treatment of emergency injuries. (d) Each racing association or racing fair shall designate a health and safety manager and assistant manager, who shall be responsible for compliance with the provisions of this section and one of whom shall be on duty at all times when live racing is conducted. The health and safety manager may, at the discretion of the racing association, be the person designated to perform risk management duties on behalf of the association. (e) The stewards shall investigate and prepare a report with respect to all on-track accidents involving jockeys that occur during the performance of their duties. The report shall, at a minimum, identify the circumstances of the accident, the likely causes, and the extent of any injuries. The investigation shall be commenced no later than the next live racing day and shall be completed expeditiously. Upon completion of the report, it shall immediately be sent by facsimile or electronic mail to the entity certified to provide health and welfare for jockeys pursuant to Section 19612.9, to the jockey or his or her representative, the racing association, and the owner and trainer of the horse the jockey was riding at the time of the accident. (f) The board shall adopt regulations to implement the provisions of this section no later than July 1, 2007. (Amended by Stats. 2008, Ch. 19, Sec. 1. Effective June 2, 2008.)
  157. 19481.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

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    The board must adopt employee-housing standards for licensed racetracks, inspect backstretch housing annually, and may charge racing associations a reasonable fee for inspection costs. A horse-racing meeting license cannot be issued unless the track was inspected within 30 days before application and approved for safety compliance.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19481.5. (a) Notwithstanding any other provision of law, no license shall be issued to conduct a horse racing meeting upon a track unless the track has been inspected by the board within 30 days prior to the date of application for a license and the track has been approved by the board as conforming to the racetrack safety standards set forth in subdivision (a) of Section 19481. (b) The board shall adopt regulations to establish standards governing the employee housing provided to backstretch personnel at licensed racetracks. These regulations shall be commensurate with the housing standards established in the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code), and shall consider the following: (1) The health and safety of the human and equine population and the necessity for humans and horses to live in close proximity. (2) The housing needs of state or county facilities with live racing meetings of no more than 43 days in duration that do not operate as year-round training facilities. The board shall specifically consider the different needs of these facilities compared to permanent facilities or other state and county facilities that function on a year-round basis, including state and county fair facilities that operate as year-round training facilities where horses are stabled and workers live. (3) Compliance of facilities with racing meetings of 19 days or less, even if they operate as a year-round training facility, with this subdivision shall be contingent on funding in the Budget Act of 2002 (Chapter 379 of the Statutes of 2002). (c) Commencing January 1, 2004, the board, with assistance from the California Department of Housing and Community Development or a local building department or other local entity designated by the jurisdiction in which the racetrack is located, shall annually inspect the living conditions of backstretch employee housing to ensure compliance with the housing standards established by the board, the findings or results of which shall be submitted to the board. No license shall be issued to a racing association to conduct a horse race meeting unless the board has inspected the housing conditions that exist on the racetrack’s backstretch and determined the living conditions to be in compliance with the standards established by the board in subdivision (b). (d) The board may assess a reasonable fee upon racing associations to defray the costs associated with the inspections provided for in subdivision (c). (Amended by Stats. 2011, Ch. 296, Sec. 21. (AB 1023) Effective January 1, 2012.)
  158. 19481.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may immediately suspend a racing-meeting license to protect horse or rider safety, and it must later review the action, while emergency meetings and emergency regulations are allowed under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19481.7. (a) (1) The board may, at any time, immediately suspend a license to conduct a racing meeting when necessary to protect the health and safety of the horses or riders that are present at the racing meeting. (2) The suspension shall require a vote of at least four members of the board. (3) The suspension shall remain in effect until the board determines that the matters jeopardizing the health and safety of the horses or riders that are present at the racing meeting have been adequately addressed. (4) As a condition of lifting the suspension, the board may require a licensee to comply with additional safety standards or other requirements as it deems necessary or desirable for the best interests of horse racing and the purposes of this chapter. (5) The suspension is not a revocation subject to the proceedings required by Section 19461, regardless of any effect on a license issued under this chapter. (b) (1) Notwithstanding the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), an emergency meeting may be called at any time by the chairperson of the board, the executive director, or by a majority of the members of the board to consider suspending a license to conduct a racing meeting when there exists an emergency situation involving matters upon which prompt action is necessary to protect the health and safety of the horses or riders that are present at the racing meeting. (2) An emergency meeting held pursuant to this section is exempt from the 10-day notice requirement of Section 11125 of the Government Code or the 48-hour notice requirement of Section 11125.4 of the Government Code if the delay necessitated by those requirements would significantly and adversely impact the board’s ability to protect the health and safety of the horses or riders that were present at the racing meeting. (3) Before the commencement of the emergency meeting, the board shall make a finding in open session that the delay necessitated by providing the 10-day notice required by Section 11125 of the Government Code or 48 hours before a meeting as required by Section 11125.4 of the Government Code would significantly and adversely impact the board’s ability to protect the health and safety of the horses or riders that are present at that racing meeting. The finding shall be adopted by a vote of at least four members of the board. Failure to adopt the finding shall terminate the meeting. (4) Newspapers of general circulation and radio or television stations that have requested notice of meetings pursuant to Section 11125 of the Government Code shall be notified by the executive director, or a designee thereof, at least one hour before the emergency meeting by telephone. Notice shall also be made available on the board’s internet website as soon as is practicable after the decision to call the emergency meeting has been made. Notwithstanding Section 11125 of the Government Code, the board may take action at the emergency meeting on an item of business involving the emergency situation that is not included in the agenda, if any, that accompanies a notice provided pursuant to this paragraph. (5) The minutes of the emergency meeting, a copy of the rollcall vote, and any action taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as is possible. (c) (1) It is unlawful to conduct a racing meeting under a license suspended pursuant to this section or, if the suspension is lifted, without meeting a condition imposed pursuant to paragraph (4) of subdivision (a). (2) The board shall review any action taken under this section within 10 calendar days. (3) Nothing in this section supersedes or limits the board’s authority to suspend or deny a license under any other law, rule, or regulation. (d) The board shall adopt emergency regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code to implement this section. The board may readopt, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulation authorized by this section that is the same as, or substantially equivalent to, an emergency regulation previously adopted as authorized by this section. No such regulation shall be readopted on an emergency basis pursuant to this section more than a total of two times. Notwithstanding any other law, the initial adoption of emergency regulations and the readoption of emergency regulations authorized by this section shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. (Added by Stats. 2019, Ch. 22, Sec. 1. (SB 469) Effective June 26, 2019.)
  159. 19482.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may not issue a horse racing meeting license to certain nonprofit corporations or to applicants acting for their benefit, except for corporations that were already licensed by the board before September 7, 1955.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19482. No license to conduct a horse racing meeting shall be issued to any of the following: (a) Any nonprofit corporation entitled to an exemption from any tax imposed by this State. (b) Any applicant who proposes to conduct a horse racing meeting for the benefit of any such nonprofit corporation or under any arrangement pursuant to which such nonprofit corporation is to share in the receipts of the licensee from the conduct of such meeting, whether by rentals or otherwise. Nothing in this section prohibits the board, in its discretion, from issuing a license to conduct a horse racing meeting to any corporation to which it has, prior to September 7, 1955, issued a license to conduct such a meeting. (Repealed and added by Stats. 1959, Ch. 1828.)
  160. 19483.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board generally may not issue a horseracing meeting license to a person with a disqualifying financial interest, unless it finds the chapter’s purpose would be better served.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19483. Unless the board finds that the purpose of this chapter will be better served thereby, no license to conduct a horseracing meeting at any track shall be issued to any person or held by any person having any financial interest in the conduct of any horseracing meeting by any other person at any other track in this State. Ownership of stock in one corporation by another corporation constitutes a financial interest within the meaning of this section. (Amended by Stats. 1963, Ch. 2059.)
  161. 19484.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A licensed horseracing operator generally may not own or take a financial interest in another track or its wagering operations unless the board finds that doing so better serves the chapter’s purpose.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19484. Unless the board finds that the purpose of this chapter will be better served thereby, no person licensed under this article to conduct a horseracing meeting at any place, track or inclosure shall own or acquire any stock or hold or obtain any other financial interest in any other track of another such licensee or in the operation thereof, or in the operation of authorized wagering on the results of horseraces at any such other track. (Amended by Stats. 1963, Ch. 2059.)
  162. 19485.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The board may not issue a horse-racing-meeting license for a track not used for horse racing before July 1, 1941, unless it first decides, on application, that the meeting would be in the public interest and serve this chapter’s purposes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19485. The board shall not issue a license to conduct a horse racing meeting at any place, track or inclosure, not used for horse racing meetings prior to July 1, 1941, unless prior to the beginning of the construction or preparation of such track for horse racing meetings, the board, upon application in such form as it may require, has determined that the conduct of horse racing meetings at such track will be in the public interest and will subserve the purposes of this chapter. This section does not apply in respect to any track of not less than five-eighths of one mile in circumference or length partially or entirely in the infield of a mile track constructed and operated by a thoroughbred licensee under this article provided that such infield track is to be used solely for thoroughbred racing. (Amended by Stats. 2000, Ch. 1082, Sec. 33. Effective January 1, 2001.)
  163. 19487.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

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    A licensed racing association may build a second track in the infield of its racetrack if the board first decides, on application, that horse racing there is in the public interest and serves the chapter’s purposes.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19487. Notwithstanding Section 19485, any licensed racing association operating a racetrack may construct another track of not less than one-half mile in circumference or length partially or entirely in the infield of such track, if prior to the beginning of construction or preparation of such track for horse race meetings, the board has determined upon application, in such form as it may require, that the conduct of horse race meetings at such track will be in the public interest and subserve the purposes of this chapter. A license may be granted to any harness racing association to conduct a harness racing meeting upon such a track of less than one mile. (Amended by Stats. 2000, Ch. 1082, Sec. 35. Effective January 1, 2001.)
  164. 19488.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A license under this article must list specific details about the horse racing meeting and must note the deposit payment and receipt by the board.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19488. (a) Every license issued under this article shall specify the following: (1) The name of the person to whom it is issued. (2) The track where the horse racing meeting to which it relates is to be held or conducted. (3) The days and hours of the day when the meeting will be permitted. (4) The number and types of races to be run on each day of the meeting. (5) The number of useable stalls available for the meeting. (6) The name of the person responsible for supervising the maintenance of racetrack safety standards. (b) The license shall also recite the payment to, and receipt by, the board of the deposit to secure payment of the license fee required by this article. (Amended by Stats. 2000, Ch. 1082, Sec. 36. Effective January 1, 2001.)
  165. 19489.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A track-operator license cannot be transferred and does not allow horse racing meetings at unlisted tracks, except that the board may approve another track in the same area if the licensed track becomes unsuitable because of fire, flood, or another catastrophe.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19489. A license issued under this article is not transferable nor does it permit the conduct of a horse racing meeting at any track not specified therein. If, however, the track specified in a license becomes unsuitable for racing because of fire, flood, or other catastrophe, the meeting or any remaining portion thereof may be conducted at any other track specified by the board in the same area. The board may specify any other track within the area for the conduct of the meeting, whether or not such conduct would result in increasing the number of racing days in the county or area in which such track is situated. Before any other track is so specified, the board shall obtain the consent of the person licensed to conduct a meeting at the track which has become unsuitable for racing and of the owners and operators licensed to conduct a meeting at such other track. (Amended by Stats. 2000, Ch. 1082, Sec. 37. Effective January 1, 2001.)
  166. 1949.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board may discipline a licensee by revoking, suspending, reprimanding, or placing the licensee on probation for specified misconduct or other applicable causes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1949. A licensee may have their license revoked or suspended, or may be reprimanded or placed on probation by the dental hygiene board for unprofessional conduct, incompetence, gross negligence, repeated acts of negligence in the licensee’s profession, receiving a license by mistake, or for any other cause applicable to the licentiate provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the dental hygiene board shall have all the powers granted therein. (Amended by Stats. 2019, Ch. 456, Sec. 38. (SB 786) Effective January 1, 2020.)
  167. 19490.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    License applications for a horse racing meeting must include a $10,000 deposit by certified check payable to the Treasurer of the State of California.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19490. Each application for a license to conduct a horse racing meeting shall be accompanied by a deposit to secure the payment of any license fee imposed by this article, in the form of a certified check payable to the Treasurer of the State of California, in the amount of ten thousand dollars ($10,000). (Amended by Stats. 2000, Ch. 1082, Sec. 38. Effective January 1, 2001.)
  168. 19491.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    An association conducting a racing meeting must pay and distribute breakage-related amounts, and report breakage as a separate item.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19491. (a) Subject to Sections 19491.5 and 19491.6, and except as provided in Section 19491.7, every association which conducts a racing meeting shall pay as an additional license fee one-half of the breakage deducted pursuant to Section 19597 on the first twenty-four million dollars ($24,000,000) or less, excluding wagering at a satellite wagering facility, of the total amount handled in the parimutuel pools relating to its meeting and all of the breakage deducted on amounts so handled in excess of twenty-four million dollars ($24,000,000), excluding wagering at a satellite wagering facility. (b) Every association which conducts a racing meeting shall distribute the remaining one-half of the breakage deducted pursuant to Section 19597 on the first twenty-four million dollars ($24,000,000) or less, excluding wagering at a satellite wagering facility, of the total amount handled in the parimutuel pools relating to the meeting as additional purses and for additional commissions in the same proportion, as between purses and commissions, as provided in Sections 19611, 19612, 19612.6, and 19614. (c) Notwithstanding subdivision (b), one-half of all the breakage deducted pursuant to Section 19597 at fair racing meetings shall be retained and distributed as additional commissions. Payment of the fee shall be made weekly on account during each meeting, and the amount attributable to breakage shall be reported as a separate item. (Amended by Stats. 2000, Ch. 1082, Sec. 39. Effective January 1, 2001.)
  169. 19491.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Some horse-racing associations are exempt from part of a license fee, depending on how much was handled in the prior year’s parimutuel pools.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19491.5. Notwithstanding the provisions of subdivision (a) of Section 19491, an association, including the California Exposition and State Fair or a county or district agricultural association fair, which conducts, or whose predecessor association has conducted, a horseracing meeting during the preceding year at which the total amount handled in the parimutuel pools operated by the association, or by such predecessor association, is not more than two hundred fifty million dollars ($250,000,000), excluding wagering at a satellite wagering facility, shall be exempt from payment of that portion of the license fee provided in subdivision (a) of Section 19491 on the amount handled by it under one hundred twenty-five million dollars ($125,000,000), excluding wagering at a satellite wagering facility. All the money accruing pursuant to this section shall be distributed as purses. In addition, an association which conducts, or whose predecessor association has conducted, a horseracing meeting during the preceding year at which the total amount handled in the parimutuel pools operated by the association or predecessor association is more than two hundred fifty million dollars ($250,000,000), excluding wagering at a satellite wagering facility, shall be exempt from the payment of that portion of the license fee provided in subdivision (a) of Section 19491 on the amount handled in excess of twenty-four million dollars ($24,000,000) but not in excess of fifty million dollars ($50,000,000). “Predecessor association,” as used in this section, means a person who was previously licensed to conduct racing of the same kind and at the same racing facility as the presently existing association. It is the intent of the Legislature that the amendment to this section at its 1970 Regular Session shall be deemed to be a clarification of the effect of this section, and that such amendment does not constitute a substantive change. (Amended by Stats. 1986, Ch. 1285, Sec. 1.)
  170. 19491.6.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    The association must regularly deposit the exempt amount it retains into a separate account with a board-approved depository, and the deposited funds must be distributed as purses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19491.6. Except as provided in subdivision (b) of Section 19612, the exempt amount retained by the association shall be regularly deposited in a separate account with a depository approved by the board. The funds deposited shall be distributed as purses. (Amended by Stats. 1980, Ch. 1043, Sec. 9.)
  171. 19491.7.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    An association licensed to conduct harness racing must use breakage deducted under Section 19597 to fund the California Standardbred Sires Stakes Program.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19491.7. Notwithstanding any other provision of law, all breakage deducted pursuant to Section 19597 by an association licensed to conduct harness racing shall be used to fund the California Standardbred Sires Stakes Program as set forth in subdivision (f) of Section 19619. (Amended by Stats. 1983, Ch. 595, Sec. 3.)
  172. 19493.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    When the horse racing meeting ends, the deposited sum must be returned to the licensee if the license fee was fully paid; otherwise, the fee amount is deducted from the deposit and any remaining balance is returned.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19493. Upon the termination of the horse racing meeting for which a license has been granted: (a) If the licensee has fully paid the license fee imposed by this article, the sum deposited with the application for the license shall be returned to the licensee. (b) If the licensee fails, refuses, or neglects to pay such fee, the amount thereof shall be deducted from the sum deposited and the balance, if any, shall be returned to the licensee. (Added by Stats. 1959, Ch. 1828.)
  173. 19494.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    If racing cannot be held on an authorized day for reasons beyond the licensee’s control, the board may, at the licensee’s request, refund the racing fee or set another day for racing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19494. If by reason of any cause beyond control, and through no fault or neglect of any licensee, and when the licensee is not in default, it becomes impossible for the licensee to hold or conduct racing upon any day authorized by the board, the board, in its discretion and at the request of the licensee, may either return any fee paid by the licensee for racing on that day or, as a substitute for such day, may specify any other day for the holding or conducting of racing by the licensee. (Added by Stats. 1959, Ch. 1828.)
  174. 19495.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    Except as allowed elsewhere in the chapter, government bodies may not assess or collect more than $100 in license, excise tax, or fee charges for each racing day from a licensee.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19495. Except as provided in this chapter, no license or excise tax or fee in excess of one hundred dollars ($100) for each racing day shall be assessed against or collected from any licensee by the State or by any county, city, district, or any other body having the power to assess or collect any license, tax, or fee. (Added by Stats. 1959, Ch. 1828.)
  175. 19497.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. )

    Verify source ↗

    A licensed horse racing meeting operator may not transfer leased racing property to another person unless the transfer is first submitted to the Department of General Services and approved as just and reasonable.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4. Licenses for Track Operators [19480 - 19497] ( Article 4 added by Stats. 1959, Ch. 1828. ) ## 19497. Any person who is licensed to conduct a horse racing meeting at any place, track or inclosure which is leased by him from the state, shall not transfer any such property to any other person, whether licensed under this chapter or not, for the purpose of furnishing such other person a place, track or inclosure at which it may conduct a horse racing meeting, unless such transfer is first submitted to the Department of General Services and the department finds that its terms and provisions are just and reasonable and approves of it. As used in this section, “transfer” includes any sublease, permit to use, license to use, and any other transaction or arrangement of any kind or nature whereby any right to the use or possession of property, or any part thereof, for the purpose of conducting a horse racing meeting is conferred upon any person. The provisions of this section which are applicable to a person licensed under this chapter to conduct a horse racing meeting shall also apply to any person to whom a transfer is made by such a licensee in accordance with this section. (Amended by Stats. 2000, Ch. 1082, Sec. 40. Effective January 1, 2001.)
  176. 1950.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

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    The dental hygiene board may discipline a licensee, including revoking, suspending, reprimanding, or placing the licensee on probation, and may refuse to issue a license in specified conviction-related situations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1950. (a) A licensee may have their license revoked or suspended, or may be reprimanded or placed on probation by the dental hygiene board, for conviction of a crime substantially related to the licensee’s qualifications, functions, or duties. The record of conviction or a copy certified by the clerk of the court or by the judge in whose court the conviction occurred shall be conclusive evidence of conviction. (b) The dental hygiene board shall undertake proceedings under this section upon the receipt of a certified copy of the record of conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any misdemeanor substantially related to the licensee’s qualifications, functions, or duties is deemed to be a conviction within the meaning of this section. (c) The dental hygiene board may reprimand a licensee or order a license suspended or revoked, or placed on probation or may decline to issue a license, when any of the following occur: (1) The time for appeal has elapsed. (2) The judgment of conviction has been affirmed on appeal. (3) An order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under any provision of the Penal Code, including, but not limited to, Section 1203.4 of the Penal Code, allowing a person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 2019, Ch. 456, Sec. 39. (SB 786) Effective January 1, 2020.)
  177. 1950.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    This section defines unprofessional conduct for dental hygienists and related licensees, including fraud, unlawful advertising, patient abandonment, unsafe conditions, false records, reporting failures, and other misconduct.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1950.5. Unprofessional conduct by a person licensed under this article is defined as, but is not limited to, any one of the following: (a) The obtaining of any fee by fraud or misrepresentation. (b) The aiding or abetting of any unlicensed person to practice dentistry or dental hygiene. (c) The aiding or abetting of a licensed person to practice dentistry or dental hygiene unlawfully. (d) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dental hygiene. (e) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which the person is licensed to practice, in advertising or in any other manner indicating that the person is practicing or will practice dentistry, except the name specified in a valid permit issued pursuant to Section 1962. (f) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiographs, prescriptions, or other services or articles supplied to patients. (g) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public. (h) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651. (i) The employing or the making use of solicitors. (j) Advertising in violation of Section 651. (k) Advertising to guarantee any dental hygiene service, or to perform any dental hygiene procedure painlessly. This subdivision shall not prohibit advertising permitted by Section 651. (l) The violation of any of the provisions of this division. (m) The permitting of any person to operate dental radiographic equipment who has not met the requirements to do so, as determined by the dental hygiene board. (n) The clearly excessive administering of drugs or treatment, or the clearly excessive use of treatment procedures, or the clearly excessive use of treatment facilities, as determined by the customary practice and standards of the dental hygiene profession. Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) or more than six hundred dollars ($600), or by imprisonment for a term of not less than 60 days or more than 180 days, or by both a fine and imprisonment. (o) The use of threats or harassment against any patient or licensee for providing evidence in any possible or actual disciplinary action, or other legal action; or the discharge of an employee primarily based on the employee’s attempt to comply with the provisions of this chapter or to aid in the compliance. (p) Suspension or revocation of a license issued, or discipline imposed, by another state or territory on grounds that would be the basis of discipline in this state. (q) The alteration of a patient’s record with intent to deceive. (r) Unsanitary or unsafe office conditions, as determined by the customary practice and standards of the dental hygiene profession. (s) The abandonment of the patient by the licensee, without written notice to the patient that treatment is to be discontinued and before the patient has ample opportunity to secure the services of another registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions and provided the health of the patient is not jeopardized. (t) The willful misrepresentation of facts relating to a disciplinary action to the patients of a disciplined licensee. (u) Use of fraud in the procurement of any license issued pursuant to this article. (v) Any action or conduct that would have warranted the denial of the license. (w) The aiding or abetting of a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions to practice dental hygiene in a negligent or incompetent manner. (x) The failure to report to the dental hygiene board in writing within seven days any of the following: (1) the death of the licensee’s patient during the performance of any dental hygiene procedure; (2) the discovery of the death of a patient whose death is related to a dental hygiene procedure performed by the licensee; or (3) except for a scheduled hospitalization, the removal to a hospital or emergency center for medical treatment for a period exceeding 24 hours of any patient as a result of dental or dental hygiene treatment. Upon receipt of a report pursuant to this subdivision, the dental hygiene board may conduct an inspection of the dental hygiene practice office if the dental hygiene board finds that it is necessary. (y) A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the dental hygiene board all deaths occurring in their practice with a copy sent to the dental board if the death occurred while working as an employee in a dental office. A dentist shall report to the dental board all deaths occurring in their practice with a copy sent to the dental hygiene board if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. (z) Knowingly making a statement or signing a certificate or other document that falsely represents the existence or nonexistence of a fact directly or indirectly related to the practice of dental hygiene. (Amended by Stats. 2021, Ch. 491, Sec. 6. (SB 534) Effective January 1, 2022.)
  178. 19500.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. )

    Verify source ↗

    This section sets payment rules for jockeys, requires the board to adopt related regulations, and limits who may receive money from a jockey’s compensation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. ) ## 19500. (a) A jockey who agrees to exercise a racehorse shall be paid no less than the standard rate that is paid to exercise riders unless the jockey has been employed to ride that racehorse in a parimutuel race or the jockey is engaged in an official timed and recorded workout. If there is a dispute over the standard rate for exercising a horse, the steward shall determine the rate. (b) The board shall adopt regulations no later than July 1, 2007, consistent with existing practice of the stewards, that provide both of the following: (1) Establish the circumstances under which a jockey is entitled to receive a mount fee when he or she is removed from a mount prior to scratch time. (2) Establish the circumstances under which a jockey is entitled to receive both a mount fee and the riding fee when he or she is removed from a mount after scratch time. (c) The paymaster of a racing association or racing fair shall not disburse any sum from a jockey’s compensation to any person other than the jockey except with the written permission of the jockey, upon order of the board, or pursuant to a court or administrative order. (d) For the purposes of this section the following definitions apply: (1) “Scratch time” means the time designated by the purse agreement when final changes in racing programs must be made. (2) “Riding fee” means the amount of money, whether calculated as a percentage of the purse or by any other means, that is due to a jockey in addition to the jockey mount fee as a result of the performance of a racehorse in a race. (3) “Mount fee” is the fee that is paid a jockey who accepts a mount on a racehorse. (Added by Stats. 2005, Ch. 329, Sec. 2. Effective January 1, 2006.)
  179. 19501.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. )

    Verify source ↗

    The section sets minimum jockey riding fees, requires that no jockey be paid below those minimums, and allows the board to increase the fee above the minimum level.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. ) ## 19501. (a) The Legislature finds and declares the following: (1) Professional jockeys are vital to the horse racing industry and the work they perform is very dangerous. (2) The minimum wage that jockeys receive in a horse race is established by the board as a minimum jockey riding fee. Jockeys may earn additional compensation if the horse they are racing is a winning mount, a second place mount, or a third place mount. (3) The minimum jockey riding fee has not kept up with inflation or the cost of living. Since 1970, the state minimum wage has increased at more than twice the rate that the average jockey riding fee increased over the same period. (4) The riding fee should be increased at least as much on a percentage basis as the state minimum wage, so that the average full-time jockey can earn an income sufficient to provide for the basic necessities of life. (b) (1) Effective January 1, 2010, the scale of minimum jockey riding fees for losing mounts established by the board shall be increased by ten dollars ($10) per mount from the rate in effect on December 31, 2009. Effective January 1, 2012, the scale of minimum jockey riding fees for losing mounts established by the board shall be increased by ten dollars ($10) per mount from the rate in effect on December 31, 2011, except the three lowest fees on the scale shall be increased by five dollars ($5) per mount. Thereafter, the scale of minimum jockey riding fees for losing mounts shall be increased whenever the state minimum wage is increased by the percentage of that increase. (2) Effective January 1, 2010, the minimum amount awarded to the jockey who finishes second or third in a race shall be increased by ten dollars ($10) over the amount required to be paid on December 31, 2009. Effective January 1, 2012, the minimum amount awarded to the jockey who finishes second or third in a race shall be increased by five dollars ($5) over the amount required to be paid on December 31, 2011. This subdivision shall apply to races in which the purse is nine thousand nine hundred ninety-nine dollars ($9,999) or less. (c) No jockey shall be paid less than the minimum jockey riding fees established pursuant to this section. (d) Nothing in this section prohibits the board from increasing the minimum jockey riding fee above the minimum level required by this section. (Amended by Stats. 2011, Ch. 296, Sec. 22. (AB 1023) Effective January 1, 2012.)
  180. 19502.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. )

    Verify source ↗

    The board may not allow part of an owner-paid entry, nomination, or other fee to be deducted from a jockey riding fee unless the fee was paid only by the owner and not reimbursed by anyone else.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. ) ## 19502. Notwithstanding any other law, the board shall not permit any portion of an entry, nomination, or other fee paid by an owner to be deducted from a jockey riding fee unless the entry, nomination, or other fee is paid exclusively by the owner and not reimbursed by any other person or entity. (Added by Stats. 2013, Ch. 434, Sec. 1. (AB 1226) Effective September 30, 2013.)
  181. 19504.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. )

    Verify source ↗

    Riders may not ride a racehorse at a racetrack unless they wear a safety helmet and safety vest, and the board has several safety-related duties and approval powers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. ) ## 19504. (a) No racehorse shall be ridden at a racetrack unless the rider is equipped with a safety helmet and safety vest. (b) No later than July 1, 2006, the board shall conduct an investigation, including at least one public hearing, to determine whether the use of safety reins would provide jockeys and exercise riders greater protection from accidents and injuries than conventional reins. Should the board determine that the use of safety reins would provide greater protection for jockeys and exercise riders than conventional reins, it shall adopt a regulation no later than July 1, 2007, mandating the use of approved safety reins whenever a racehorse is ridden at a racetrack. The regulation adopted by the board may phase in the use of safety reins, but in the event safety reins are mandated, the board shall not permit the use of conventional reins in a parimutuel race for longer than 18 months following the adoption of the regulation. (c) The board shall approve any model of safety helmet, safety vest, and mandatory safety rein, if required, in use at a racetrack. (d) For the purposes of this section, a “safety rein” is a type of rein that is reinforced with a wire cable, nylon strap, or other safety device or material that is attached to the bit and designed to maintain control of the horse should the rein break. (e) For the purposes of this section, a “conventional rein” is any rein other than a safety rein. (Added by Stats. 2005, Ch. 329, Sec. 2. Effective January 1, 2006.)
  182. 19506.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. )

    Verify source ↗

    The board must approve and join a jockey health assessment study by July 1, 2006, form an advisory committee, prevent interference with the study, review the findings in public, and adopt regulations if the study shows current weight scales harm jockey health and safety.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 4.5. Jockeys [19500 - 19506] ( Article 4.5 added by Stats. 2005, Ch. 329, Sec. 2. ) ## 19506. No later than July 1, 2006, the board shall approve and participate in a health assessment study of jockeys that will provide information relevant to the determination of an appropriate jockey scale of weights and weight control practices that will maximize jockey health and safety. (a) The study shall be conducted under accepted scientific principles, shall be peer reviewed, and shall be performed under the auspices of a university based director with expertise in sports medicine, nutrition, or occupational safety and health. The study director shall be independent of the horse racing industry. (b) The board shall form a committee to provide input and advice on the design of the study. The committee shall include members of the board, and representatives of the Thoroughbred Owners of California, the Jockey’s Guild, the California Thoroughbred Trainers, the Pacific Coast Quarter Horse Racing Association, the California Authority of Racing Fairs and of the racetracks. However, the board shall insure that no member of the committee nor any other person shall attempt to improperly interfere with study design or execution or compromise its integrity. (c) The study shall be funded by private sources. Nothing in this section shall prevent the participation of racing regulatory bodies outside of California in the study. (d) Upon completion of the study the board shall review the findings at a public hearing. If the board determines, upon review of the study, that the current scale of weights for jockeys is detrimental to jockey health and safety, it shall adopt regulations to establish weight or body composition requirements appropriate to maintain jockeys in a healthy and safe physical condition. (Added by Stats. 2005, Ch. 329, Sec. 2. Effective January 1, 2006.)
  183. 1951.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    The dental hygiene board may discipline a licensee by placing the licensee on probation with terms such as training, examinations, practice limits, restitution, or community service.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1951. The dental hygiene board may discipline a licensee by placing the licensee on probation under various terms and conditions that may include, but are not limited to, the following: (a) Requiring the licensee to obtain additional training in a remedial education course approved by the dental hygiene board or pass an examination upon completion of training in a remedial education course approved by the dental hygiene board, or both. The examination may be a written or oral examination, or both, and may be a practical or clinical examination, or both, at the option of the dental hygiene board. (b) Requiring the licensee to submit to a complete diagnostic examination by one or more physicians appointed by the dental hygiene board, if warranted by the physical or mental condition of the licensee. If the dental hygiene board requires the licensee to submit to an examination, the dental hygiene board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee’s choice. (c) Restricting or limiting the extent, scope, or type of practice of the licensee. (d) Requiring restitution of fees to the licensee’s patients or payers of services, unless restitution has already been made. (e) Providing the option of alternative community service in lieu of all or part of a period of suspension in cases other than violations relating to quality of care. (Amended by Stats. 2021, Ch. 491, Sec. 7. (SB 534) Effective January 1, 2022.)
  184. 19510.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    Certain stewards and racing officials must be licensed by the board, licenses must include a current photo, and unlicensed participation in a horse race meeting is prohibited.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19510. (a) Every steward and racing official not required to be licensed under Article 4 (commencing with Section 19480) shall be licensed by the board pursuant to this article. Any license issued pursuant to this article shall include a current photograph of the licensed person. (b) No person required to be licensed pursuant to this article may participate in any capacity in any horse race meeting without a valid and unrevoked license. The board shall determine the fixed license fee which shall be paid in order to receive a license pursuant to this article. (c) As used in this section, “racing official” means the starter, timer, paddock judge, horseshoe inspector, horse identifier, official veterinarian, racing veterinarian, associate judge, placing judge, patrol judge, clerk of scales, clerk of the course, and any other person acting as an official at any horse racing meeting. (Amended (as amended by Stats. 2009, Ch. 650) by Stats. 2010, Ch. 53, Sec. 1. (AB 1152) Effective July 9, 2010. Operative January 1, 2011, pursuant to effective date of Stats. 2009, Ch. 650.)
  185. 19512.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    The board must require steward and official veterinarian license applicants to pass written and oral exams.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19512. (a) The board shall require applicants for license as a steward or as an official veterinarian to pass both a written and an oral examination. (b) The board may admit to the steward examination any person who meets all of the following qualifications: (1) Has not been convicted of a crime involving moral turpitude or of a felony. (2) Has been given a physical examination by a licensed physician and surgeon within 60 days prior to the date of application for the steward’s examination, indicating at least 20-20 vision or vision corrected to at least 20-20, and normal hearing ability. (3) Possesses at least one of the following qualifications: (A) Has at least five years of experience in the parimutuel horse racing industry as a licensed trainer, jockey, or driver. (B) Has at least 10 years of experience in the California parimutuel horse racing industry as a licensed owner whose experience, knowledge, ability, and integrity relative to the industry are known to the board. (C) Has at least three years of experience as a licensed racing official, racing secretary, assistant racing secretary, or director of racing. (D) Has experience in the horse racing industry of a character and for a length of time sufficient, as determined by the board, to qualify the person as having experience substantially equivalent to the experience described in subparagraph (A), (B), or (C). (c) The board may admit to the official veterinarian examination any person who meets all of the following qualifications: (1) Is currently licensed to practice veterinary medicine in this state. (2) Is currently in good standing with the California Veterinary Medical Board. (3) Has current veterinary malpractice insurance. (Amended by Stats. 2007, Ch. 77, Sec. 1. Effective January 1, 2008.)
  186. 19513.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    The board must prepare written and oral examinations, standardize them, tape-record oral examinations, provide a detailed subject outline on request, and treat steward’s license exam results as public record.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19513. (a) The board shall prepare both written and oral examinations. All examinations shall be standardized and, in the case of oral examinations, tape recorded. Written examinations may be administered by members of the board staff. Oral examinations for stewards shall be conducted by a panel of not less than three board members. Oral examinations for official veterinarians shall be conducted by a panel of not less than one board member, the equine medical director, and the executive director. (b) The board shall provide a detailed outline of the subjects to be covered by the oral and written examinations for a license to every person who requests the outline. (c) The results of the oral and written examinations for a steward’s license shall be a public record. (Amended by Stats. 2009, Ch. 650, Sec. 2. (AB 1575) Effective January 1, 2011.)
  187. 19514.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    Racing officials must be licensed by the board, under board-adopted rules and after payment of a board-set license fee.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19514. Racing officials shall be licensed by the board pursuant to rules and regulations that the board may adopt, and upon payment of a license fee fixed and determined by the board. (Added by Stats. 1991, Ch. 871, Sec. 8.)
  188. 19515.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    The board may set how long a license lasts, up to three years, and may create a fee schedule for those licenses.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19515. (a) A license issued under this article shall be issued for a period not to exceed three years, which the board may, by regulation, establish. The board may establish a license fee schedule consistent with the different period for which these licenses may be granted. (b) The license shall be valid at all horse racing meetings in this state during the period for which it is issued, unless it is suspended or revoked before the expiration of the period. (Amended by Stats. 2024, Ch. 354, Sec. 2. (AB 1768) Effective January 1, 2025.)
  189. 19516.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    The board may require a racing official or employee to be removed if it has reason to believe the person engaged in dishonest practice, failed to follow the licensee’s license conditions, or violated a law or board rule or regulation.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19516. The board may, at any time, require the removal of any racing official or employee in any case where it has reason to believe that the official or employee has been guilty of any dishonest practice in connection with horse racing, has failed to comply with any condition of the licensee’s license, or has violated any law or any rule or regulation of the board. (Amended by Stats. 2000, Ch. 1082, Sec. 45. Effective January 1, 2001.)
  190. 19517.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    The board may review and overrule most steward decisions in horse racing, but it cannot overrule race-finish decisions used for parimutuel payouts, and it cannot overrule horse-disqualification decisions for foul or riding/driving infractions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19517. (a) The board, upon due consideration, may overrule any steward’s decision other than a decision to disqualify a horse due to a foul or a riding or a driving infraction in a race, if a preponderance of the evidence indicates any of the following: (1) The steward mistakenly interpreted the law. (2) New evidence of a convincing nature is produced. (3) The best interests of racing and the state may be better served. (b) However, any decision pertaining to the finish of a race, as used for purposes of parimutuel fund distribution to winning ticketholders, may not be overruled. Furthermore, any decision pertaining to the distribution of purses may be changed only if a claim is made in writing to the board by one of the involved owners or trainers, and a preponderance of the evidence clearly indicates to the board that one or more of the grounds for protest, as outlined in regulations adopted by the board, has been substantiated. The chairperson of the board may issue a stay of execution pending appeal from a steward’s decision if the facts justify the action. (Amended by Stats. 1994, Ch. 1052, Sec. 1. Effective January 1, 1995.)
  191. 19517.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    In certain horse-racing enforcement proceedings, the respondent may choose a Board of Stewards or board-appointed hearing officer, the hearing must start within 90 days after the accusation is filed, and the licensee must post a bond at least 20 days before the hearing.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19517.5. (a) The respondent in an enforcement proceeding that alleges the use of a prohibited substance, as defined under class I, class II, or class III of the board’s schedule of prohibited substances, may elect to have the proceeding referred, for administrative adjudication and preparation of a proposed decision for action by the board, to either a Board of Stewards or a hearing officer appointed by the board. The board shall select the hearing officer from a pool jointly developed by a representative from each of the following organizations: (1) The board. (2) A racing association. (3) The trainers’ organization. (4) The horse owners’ organization. (b) The hearing before a duly appointed hearing officer or Board of Stewards shall commence no later than 90 days after the filing of the accusation. The hearing date may be extended only upon a showing of good cause to the earliest possible hearing date beyond the 90-day period, provided a written order and the reasons for the continuance are filed with the board. (c) No later than 20 days before the hearing, the licensee shall post a bond with the paymaster of purses for the amount of the purse or purses in question and received by the licensee. The bond shall be in cash, or a surety bond that meets the requirements of the board. (Amended by Stats. 2007, Ch. 417, Sec. 1. Effective January 1, 2008.)
  192. 19518.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. )

    Verify source ↗

    The board must contract with licensed stewards and veterinarians for horse racing meets, set up a board-member committee to meet with stewards at least quarterly, and pay remuneration and related testing costs.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5. Stewards and Racing Officials [19510 - 19518] ( Article 5 repealed and added by Stats. 1991, Ch. 871, Sec. 8. ) ## 19518. (a) (1) The board shall contract with persons licensed as stewards pursuant to this article to perform the duties of stewards at horse racing meets. The board shall also contract with licensed veterinarians pursuant to this article to perform the duties of official veterinarians at horse racing meets. Contracts shall be upon any terms that the board, the stewards, and the official veterinarians may mutually agree upon and may contain different rates of compensation based upon the experience of the steward or official veterinarian. (2) The board shall establish a committee of at least two board members to meet at least quarterly with representatives of the stewards, so that recommendations of the stewards can be discussed as necessary. These meetings may be scheduled the same day as regular board meetings or at the convenience of the board. Representatives of associations may attend and participate in these meetings, or portions thereof, when items directly affecting the associations are discussed. (3) The board shall provide remuneration, including any fringe benefits, to stewards, to the official veterinarian, and for the costs of laboratory testing relating to horse racing. (b) Stewards, official veterinarians, and other racing officials appointed or approved by the board, and while performing duties required by this chapter or by the board, shall be entitled to the same rights and immunities granted public employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. (c) The Legislature finds and declares that the services performed by stewards and official veterinarians at horse racing meetings are unique and cannot be performed adequately, competently, or satisfactorily by civil service personnel, and that the services cannot be adequately rendered by an existing public agency and do not duplicate the function of an existing public agency. Stewards and official veterinarians shall be personal service contractors of the board and shall not be civil service employees. (Amended by Stats. 2006, Ch. 400, Sec. 2. Effective January 1, 2007.)
  193. 1952.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. )

    Verify source ↗

    Licensed dental hygienists must not possess or use controlled substances, dangerous drugs, or intoxicating substances unlawfully or in a harmful way, and certain drug- or alcohol-related convictions can trigger discipline.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 9. Dental Hygienists [1900 - 1966.6] ( Article 9 added by Stats. 2008, Ch. 31, Sec. 47. ) ## 1952. It is unprofessional conduct for a person licensed under this article to do any of the following: (a) Obtain or possess in violation of law, or except as directed by a licensed physician and surgeon, dentist, or podiatrist, a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022. (b) Use a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or a dangerous drug as defined in Section 4022, or alcoholic beverages or other intoxicating substances, to an extent or in a manner dangerous or injurious to themselves, to any person, or the public to the extent that the use impairs the licensee’s ability to conduct with safety to the public the practice authorized by their license. (c) Be convicted of a charge of violating any federal statute or rules, or any statute or rule of this state, regulating controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug, as defined in Section 4022, or be convicted of more than one misdemeanor, or any felony, involving the use or consumption of alcohol or drugs, if the conviction is substantially related to the practice authorized by their license. (1) The record of conviction or a copy certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of a violation of this section. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section. (2) The dental hygiene board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under any provision of the Penal Code, including, but not limited to, Section 1203.4 of the Penal Code, allowing a person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. (Amended by Stats. 2019, Ch. 456, Sec. 42. (SB 786) Effective January 1, 2020.)
  194. 19520.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. )

    Verify source ↗

    Certain horse-racing participants must be licensed by the board, and licensed persons may not participate in a horse race meeting without a valid, unrevoked license.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. ) ## 19520. (a) (1) Every person not required to be licensed under Article 4 (commencing with Section 19480) who participates in, or has anything to do with, the racing of horses in any of the following capacities shall be licensed by the board pursuant to rules and regulations that the board may adopt and upon the payment of a license fee fixed and determined by the board: (A) Assistant trainer. (B) Association employee. (C) Bloodstock agent. (D) Corporate officer. (E) Driver. (F) Exercise rider. (G) Farrier. (H) Jockey. (I) Jockey agent. (J) Jockey apprentice. (K) Jockey valet. (L) Off-track wagering personnel. (M) Open claim owner. (N) Outrider. (O) Owner. (P) Parimutuel employee. (Q) Pony rider. (R) Safety personnel. (S) Special event personnel. (T) Stable agent. (U) Stable foreman. (V) Stableworker. (W) Stakeholder representative. (X) Trainer. (Y) Vendor or vendor employee. (Z) Veterinarian. (AA) Veterinarian assistant. (2) Any license issued pursuant to this article shall include a current photograph of the licensed person. (b) A person required to be licensed pursuant to this article shall not participate in any capacity in any horse race meeting without a valid and unrevoked license authorizing the participation. (c) The board may adopt regulations to require outrider license applicants to pass both a written and an oral examination and to authorize outriders to exercise the duties and powers of the board set forth in Section 19440 as are delegated by the board. (d) For purposes of this section, the following definitions apply: (1) “Assistant trainer” means a person employed by a trainer that has passed the board-issued trainer’s examination but fails to meet the board’s minimum qualifications for a trainer’s license. (2) “Association employee” means a person hired by a racing association that has access to the licensed inclosure. An “association employee” includes management of the racetrack and persons hired to work as maintenance, food service, media, security, and racing staff. (3) “Bloodstock agent” means a person who for gain, gratuity, commission, or reward, in either money or goods, acts as an agent for the sale or purchase of any racehorse not their own that is eligible to race at an authorized race meeting in the state. (4) “Corporate officer” means an officer, director, or partner, or an individual who holds 5 percent or more of outstanding shares, of an advance deposit wagering, mini-satellite wagering provider, simulcast service supplier, or totalizer company. (5) “Driver” means a person who drives and controls the horse from a seated position on a two-wheel sulky. (6) “Exercise rider” means a person mounted and exercising a horse within a licensed inclosure. (7) “Farrier” means a person responsible for shoeing and caring for equine hooves. A “farrier” is also interchangeably referred to as a “horseshoer” or “plater.” (8) “Jockey” means a race rider. (9) “Jockey agent” means a person who represents a jockey whose main responsibility is to arrange and book mounts. (10) “Jockey apprentice” means a race rider who otherwise meets the license qualifications of a jockey, but has not ridden the requisite number of winners, as established by the board. (11) “Jockey valet” means a person responsible for preparing both jockey and horse for racing. (12) “Off-track wagering personnel” means a person employed at an off-track simulcast wagering facility or a person employed to represent an organization overseeing off-track wagering at a simulcast location pursuant to section 19608.2. (13) “Open-claim owner” means a prospective owner of a horse entered into a claiming race. (14) “Outrider” means a person responsible for providing a safe environment during training or racing. (15) “Owner” means the owner, part owner, or lessee of a horse. An interest only in the earnings of a horse does not constitute ownership. (16) “Parimutuel employee” means a person hired to work for the company licensed to accept wagers on the outcome of a horse race. A “parimutuel employee” includes totalizer technicians and those persons employed by a licensed totalizer company. (17) “Pony rider” means a person riding a pony horse on training or race days. (18) “Safety personnel” means a person hired to provide security, medical services, or emergency services within a racing inclosure. (19) “Special event personnel” means a person who works for the Breeders’ Cup World Championships when the event is held at a board-licensed racing facility or a person who is otherwise hired for a temporary racing event. (20) “Stable agent” means a person who is the authorized representative of a stable or an owner that may act on their behalf in managing the schedule of races. (21) “Stable foreman” means a person in charge of daily operations in a racing stable. (22) “Stableworker” means a person employed at the operation of a stable at a board-licensed inclosure that is not more specifically described by another classification. This classification includes those who feed, groom, exercise, train, and conduct general care of horses. (23) “Stakeholder representative” means a person whose constituents are located within a licensed inclosure. This includes clergy, union representatives, and representatives from state-recognized organizations of trainers or horsepersons. (24) “Trainer” means a person who has passed the board’s trainer’s examination and otherwise meets the board’s qualifications for licensure as established pursuant to regulation. (25) “Vendor or vendor employee” means a person who provides goods or services related to horse racing at a facility licensed by the board. A “vendor” includes persons who access the licensed inclosure for the purpose of delivering equine supplies or transporting equines and maintenance workers, media, food service staff, jockey room staff, and stable staff. (26) “Veterinarian” means a California-licensed veterinarian. (27) “Veterinarian assistant” means a person employed by a board-licensed veterinarian. (Amended by Stats. 2025, Ch. 67, Sec. 16. (AB 1170) Effective January 1, 2026.)
  195. 19521.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. )

    Verify source ↗

    The board may set a license fee schedule, and licenses under this article may be issued for up to three years.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. ) ## 19521. (a) A license issued pursuant to this article shall be issued for a period not to exceed three years, which the board may, by regulation, establish. The board may establish a license fee schedule consistent with the different period for which the licenses may be granted. (b) The license shall be valid at all horse racing meetings in this state during the period for which it is issued, unless it is suspended or revoked before the expiration of the period. (Amended by Stats. 2024, Ch. 354, Sec. 3. (AB 1768) Effective January 1, 2025.)
  196. 19522.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. )

    Verify source ↗

    The board must set requirements for satellite facility supervisors, and certain low-handle fair satellite facilities may opt out if specific conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. ) ## 19522. (a) The board shall also set forth requirements for the position of satellite facility supervisor for all satellite wagering facilities operated by the state or on public land. The satellite facility supervisor shall, among other things, monitor the performance of licensees at the facilities. (b) A fair satellite facility generating less than ten million dollars ($10,000,000) annually in total handle may elect not to be subject to the requirements of this section if the board of directors of the fair satellite facility, after a public hearing, deems those requirements to be not economically feasible and all of the following requirements are met: (1) Thirty days prior to the public hearing, the fair board notifies the board in writing of its intention to take the action described in this subdivision. (2) The fair satellite facility shall continue to abide by all laws and regulations pertaining to the operation of a satellite facility, including the responsibilities of the position of satellite facility supervisor. (3) Notice of the fair board’s action shall be provided to the board within 10 days of approval by the fair board. Notice shall include the name and contact information of the individual or individuals assuming the responsibilities of the position of satellite facility supervisor. (Amended by Stats. 2011, Ch. 393, Sec. 1. (AB 270) Effective January 1, 2012.)
  197. 19523.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. )

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    The board may require the removal of a racing official or employee if it believes the person engaged in dishonest practice, failed to comply with a license condition, or violated a law or board rule.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. ) ## 19523. The board may, at any time, require the removal of any racing official or employee in any case where it has reason to believe that the official or employee has been guilty of any dishonest practice in connection with horse racing, has failed to comply with any condition of the licensee’s license, or has violated any law or any rule or regulation of the board. (Amended by Stats. 2000, Ch. 1082, Sec. 49. Effective January 1, 2001.)
  198. 19525.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. )

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    This section requires written and signed documentation for equine sales, purchases, and transfers, restricts dual agency and certain compensation above $500 without disclosure and consent, allows principal access to financial records on request, and lets injured persons seek treble damages.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. ) ## 19525. (a) For purposes of this section, “equine” means a horse of any breed used for racing or showing, including prospective racehorses, breeding prospects, stallions, stallion seasons, broodmares, yearlings, or weanlings, or any interest therein. (b) Any sale, purchase, or transfer of an equine shall be both of the following: (1) Accompanied by a written bill of sale or acknowledgment of purchase setting forth the purchase price. (2) Signed by both the purchaser and the seller or their duly authorized agents or, in a transaction solely relating to a season or fractional interest in a stallion, signed by the syndicate manager or stallion manager. (c) When a transaction described in subdivision (b) is accomplished through a public auction, the bill of sale requirement may be satisfied by the issuance of an auction receipt generated by the auction house and signed by the purchaser or an agent whom the purchaser has authorized. (d) It is unlawful for a person to act as a “dual agent,” which is hereby defined as a person acting as an agent for both the purchaser and the seller, in a transaction involving the sale, purchase, or transfer of an interest in an equine without the prior knowledge of both the purchaser and seller, and the written consent of both the purchaser and seller. (e) It is unlawful for a person acting as an agent for either a purchaser or a seller or acting as a dual agent in a transaction involving the sale, purchase, or transfer of an equine to receive in excess of five hundred dollars ($500) worth of compensation, fees, gratuities, or other items of value, related directly or indirectly to that transaction, from an individual or entity, including any consigner involved in the transaction, other than the agent’s principal, unless both of the following occur: (1) The agent receiving the item of value and the individual or entity giving the item of value disclose the transfer of that item of value in writing to the principal or principals for whom the agent is acting. (2) Each principal for whom the agent is acting consents thereto in writing. (f) Any person acting as an agent for a purchaser or seller or acting as a dual agent in a transaction involving the sale, purchase, or transfer of an equine shall, upon request by his or her principal or principals, provide to the requesters copies of all financial records in the possession or control of the agent pertaining to the transaction. For purposes of this subdivision, financial records shall not include the agent’s or owner’s work product used to internally evaluate the equine. (g) Any person injured by a violation of this section shall recover treble damages from persons or entities violating this section. (h) No contract or agreement for payment of a commission, fee, gratuity, or any other form of compensation in connection with any sale, purchase, or transfer of an equine shall be enforceable by way of an action or defense unless both of the following occur: (1) The contract or agreement is in writing and is signed by the party against whom enforcement is sought. (2) The recipient of the compensation provides a written bill of sale or auction receipt for the transaction in accordance with paragraph (1) of subdivision (b) and subdivision (c) respectively. (i) The board may suspend or revoke the license of any person who violates this section. (j) Subdivisions (g) and (h) shall not apply to the acts or omissions of an entity or individual engaged in conducting a public auction of an equine, or the entity or individual’s employees or agents, if both of the following conditions apply: (1) The acts or omissions of the entity, individual, employee, or agent are in furtherance of or pursuant to the conduct of the public auction of an equine. (2) The entity or individual is appropriately licensed or authorized to conduct that specific public auction by the California Horse Racing Board and any other governmental entity whose permission or authorization is required to conduct the auction. (Repealed and added by Stats. 2009, Ch. 42, Sec. 2. (SB 254) Effective January 1, 2010.)
  199. 19526.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. )

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    Trainers must keep detailed payroll records and provide them to employees, the board, certain agencies, and a pension fund administrator when requested or by set deadlines.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.5. Other Licenses [19520 - 19526] ( Article 5.5 added by Stats. 1991, Ch. 871, Sec. 9. ) ## 19526. (a) Each trainer shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, paid to each of his or her employees. (b) The payroll records enumerated under subdivision (a) shall be available for inspection at all reasonable hours at the principal office of the trainer on the following basis: (1) A copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative upon request. (2) A copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the board and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) On or before January 31 of each year, each trainer shall provide copies of federal W-2 and 1099 tax forms for his or her backstretch employees for the previous calendar year to the administrator of the pension fund for backstretch employees. (c) The payroll records described in this section shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (d) A trainer shall make the records enumerated in subdivision (a) available to an employee or his or her authorized representative within 10 days after receipt of a written request. (e) The trainer shall inform the board of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. (f) In addition to any other penalty imposed by law, any trainer who fails to provide access to the records enumerated in subdivision (a) to the board, the employee or his or her authorized representative, the administrator of the pension or welfare funds, or to the Division of Labor Standards enforcement as required by law shall be subject to suspension of his or her license. (g) Except for trainers covered by an operative collective bargaining agreement pursuant to Section 19613.7, the board may require, as a condition of issuing or renewing a trainer’s license, that the trainer submit a declaration that they have maintained true and correct payroll records and have complied with the requirements of the Labor Code and applicable wage orders of the Industrial Welfare Commission. (h) The Labor Commissioner shall establish and maintain a program to audit the payroll records of trainers who are not parties to a collective bargaining agreement entered pursuant to Article 2.5 (commencing with Section 19455) and who operate in California for 90 or more racing days in a calendar year, in a manner to ensure that every subject licensee is audited at least once prior to January 1, 2006. Evidence of substantial noncompliance with the Labor Code and applicable wage orders of the Industrial Welfare Commission shall be referred by the board to the Labor Commissioner. (Added by Stats. 2001, Ch. 198, Sec. 6. Effective January 1, 2002.)
  200. 19527.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.6. Interstate Compact on Horse Racing Occupational Licensing [19527 - 19528] ( Article 5.6 added by Stats. 2001, Ch. 935, Sec. 1. )

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    This section explains the purpose of the interstate horse racing occupational licensing compact and gives the California Horse Racing Board and the compact committee stated powers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 4. Horse Racing [19400 - 19668] ( Chapter 4 repealed and added by Stats. 1959, Ch. 1828. ) ## ARTICLE 5.6. Interstate Compact on Horse Racing Occupational Licensing [19527 - 19528] ( Article 5.6 added by Stats. 2001, Ch. 935, Sec. 1. ) ## 19527. The Legislature finds and declares all of the following: (a) The Association of Racing Commissioners International has proposed a compact providing for the licensure of individuals involved in the horse racing industry. (b) The intent of this compact is to preclude the necessity of individual owners, trainers, backstretch employees, and other race track personnel from having to be separately licensed in each state in which they may conduct business. (c) This compact would provide for an individual to be licensed by the compact committee created therein, and thus be able to practice his or her profession in all states that are members of the compact. (d) The purpose of the compact is to: (1) Establish uniform requirements among the party states for the licensing of participants in live horse racing with parimutuel wagering, and ensure that all participants who are licensed pursuant to this compact meet a uniform minimum standard of honesty and integrity. (2) Facilitate the growth of the horse racing industry in each party state and nationwide by simplifying the licensing process for participants in the live racing industry, and reduce the duplicative and costly process of separate licensing by the applicable regulatory agency in each state. (3) Authorize the California Horse Racing Board to participate in this compact. (4) Provide for participation in this compact by officials of the party states, and permit those officials, through the compact committee established by the compact, to enter into contracts with governmental agencies and nongovernmental persons and entities to carry out the purposes of this compact. (5) Establish the compact committee created by this compact as an interstate governmental entity duly authorized to request and receive criminal history record information from the Federal Bureau of Investigation, other federal law enforcement agencies, and state and local law enforcement agencies. (Added by Stats. 2001, Ch. 935, Sec. 1. Effective January 1, 2002.)

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