Business and Professions Code — Part 42 | BPC — United States — California law | Esheria

Business and Professions Code

Part 42 of 52 · provisions 8,201–8,400

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

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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. 6732.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A qualified photogrammetry certificate holder may apply for a certificate of authority to use the title “consulting engineer” if the application uses the board’s form, includes the required fees, and shows five years of qualifying independent control experience.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6732.2. Any person who possesses a valid certificate to practice photogrammetry issued to him under the provisions of Chapter 15 (commencing with Section 8700) of this division may apply for, and be issued, a certificate of authority to use the title “consulting engineer,” if all of the following requirements are satisfied: (a) Application is made on a form provided by the board and is accompanied by the fees prescribed in Section 8805. (b) Information submitted evidences to the satisfaction of the board that the applicant has had five years of independent control in furnishing consulting photogrammetric, geodetic, or topographic surveying services or consulting surveying services in connection with fixed works as defined in Section 6731. Authority to use the title “consulting engineer” granted under this section does not affect authorizations made under the several provisions provided in Section 6732.1. Authority to use the title “consulting engineer” granted under this section shall remain valid only while its holder’s basic license is valid, and if it lapses it may be renewed only as provided in Article 7 (commencing with Section 6795). The provisions of Article 5 (commencing with Section 6775), Article 6 (commencing with Section 6785), and Article 7 (commencing with Section 6795), of this chapter, shall apply to the certificates issued as provided in this section and to the persons so certificated. (Added by Stats. 1970, Ch. 888.)
  2. 6732.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Some licensed engineers may keep using certain branch and professional titles, and they must follow the chapter’s license renewal rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6732.3. (a) Any person who has received from the board a license in corrosion, manufacturing, quality, or safety engineering, and who holds a valid license under this chapter, may continue to use the branch title of the branch in which the professional engineer is legally licensed. A person holding a license in corrosion, manufacturing, quality, or safety engineering is subject to the license renewal provisions of this chapter. (b) The professional engineer also may continue to use the title of “professional engineer,” “licensed engineer,” “registered engineer,” or “consulting engineer.” (Amended by Stats. 2006, Ch. 658, Sec. 96. Effective January 1, 2007.)
  3. 6732.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Applicants who passed the specified engineer exams before the stated dates must be issued the matching registration, and the board may not give those exams after the cutoff dates.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6732.4. (a) Notwithstanding any other provision of law, any person who has applied for registration as a corrosion, quality, or safety engineer, and who has completed the written examination in one or more of these branch titles prior to January 1, 1999, shall be issued a registration in the branch title for which the applicant was examined, provided that he or she has met all other qualifications for registration. The board shall not administer any examination for registration as a corrosion, quality, or safety engineer on or after January 1, 1999. (b) Notwithstanding any other provision of law, any person who has applied for registration as a manufacturing engineer, and who has completed the written examination for this branch title prior to January 1, 2004, shall be issued a registration as a manufacturing engineer, provided that he or she has met all other qualifications for registration. The board shall not administer any examination for registration as a manufacturing engineer on or after January 1, 2004. (Amended by Stats. 2003, Ch. 789, Sec. 17. Effective January 1, 2004.)
  4. 6732.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    If a national exam for an engineering branch is discontinued, the board does not have to give that branch’s exam or issue licenses in that branch. Licensed persons in the affected branch may keep using the branch title, must follow renewal rules, and may also keep using certain professional engineer titles.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6732.5. (a) Upon the discontinuance of a national examination for a branch specified in this chapter, the board shall not be required to administer an examination for a license in that branch or be required to issue licenses in that branch. (b) Any person who has received from the board a license in a branch for which the national examination is discontinued, and who holds a valid license under this chapter, may continue to use the branch title of the branch in which the professional engineer is legally licensed. A person holding a license in the affected branch of engineering is subject to the license renewal provisions of this chapter. The professional engineer may also continue to use the title of “professional engineer,” “licensed engineer,” or “consulting engineer.” (Added by Stats. 2006, Ch. 658, Sec. 97. Effective January 1, 2007.)
  5. 6733.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A person must not stamp or seal certain documents with a registrant’s seal after the registrant’s certificate has expired, been suspended, or been revoked, unless the certificate has been renewed or reissued.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6733. It is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant, named thereon, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued. (Repealed and added by Stats. 1951, Ch. 1709.)
  6. 6734.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A person is treated as practicing civil engineering if they say they are a civil engineer or are in responsible charge of civil engineering work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6734. Any person practices civil engineering when he professes to be a civil engineer or is in responsible charge of civil engineering work. (Repealed and added by Stats. 1951, Ch. 1709.)
  7. 6734.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A person is treated as practicing electrical engineering if they hold themselves out as an electrical engineer or are in responsible charge of electrical engineering work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6734.1. Any person practices electrical engineering when he professes to be an electrical engineer or is in responsible charge of electrical engineering work. (Amended by Stats. 1977, Ch. 526.)
  8. 6734.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A person is treated as practicing mechanical engineering if they hold themselves out as a mechanical engineer or are in responsible charge of mechanical engineering work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6734.2. Any person practices mechanical engineering when he professes to be a mechanical engineer or is in responsible charge of mechanical engineering work. (Amended by Stats. 1977, Ch. 526.)
  9. 6735.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Civil engineering documents must be prepared by or under the responsible charge of a licensed civil engineer, and they must carry the engineer’s name, license number, and required signature/seal markings.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6735. (a) All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as “documents”) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary,” “not for construction,” “for plan check only,” or “for review only.” All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet. (b) Notwithstanding subdivision (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage. (Amended by Stats. 2015, Ch. 430, Sec. 4. (AB 181) Effective January 1, 2016.)
  10. 6735.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Signing certain civil engineering documents does not by itself create a duty to supervise construction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6735.1. The signing of civil engineering plans, specifications, reports, or documents which relate to the design of fixed works shall not impose a legal duty or responsibility upon the person signing the plans, specifications, reports, or documents to supervise the construction of engineering structures or the construction of the fixed works which are the subject of the plans, specifications, reports, or documents. However, nothing in this section shall preclude a civil engineer and a client from entering into a contractual agreement which includes a mutually acceptable arrangement for the provision of construction supervision services. Nothing contained in this subdivision shall modify the liability of a civil engineer who undertakes, contractually or otherwise, the provision of construction supervision services for rendering those services. (Added by Stats. 1985, Ch. 1507, Sec. 3.)
  11. 6735.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Licensed electrical engineers must name and number their documents and sign, seal, stamp, and date certain plans, calculations, and reports; later unauthorized changes do not make the signer responsible for resulting damage if the signer’s work was not also a proximate cause.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6735.3. (a) All electrical engineering plans, specifications, calculations, and reports (hereinafter referred to as “documents”) prepared by, or under the responsible charge of, a licensed electrical engineer shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary,” “not for construction,” “for plan check only,” or “for review only.” All electrical engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final electrical engineering calculations and reports shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. If electrical engineering plans are required to be signed and sealed and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If electrical engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet. (b) Notwithstanding subdivision (a), a licensed electrical engineer who signs electrical engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed electrical engineer who originally signed the documents, provided that the engineering service rendered by the electrical engineer who signed the documents was not also a proximate cause of the damage. (Amended by Stats. 2009, Ch. 368, Sec. 2. (AB 645) Effective January 1, 2010.)
  12. 6735.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Licensed mechanical engineers must identify, sign, seal, and date certain mechanical engineering documents, with extra marking rules for interim, multi-sheet, and multi-page documents.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6735.4. (a) All mechanical engineering plans, specifications, calculations, and reports (hereinafter referred to as “documents”) prepared by, or under the responsible charge of, a licensed mechanical engineer shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as “preliminary,” “not for construction,” “for plan check only,” or “for review only.” All mechanical engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final mechanical engineering calculations and reports shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. If mechanical engineering plans are required to be signed and sealed and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If mechanical engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet. (b) Notwithstanding subdivision (a), a licensed mechanical engineer who signs mechanical engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed mechanical engineer who originally signed the documents, provided that the engineering service rendered by the mechanical engineer who signed the documents was not also a proximate cause of the damage. (Amended by Stats. 2009, Ch. 368, Sec. 3. (AB 645) Effective January 1, 2010.)
  13. 6735.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A registered professional engineer using “certify” or “certification” in professional engineering or land surveying is making a professional opinion, not a warranty or guarantee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6735.5. The use of the word “certify” or “certification” by a registered professional engineer in the practice of professional engineering or land surveying constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. (Added by Stats. 1986, Ch. 229, Sec. 3.)
  14. 6735.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A registered civil engineer who must provide as-built, as-constructed, or record plans for improvements or grading must base those plans on specified observations and information, and may not include a certificate or statement that conflicts with this section.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6735.6. If a registered civil engineer is required to provide as built, as constructed, or record plans for improvements or grading, which plans show changes during the construction process, the following shall apply: (a) If the registered civil engineer provided construction phase services on the project that include supervision of the construction of engineering structures, the plans shall be based upon the field observations of the registered civil engineer and his or her agents, and information received from the project owner, project contractors, and public agencies. (b) If the registered civil engineer did not provide construction phase services on the project that include supervision of the construction of engineering structures, the plans shall be based on information received from the project owner, project contractors, and public agencies, but need not be based upon a field verification or investigation of the improvements or grades, unless the registered civil engineer is engaged to provide such field verification services. (c) The registered civil engineer shall not be required to include a certificate or statement on as built, as constructed, or record plans that is inconsistent with or varies from the provisions of this section. (Added by Stats. 1992, Ch. 275, Sec. 1. Effective January 1, 1993.)
  15. 6736.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A person may not use the title “structural engineer” or its abbreviations unless they are a licensed civil engineer in this state and have been found qualified as a structural engineer under the board’s rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6736. No person shall use the title, “structural engineer,” or any combination of these words or abbreviations thereof, unless he or she is a licensed civil engineer in this state and unless he or she has been found qualified as a structural engineer according to the rules and regulations established for structural engineers by the board. (Amended by Stats. 2005, Ch. 657, Sec. 4. Effective January 1, 2006.)
  16. 6736.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A person may not use the titles “soil engineer,” “soils engineer,” or “geotechnical engineer” unless they are a licensed civil engineer in this state, apply to the board, and are found qualified.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6736.1. (a) No person shall use the title, “soil engineer,” “soils engineer,” or “geotechnical engineer,” or any combination of these words or abbreviations thereof, unless he or she is a licensed civil engineer in this state and files an application to use the appropriate title with the board and the board determines the applicant is qualified to use the requested title. (b) The board shall establish qualifications and standards to use the title “soil engineer,” “soils engineer,” or “geotechnical engineer.” However, each applicant shall demonstrate a minimum of four years qualifying experience beyond that required for licensure as a civil engineer, and shall pass the examination specified by the board. (c) For purposes of this section, “qualifying experience” means proof of responsible charge of soil engineering projects in at least 50 percent of the major areas of soil engineering, as determined by the board. (d) Nothing contained in this chapter requires existing references to “soil engineering,” “soils engineering,” “geotechnical engineering,” “soil engineer,” “soils engineer,” or “geotechnical engineer,” in local agency ordinances, building codes, regulations, or policies, to mean that those activities or persons must be registered or authorized to use the relevant title or authority. (Amended by Stats. 2005, Ch. 657, Sec. 5. Effective January 1, 2006.)
  17. 6737.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    An architect with the required California architecture certificate is exempt from registration under this chapter while practicing architecture.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6737. An architect, who holds a certificate to practice architecture in this State under the provisions of Chapter 3 of Division 3 of this code insofar as he practices architecture in its various branches, is exempt from registration under the provisions of this chapter. (Repealed and added by Stats. 1951, Ch. 1709.)
  18. 6737.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section allows people to prepare plans, drawings, or specifications for certain small woodframe buildings, but it limits unlicensed design of larger clustered dwelling projects and lets the building official require licensed preparation if an exempt structure departs from conventional framing rules.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6737.1. (a) This chapter does not prohibit any person from preparing plans, drawings, or specifications for any of the following: (1) Single-family dwellings of woodframe construction not more than two stories and basement in height. (2) Multiple dwellings containing no more than four dwelling units of woodframe construction not more than two stories and basement in height. However, this paragraph shall not be construed as allowing an unlicensed person to design multiple clusters of up to four dwelling units each to form apartment or condominium complexes where the total exceeds four units on any lawfully divided lot. (3) Garages or other structures appurtenant to buildings described under subdivision (a), of woodframe construction not more than two stories and basement in height. (4) Agricultural and ranch buildings of woodframe construction, unless the building official having jurisdiction deems that an undue risk to the public health, safety or welfare is involved. (b) If any portion of any structure exempted by this section deviates from substantial compliance with conventional framing requirements for woodframe construction found in the most recent edition of Title 24 of the California Code of Regulations or tables of limitation for woodframe construction, as defined by the applicable building code duly adopted by the local jurisdiction or the state, the building official having jurisdiction shall require the preparation of plans, drawings, specifications, or calculations for that portion by, or under the responsible charge of, a licensed engineer, or by, or under the responsible control of, an architect licensed pursuant to Chapter 3 (commencing with Section 5500). The documents for that portion shall bear the stamp and signature of the licensee who is responsible for their preparation. (Amended by Stats. 2003, Ch. 607, Sec. 27. Effective January 1, 2004.)
  19. 6737.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A registered civil engineer may practice or offer to practice engineering when it is connected with or supplementary to civil engineering studies or activities.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6737.2. Nothing in this chapter shall prohibit a civil engineer, registered under the provisions of this chapter, from practicing or offering to practice any engineering in connection with or supplementary to civil engineering studies or activities as defined in Section 6731. (Added by Stats. 1967, Ch. 1463.)
  20. 6737.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A licensed contractor is exempt from this chapter’s electrical or mechanical engineering rules if the covered services are performed by, or under the responsible charge of, a registered engineer. The contractor may also design certain installation work and prepare shop or field drawings for contracted work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6737.3. A contractor licensed under Chapter 9 (commencing with Section 7000) of Division 3 is exempt from the provisions of this chapter relating to the practice of electrical or mechanical engineering so long as the services he or she holds himself or herself out as able to perform or does perform, which services are subject to the provisions of this chapter, are performed by, or under the responsible charge of a registered electrical or mechanical engineer insofar as the electrical or mechanical engineer practices the branch of engineering for which he or she is registered. This section shall not prohibit a licensed contractor, while engaged in the business of contracting for the installation of electrical or mechanical systems or facilities, from designing those systems or facilities in accordance with applicable construction codes and standards for work to be performed and supervised by that contractor within the classification for which his or her license is issued, or from preparing electrical or mechanical shop or field drawings for work which he or she has contracted to perform. Nothing in this section is intended to imply that a licensed contractor may design work which is to be installed by another person. (Amended by Stats. 2003, Ch. 607, Sec. 28. Effective January 1, 2004.)
  21. 6739.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    U.S. officers and employees who practice only in that role are exempt from registration under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6739. Officers and employees of the United States of America practicing solely as such officers or employees are exempt from registration under the provisions of this chapter. (Repealed and added by Stats. 1951, Ch. 1709.)
  22. 6740.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A subordinate engineer is exempt from licensure when acting only in that subordinate role, but the exemption does not allow independent engineering practice or use of certain titles.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6740. A subordinate to a civil, electrical or mechanical engineer licensed under this chapter, or a subordinate to a civil, electrical or mechanical engineer exempted from licensure under this chapter, insofar as he or she acts solely in that capacity, is exempt from licensure under the provisions of this chapter. This exemption, however, does not permit any such subordinate to practice civil, electrical or mechanical engineering in his or her own right or to use the titles listed in Sections 6732, 6736, and 6736.1. (Amended by Stats. 2006, Ch. 658, Sec. 99. Effective January 1, 2007.)
  23. 6741.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Certain out-of-state engineers and related entities are exempt from this chapter’s registration requirement if they meet specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6741. Any person, firm, partnership, or corporation is exempt from registration under the provisions of this chapter who meets all the following: (a) Is a nonresident of the State of California. (b) Is legally qualified in another state to practice as a civil, electrical, or mechanical engineer. (c) Does not maintain a regular place of business in this state. (d) Offers to but does not practice civil, electrical, or mechanical engineering in this state. (Amended by Stats. 2000, Ch. 1006, Sec. 15. Effective January 1, 2001.)
  24. 6742.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Licensed real estate brokers or salespersons are exempt from registration when they make appraisals or valuations of real estate while acting in that capacity.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6742. Any person, firm, or corporation holding a license as real estate broker or real estate salesperson, when making appraisals and valuations of real estate properties, while engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson, within the meaning of the Real Estate Law is exempt from registration under the provisions of this chapter. (Amended by Stats. 2016, Ch. 177, Sec. 1. (AB 685) Effective January 1, 2017.)
  25. 6743.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section says Chapter 7 does not affect the surveyors chapter unless it is expressly made applicable.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6743. This chapter does not affect Chapter 15 of Division 3 of this code, relating to surveyors, except insofar as this chapter is expressly made applicable. (Added by Stats. 1951, Ch. 1709.)
  26. 6744.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Registration is not required for certain civil engineering work done on owned or leased property, unless the work involves public health or safety or employee safety.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6744. This chapter does not require registration for the purpose of practicing civil engineering, by an individual, a member of a firm or partnership, or by an officer of a corporation on or in connection with property owned or leased by the individual, firm, partnership, or corporation, unless the civil engineering work to be performed involves the public health or safety or the health and safety of employees of the individual, firm, partnership or corporation. (Added by Stats. 1951, Ch. 1709.)
  27. 6745.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This section says the chapter does not stop any person, firm, or corporation from providing certain labor and materials for listed types of work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6745. This chapter does not prohibit any person, firm or corporation from furnishing, either alone or with subcontractors, labor and materials, with or without plans, drawings, specifications, instruments of service or other data covering such labor and materials: (a) For store fronts, interior alterations or additions, fixtures, cabinet work, furniture or other appliances or equipment. (b) For any work necessary to provide for their installation. (c) For any alterations or additions to any building necessary to or attendant upon the installation of such store fronts, interior alterations or additions, fixtures, cabinet work, furniture, appliances or equipment; provided, such alterations do not affect the structural safety of the building. (Added by Stats. 1951, Ch. 1709.)
  28. 6746.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Certain plans, specifications, reports, and documents about communication lines or equipment are exempt from this chapter when prepared by covered communications-company employees or by contractors working on communication equipment for those companies.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6746. Plans, specifications, reports and documents relating to communication lines and equipment prepared by employees of communications companies which come under the jurisdiction of the Public Utilities Commission, and by employees of contractors while engaged in work on communication equipment for communications companies which come under the jurisdiction of the Public Utilities Commission, are not subject to the provisions of this chapter. (Amended by Stats. 1957, Ch. 1708.)
  29. 6746.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Certain communications-industry employees and contractor employees working on communications equipment are exempt from this chapter’s licensure provisions, but they may not use listed professional engineer titles unless licensed.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6746.1. The provisions of this chapter pertaining to licensure of professional engineers, other than civil engineers, do not apply to employees in the communications industry, nor to the employees of contractors while engaged in work on communications equipment. However, those employees may not use any of the titles listed in Sections 6732, 6736, and 6736.1, unless licensed. (Added by Stats. 2006, Ch. 658, Sec. 100. Effective January 1, 2007.)
  30. 6747.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    This chapter generally does not apply to engineering work done by certain industrial corporations or their employees when the work is connected to that corporation’s products, systems, or services.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6747. (a) This chapter, except for those provisions that apply to civil engineers and civil engineering, shall not apply to the performance of engineering work by a manufacturing, mining, public utility, research and development, or other industrial corporation, or by employees of that corporation, provided that work is in connection with, or incidental to, the products, systems, or services of that corporation or its affiliates. (b) For purposes of this section, “employees” also includes consultants, temporary employees, contract employees, and those persons hired pursuant to third-party contracts. (Amended by Stats. 1997, Ch. 705, Sec. 3. Effective January 1, 1998.)
  31. 6748.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    Engineering work in certain nuclear powerplant settings must be approved by a registered professional engineer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6748. (a) Notwithstanding Section 6747, this chapter applies to engineering work approved by a person employed by a privately or publicly owned utility in the planning, designing, construction, operation, or maintenance of a nuclear powerplant which is owned or operated by the utility. (b) Any engineering work subject to subdivision (a) shall be approved by a professional engineer registered in the applicable discipline of engineering specified in Section 6732. (Added by Stats. 1987, Ch. 368, Sec. 1.)
  32. 6749.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. )

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    A professional engineer must use a written contract for professional engineering services, and it generally must be signed before work starts unless the client gives a written statement allowing work to begin earlier.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 3. Application of Chapter [6730 - 6749] ( Heading of Article 3 amended by Stats. 1967, Ch. 1463. ) ## 6749. (a) A professional engineer shall use a written contract when contracting to provide professional engineering services to a client pursuant to this chapter. The written contract shall be executed by the professional engineer and the client or the client’s representative prior to the professional engineer commencing work, unless the client knowingly states in writing that work may be commenced before the contract is executed. The written contract shall include, but not be limited to, all of the following: (1) A description of the services to be provided to the client by the professional engineer. (2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties. (3) The name, address, and license or certificate number of the professional engineer, and the name and address of the client. (4) A description of the procedure that the professional engineer and the client will use to accommodate additional services. (5) A description of the procedure to be used by both parties to terminate the contract. (6) Disclosure of any existence of a current professional liability insurance policy covering the professional engineer in responsible charge of the services. (b) This section shall not apply to any of the following: (1) Professional engineering services rendered by a professional engineer for which the client will not pay compensation. (2) A professional engineer who has a current or prior contractual relationship with the client to provide engineering services, and that client has paid the professional engineer all of the fees that are due under the contract. (3) If the client knowingly states in writing after full disclosure of this section that a contract which complies with the requirements of this section is not required. (4) Professional engineering services rendered by a professional engineer to any of the following: (A) A professional engineer licensed or registered under this chapter. (B) A land surveyor licensed under Chapter 15 (commencing with Section 8700). (C) An architect licensed under Chapter 3 (commencing with Section 5500). (D) A contractor licensed under Chapter 9 (commencing with Section 7000). (E) A geologist or a geophysicist licensed under Chapter 12.5 (commencing with Section 7800). (F) A manufacturing, mining, public utility, research and development, or other industrial corporation, if the services are provided in connection with or incidental to the products, systems, or services of that corporation or its affiliates. (G) A public agency. (c) “Written contract” as used in this section includes a contract that is in electronic form. (Amended by Stats. 2024, Ch. 588, Sec. 8. (AB 3253) Effective January 1, 2025.)
  33. 675.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. )

    Verify source ↗

    Providers of unaccredited nursing courses must tell applicants in writing that the course is not accredited and will not qualify them for board examinations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. ) ## 675. Every person, firm, association, partnership, or corporation offering a course of instruction in any type of nursing, including vocational nursing or practical nursing, which course of instruction is not accredited by the Board of Registered Nursing or by the Board of Vocational Nursing and Psychiatric Technicians and completion of which will not qualify a person to take any examination given by either board shall notify an applicant for admission thereto that the course of instruction is not accredited by either board and that completion thereof will not qualify the person to take any examination given by either board. The notice required by this section shall be in writing in at least 12-point boldface type, and in no event less than two points larger than the type in any other portion of the notice or contract, and shall be given to an applicant prior to the signing of any contract by the applicant or, if no contract is signed, prior to the making of any deposit or other payment by the applicant. If an applicant is required to sign a contract in order to enroll in the course of instruction, the notice required by this section shall be contained in the contract directly above the place for the applicant’s signature. (Amended by Stats. 1997, Ch. 759, Sec. 8. Effective January 1, 1998.)
  34. 6750.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

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    Applicants for professional engineer or engineer-in-training licensure must file the application with the board on the prescribed form, under oath, and pay the required fee; professional engineer applicants must also state the branch of engineering. The board may let a specified organization collect examination fees directly from applicants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6750. (a) An application for licensure as a professional engineer or certification as an engineer-in-training shall be made to the board on the prescribed form, with all statements made therein under oath, and shall be accompanied by the fee prescribed by this chapter. An application for licensure as a professional engineer shall specify, additionally, the branch of engineering in which the applicant desires licensure. (b) The board may authorize an organization specified by the board pursuant to Section 6754 to receive directly from applicants payment of the examination fees charged by that organization as payment for examination materials and services. (Amended by Stats. 2010, Ch. 415, Sec. 10. (SB 1491) Effective January 1, 2011.)
  35. 6751.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Applicants for engineer-in-training certification and professional engineer licensure must meet listed eligibility requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6751. (a) The applicant for certification as an engineer-in-training shall comply with all of the following: (1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (2) Successfully pass the first division of the examination. (3) Satisfactorily complete three years or more of postsecondary engineering education, three years or more of engineering experience, or a combination of postsecondary education and experience in engineering totaling three years. (b) The board need not verify the applicant’s eligibility for certification as an engineer-in-training other than to require the applicant to sign a statement of eligibility on the application form. (c) The applicant for licensure as a professional engineer shall comply with all of the following: (1) Not have committed acts or crimes constituting grounds for denial of licensure under Section 480. (2) Furnish evidence of six years or more of qualifying experience in engineering work satisfactory to the board evidencing that the applicant is competent to practice the character of engineering in the branch for which he or she is applying for licensure. (3) Be certified as an engineer-in-training in this state, be certified as an engineer-in-training or engineer intern in another state or territory of the United States, or be exempt therefrom. (4) Successfully pass the second division of the examination. (Amended by Stats. 2016, Ch. 236, Sec. 1. (SB 1165) Effective January 1, 2017.)
  36. 6751.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may consider applicants’ professional experience and education from outside the United States if it finds them equivalent to the board’s California minimum requirements.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6751.2. The board may consider the professional experience and education acquired by applicants outside the United States which in the opinion of the board is equivalent to the minimum requirements of the board established by regulation for professional experience and education in this state. (Added by Stats. 1968, Ch. 895.)
  37. 6751.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must make rules establishing the criteria used to approve engineering school curricula.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6751.5. The board shall by rule establish the criteria to be used for approving curricula of schools of engineering. (Added by Stats. 1957, Ch. 2084.)
  38. 6752.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A civil engineer registration applicant must have gained experience under the direction of a legally qualified civil engineer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6752. An applicant for registration as a civil engineer must have gained his experience under the direction of a civil engineer legally qualified to practice. (Amended by Stats. 1971, Ch. 92.)
  39. 6753.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    For professional engineer applicants, the board must count certain education as qualifying experience and may count other education or teaching experience within stated limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6753. With respect to applicants for licensure as professional engineers, the board: (a) Shall give credit as qualifying experience of four years, for graduation with an engineering degree from a college or university the curriculum of which has been approved by the board. (b) May at its discretion give credit as qualifying experience up to a maximum of two years, for graduation with an engineering degree from a nonapproved engineering curriculum or graduation with an engineering technology degree in an approved engineering technology curriculum. (c) May at its discretion give credit as qualifying experience of up to one-half year, for each year of successfully completed postsecondary study in an engineering curriculum up to a maximum of four years credit. A year of study shall be at least 32 semester units or 48 quarter units. (d) May at its discretion give credit as qualifying experience not in excess of five years, for a postgraduate degree in a school of engineering with a board approved undergraduate or postgraduate curriculum. (e) May at its discretion give credit as qualifying experience for engineering teaching, not in excess of one year, if of a character satisfactory to the board. The sum of qualifying experience credit for subdivision (a) to (e), inclusive, shall not exceed five years. (Amended by Stats. 2006, Ch. 658, Sec. 102. Effective January 1, 2007.)
  40. 6753.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Applicants must receive equal credit for engineering experience gained in the U.S. armed forces and comparable engineering experience.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6753.5. All applicants shall be given equal credit for engineering experience in the armed forces of United States as with any other comparable engineering experience. (Added by Stats. 1951, Ch. 1709.)
  41. 6754.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board sets when and where licensure exams are held, must administer the second division at least once a year, and may use committees, issue exam rules, and hire outside organizations for exam-related work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6754. Examination for licensure shall be held at such times and places as the board shall determine. The second division of the examination for all branches specified in Section 6732 shall be administered at least once each year. Work of the board relating to examination and licensure may be divided into committees as the board shall direct. The scope of examinations and the methods of procedure may be prescribed by board rule. The board may make arrangements with a public or private organization to conduct the examination. The board may contract with a public or private organization for materials or services related to the examination. (Amended by Stats. 2006, Ch. 658, Sec. 103. Effective January 1, 2007.)
  42. 6755.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may, by rule, waive part or all of certain engineering exam divisions for qualified applicants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6755. (a) Examination duration and composition shall be designed to conform to the following general principle: The first division of the examination shall test the applicant’s knowledge of appropriate fundamental engineering subjects, including mathematics and the basic sciences; the second division of the examination shall test the applicant’s ability to apply their knowledge and experience and to assume responsible charge in the professional practice of the branch of engineering in which the applicant is being examined. (b) The board may by rule provide for a waiver of the first division of the examination for applicants whose education and experience qualifications substantially exceed the requirements of subdivision (a) of Section 6751. (c) The board may by rule provide for a waiver of any part of the second division of the examination for persons eminently qualified for licensure in this state by virtue of their standing in the engineering community, their years of experience, and those other qualifications as the board deems appropriate. (Amended by Stats. 2024, Ch. 588, Sec. 9. (AB 3253) Effective January 1, 2025.)
  43. 6755.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must include specified law-and-rule questions in engineer registration exams, and civil engineer exams must also include seismic and surveying questions on and after April 1, 1988.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6755.1. (a) The second division of the examination for registration as a professional engineer shall include questions to test the applicant’s knowledge of state laws and the board’s rules and regulations regulating the practice of professional engineering. The board shall administer the test on state laws and board rules regulating the practice of engineering in this state as a separate part of the second division of the examination for registration as a professional engineer. (b) On and after April 1, 1988, the second division of the examination for registration as a civil engineer shall also include questions to test the applicant’s knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. No registration for a civil engineer shall be issued by the board on or after January 1, 1988, to any applicant unless they have successfully completed questions to test their knowledge of seismic principles and engineering surveying principles. The board shall administer the questions to test the applicant’s knowledge of seismic principles and engineering surveying principles as separate parts of the second division of the examination for registration as a civil engineer. It is the intent of the Legislature that this section confirm the authority of the board to issue registrations prior to April 1, 1988, to applicants based on examinations not testing the applicant’s knowledge of seismic principles and engineering surveying principles as defined in Section 6731.1. (Amended by Stats. 2024, Ch. 588, Sec. 10. (AB 3253) Effective January 1, 2025.)
  44. 6756.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    This section says qualified applicants must be issued an engineer-in-training certificate, but the certificate does not let the holder practice engineering work or use certain titles.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6756. (a) An applicant for certification as an engineer-in-training shall, upon meeting all of the requirements prescribed in subdivisions (a) and (b) of Section 6751, be issued a certificate as an engineer-in-training. A renewal or other fee, other than the application and examination fees, shall not be charged for this certification. The certificate shall become invalid when the holder has qualified as a professional engineer as provided in Section 6762. (b) An engineer-in-training certificate does not authorize the holder thereof to practice or offer to practice civil, electrical, or mechanical engineering work, in his or her own right, or to use the titles specified in Sections 6732, 6736, and 6736.1. (c) It is unlawful for anyone other than the holder of a valid engineer-in-training certificate issued under this chapter to use the title of “engineer-in-training” or any abbreviation of that title. (Amended by Stats. 2016, Ch. 236, Sec. 3. (SB 1165) Effective January 1, 2017.)
  45. 6757.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Applicants who are qualified in more than one branch of engineering must file a separate application for each branch they want to register in.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6757. Applicants who profess to be qualified in more than one branch of engineering shall be required to file an application for each branch in which they wish to be registered. (Amended by Stats. 1975, Ch. 896.)
  46. 6758.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    An applicant who fails an examination may retake it after filing a new application and paying the board-set examination fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6758. An applicant failing in an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board. (Amended by Stats. 2021, Ch. 188, Sec. 5. (SB 826) Effective January 1, 2022.)
  47. 6759.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may issue a professional engineer registration certificate without written exam to eligible out-of-state or out-of-country certificate holders, and it may not impose extra requirements on comity applicants beyond those for California applicants.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6759. The board, upon application therefor, on its prescribed form, and the payment of the fee fixed by this chapter, may issue a certificate of registration as a professional engineer, without written examination, to any person holding a certificate of registration issued to him or her by any state or country when the applicant’s qualifications meet the requirements of this chapter and rules established by the board. The board shall not require a comity applicant to meet any requirement not required of California applicants. For purposes of this section, equivalent second division examinations shall be written examinations prepared by or administered by a state or territory either by single or combined branch at the level generally administered by the board to persons who passed or were exempted from the first division examination. Applicants who have passed an equivalent second division combined branch or a single branch examination in a branch not recognized for registration in California shall be registered in the branch in which their experience and education indicate the closest relationship. (Amended by Stats. 2014, Ch. 400, Sec. 11. (SB 1467) Effective January 1, 2015.)
  48. 676.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. )

    Verify source ↗

    This section says the article does not apply to certain nursing-related training and school programs.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. ) ## 676. The provisions contained in this article shall not apply to inservice training programs given in institutions for the purpose of qualifying persons to work therein, to public schools, to private schools or institutions offering advanced nursing education to registered nurses or vocational nurses licensed in the United States, or to schools conducted by any recognized church or denomination for the purpose of training the adherents of such church or denomination in the care of the sick in accordance with its religious tenets. (Added by Stats. 1959, Ch. 1490.)
  49. 6762.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    An applicant for professional engineer licensure who meets Section 6751(c) and is otherwise qualified must be issued a certificate of registration for the branch in which they qualify.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6762. Any applicant for licensure as a professional engineer, upon meeting all of the requirements prescribed in subdivision (c) of Section 6751 and who has otherwise qualified hereunder as a professional engineer, shall have a certificate of registration issued to him or her as a professional engineer in the particular branch for which he or she is found qualified. (Amended by Stats. 2016, Ch. 236, Sec. 4. (SB 1165) Effective January 1, 2017.)
  50. 6762.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must issue a retired engineer license to a qualifying engineer who applies and pays the fee; the retired license holder may not do work that requires an active engineer’s license, may use the specified retired titles, does not have to renew, and must pass an exam to restore active status.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6762.5. (a) The board shall issue, upon application and payment of the fee established by Section 6799, a retired license (registration), to an engineer who has been licensed by the board for a minimum of 5 years within California and a minimum of 20 years within the United States or territory of the United States, and who holds a license that is not suspended, revoked, or otherwise disciplined, or subject to pending discipline under this chapter. (b) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active engineer’s license is required. An engineer holding a retired license shall be permitted to use the titles “retired professional engineer,” “professional engineer, retired,” or either of those titles with the licensee’s branch designation inserted for the word “professional” for example, “retired civil engineer” or “civil engineer, retired.” (c) The holder of a retired license shall not be required to renew that license. (d) In order for the holder of a retired license issued pursuant to this section to restore his or her license to active status, he or she shall pass the second division examination that is required for initial licensure with the board. (Added by Stats. 1999, Ch. 983, Sec. 2. Effective January 1, 2000.)
  51. 6763.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Applicants must apply to the board on the prescribed form and include the fee. Qualified applicants are entitled to a certificate of authority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6763. Application for authority to use the title “structural engineer,” “soil engineer,” “soils engineer,” or “geotechnical engineer” shall be made to the board on forms prescribed by it and shall be accompanied by the fee fixed by this chapter. An applicant for authority to use the title “structural engineer,” “soil engineer,” “soils engineer,” or “geotechnical engineer” who has passed the examination prescribed by the board, or an applicant for authority to use the title “soil engineer,” “soils engineer,” or “geotechnical engineer” whose application is submitted prior to July 1, 1986, and who has otherwise demonstrated that he or she is qualified, shall have a certificate of authority issued to him or her. For purposes of this chapter, an authority to use the title “structural engineer,” “soil engineer,” “soils engineer,” or “geotechnical engineer” is an identification of competence and specialization in a subspecialty of civil engineering and necessitates education or experience in addition to that required for registration as a civil engineer. (Amended by Stats. 2010, Ch. 415, Sec. 15. (SB 1491) Effective January 1, 2011.)
  52. 6763.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    An applicant may use the title “structural engineer” only after passing a board-approved written structural engineering examination.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6763.1. An applicant to use the title “structural engineer” shall have successfully passed a written examination for structural engineering that is administered by a nationally recognized entity approved by the board. (Amended by Stats. 2011, Ch. 448, Sec. 20. (SB 543) Effective January 1, 2012.)
  53. 6763.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may refund an applicant’s examination fee if the board finds the applicant lacks the qualifications needed to sit for the examination.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6763.5. If an applicant for licensure as a professional engineer, for certification as an engineer-in-training, or for authorization to use the title “structural engineer” or “soil engineer” is found by the board to lack the qualifications required for admission to the examination for such licensure, certification, or authorization, the board may, in accordance with the provisions of Section 158 of this code, refund to them their examination fee. (Amended by Stats. 2024, Ch. 588, Sec. 11. (AB 3253) Effective January 1, 2025.)
  54. 6764.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A licensed professional engineer must, when licensed, get a board-authorized seal or stamp with specified identifying information.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6764. Each professional engineer licensed under this chapter shall, upon licensure, obtain a seal or stamp of a design authorized by the board bearing the licensee’s name, number of his or her certificate or authority, the legend “professional engineer” and the designation of the particular branch or authority in which he or she is licensed. (Amended by Stats. 2009, Ch. 368, Sec. 4. (AB 645) Effective January 1, 2010.)
  55. 6765.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may issue a duplicate registration certificate to replace one that is lost, destroyed, or mutilated, subject to the board’s rules and regulations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6765. A duplicate certificate of registration to replace one lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board. The duplicate certificate fee fixed by this chapter shall be charged. (Added by Stats. 1951, Ch. 1709.)
  56. 6766.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    An unsuspended, unrevoked, and unexpired certificate and endorsement of registry is presumptive evidence that the named person is legally registered.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6766. An unsuspended, unrevoked and unexpired certificate and endorsement of registry made under this chapter, is presumptive evidence in all courts and places that the person named therein is legally registered. (Added by Stats. 1951, Ch. 1709.)
  57. 6767.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Applicants and license or certificate holders with a valid email address must report it to the board, and update the board within 30 days if it changes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4. Registration [6750 - 6767] ( Article 4 added by Stats. 1951, Ch. 1709. ) ## 6767. (a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application. (b) Each certificate or license holder who has a valid email address shall report that email address to the board at the time of renewal. (c) Each applicant or certificate or license holder shall notify the board within 30 days of any change to their email address on file with the board. (d) In the interest of protecting the privacy of applicants and certificate or license holders, the email address provided to the board pursuant to this chapter shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction. (Added by Stats. 2022, Ch. 302, Sec. 3. (SB 1120) Effective January 1, 2023.)
  58. 677.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. )

    Verify source ↗

    Covered persons must keep certain course records for at least three years and make them available for inspection by specified officials.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. ) ## 677. Every person, firm, association, partnership, or corporation subject to the provisions of this article shall maintain records for at least three years, which records shall be open to inspection by investigators of the Division of Investigation of the department and by peace officers acting in their official capacity. The records shall include the names and address of the persons admitted to the course of instruction and a copy of any written contract signed by such a person or, if no contract is signed, a copy of the written notice given to such person. A correspondence school whose home office is located outside of this state need maintain the foregoing records only for persons residing in this state. (Amended by Stats. 1971, Ch. 716.)
  59. 6770.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    A licensed professional engineer must report certain reportable events to the board in writing within 90 days after learning of them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770. (a) A licensee shall report to the board in writing the occurrence of any of the following events that occurred on or after January 1, 2008, within 90 days of the date the licensee has knowledge of the event: (1) The conviction of the licensee of any felony. (2) The conviction of the licensee of any other crime that is substantially related to the qualifications, functions, and duties of a licensed professional engineer. (3) A civil action settlement or administrative action resulting in a settlement against the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence, incompetence, or recklessness by the licensee in the practice of professional engineering if the amount or value of the settlement is greater than fifty thousand dollars ($50,000). (4) A civil action judgment or binding arbitration award or administrative action resulting in a judgment or binding arbitration award against the licensee in any action alleging fraud, deceit, misrepresentation, breach or violation of contract, negligence, incompetence, or recklessness by the licensee in the practice of professional engineering if the amount or value of the judgment or binding arbitration award is twenty-five thousand dollars ($25,000) or greater. (b) The report required by subdivision (a) shall be signed by the licensee and set forth the facts that constitute the reportable event. If the reportable event involves the action of an administrative agency or court, the report shall set forth the title of the matter, court or agency name, docket number, and the date the reportable event occurred. (c) A licensee shall promptly respond to oral or written inquiries from the board concerning the reportable events, including inquiries made by the board in conjunction with license renewal. (d) Nothing in this section shall impose a duty upon any licensee to report to the board the occurrence of any of the events set forth in subdivision (a) either by or against any other licensee. (e) Failure of a licensee to report to the board in the time and manner required by this section shall be grounds for disciplinary action. (f) For the purposes of this section, a conviction includes the initial plea, verdict, or finding of guilt; a plea of no contest; or pronouncement of sentence by a trial court even though the conviction may not be final or sentence actually imposed until all appeals are exhausted. (Amended by Stats. 2013, Ch. 471, Sec. 1. (SB 679) Effective January 1, 2014.)
  60. 6770.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    A court must report certain convictions, settlements, or judgments to the board within 30 days after entry if the defendant is a licensee of the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770.1. Within 30 days of entry of a conviction described in paragraphs (1) and (2) of subdivision (a) of Section 6770, a settlement described in paragraph (3) of subdivision (a) of Section 6770, or a judgment described in paragraph (4) of subdivision (a) of Section 6770, by a court of this state that has been notified that the defendant is a licensee of the board, the court that rendered the conviction, settlement, or judgment shall report that fact to the board and provide the board with a copy of the conviction, settlement, or judgment and any orders or opinions of the court accompanying or ordering the conviction, settlement, or judgment. (Amended by Stats. 2013, Ch. 471, Sec. 2. (SB 679) Effective January 1, 2014.)
  61. 6770.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    Certain insurers and self-insured government agencies must report specified payment information to the board within 30 days after payment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770.2. (a) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or binding arbitration award described in Section 6770 against a licensee of the board, any insurer providing professional liability insurance to that licensee shall report to the board the name of the licensee; the amount or value of the judgment, settlement, or binding arbitration award; the amount paid by the insurer; and the identity of the payee. (b) Within 30 days of payment of all or any portion of any civil action judgment, settlement, or binding arbitration award described in Section 6770 against a licensee of the board, any state or local government agency that self-insures that licensee shall report to the board the name of the licensee; the amount or value of the judgment, settlement, or binding arbitration award; the amount paid; and the identity of the payee. (Amended by Stats. 2013, Ch. 471, Sec. 3. (SB 679) Effective January 1, 2014.)
  62. 6770.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    The reporting requirements in Sections 6770, 6770.1, and 6770.2 apply only when the civil action, settlement, or arbitration award involves a specified business or government entity and the licensee was in responsible charge of the project portion at issue.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770.3. The requirements of Sections 6770, 6770.1, and 6770.2 shall apply if a party to the civil action, settlement, or arbitration award is or was a sole proprietorship, partnership, firm, corporation, or state or local government agency in which the licensee is or was an owner, partner, member, officer, or employee and is or was the licensee in responsible charge of that portion of the project that was the subject of the civil judgment, settlement, or arbitration award. (Added by Stats. 2004, Ch. 691, Sec. 19.6. Effective January 1, 2005. Section conditionally operative on January 1, 2008, pursuant to Section 6770.6.)
  63. 6770.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    A licensee is exempt from being treated as violating a confidential settlement or other confidential agreement when providing a report to the board as required by this article.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770.4. (a) Notwithstanding any other provision of law, a licensee shall not be considered to have violated a confidential settlement agreement or other confidential agreement by providing a report to the board as required by this article. (Added by Stats. 2004, Ch. 691, Sec. 19.6. Effective January 1, 2005. Section conditionally operative on January 1, 2008, pursuant to Section 6770.6.)
  64. 6770.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    The board may adopt regulations to further define the reporting requirements for Sections 6770, 6770.1, and 6770.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770.5. The board may adopt regulations to further define the reporting requirements of Sections 6770, 6770.1, and 6770.2. (Added by Stats. 2004, Ch. 691, Sec. 19.6. Effective January 1, 2005. Section conditionally operative on January 1, 2008, pursuant to Section 6770.6.)
  65. 6770.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. )

    Verify source ↗

    Article 4.5 becomes operative on January 1, 2008 only if the stated funding and hiring authority conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 4.5. Reporting Requirements [6770 - 6770.6] ( Article 4.5 added by Stats. 2004, Ch. 691, Sec. 19.6. ) ## 6770.6. This article shall become operative on January 1, 2008, only if an appropriation is made from the Professional Engineer’s and Land Surveyor’s Fund for the 2007–08 fiscal year in the annual Budget Act to fund the activities of this article, and sufficient hiring authority is granted to the board pursuant to a budget change proposal to provide sufficient staffing to implement this article. (Amended by Stats. 2007, Ch. 354, Sec. 12. Effective January 1, 2008. Note: This section prescribes a conditional operative date for Article 4.5, commencing with Section 6770.)
  66. 6775.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may investigate licensed professional engineers and, by majority vote, publicly reprove, suspend for up to two years, or revoke a certificate for listed misconduct or violations.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6775. The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any professional engineer licensed under this chapter and make findings thereon. By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the certificate of any professional engineer licensed under this chapter on any of the following grounds: (a) Any conviction of a crime substantially related to the qualifications, functions, and duties of a licensed professional engineer, in which case the certified record of conviction shall be conclusive evidence thereof. (b) Any deceit, misrepresentation, or fraud in their practice. (c) Any negligence or incompetence in their practice. (d) A breach or violation of a contract to provide professional engineering services. (e) Any fraud, deceit, or misrepresentation in obtaining their certificate as a professional engineer. (f) Aiding or abetting any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter. (g) For a licensee who serves as a qualified professional certifier, as defined in Section 66345.1 of the Government Code, making any false statement in a certification submission pursuant to Chapter 14 (commencing with Section 66345) of Division 1 of Title 7 of the Government Code. (h) A violation in the course of the practice of professional engineering of a rule or regulation of unprofessional conduct adopted by the board. (i) A violation of any provision of this chapter or any other law relating to or involving the practice of professional engineering. (Amended by Stats. 2025, Ch. 470, Sec. 2. (AB 671) Effective January 1, 2026.)
  67. 6775.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may investigate an engineer-in-training on its own initiative or after a complaint, and may revoke the certificate by majority vote if listed misconduct grounds are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6775.1. The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any engineer-in-training and make findings thereon. By a majority vote, the board may revoke the certificate of any engineer-in-training: (a) Who has been convicted of a crime as defined in subdivision (a) of Section 480. (b) Who has committed any act that would be grounds for denial of licensure pursuant to Section 480 or 496. (c) Who has committed any act of fraud, deceit, or misrepresentation in obtaining his or her engineer-in-training certificate or certificate of registration, certification, or authority as a professional engineer. (d) Who aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter. (e) Who violates Section 119 with respect to an engineer-in-training certificate. (f) Who commits any act described in Section 6787. (g) Who violates any provision of this chapter or any regulation adopted by the board pursuant to this chapter. (Amended by Stats. 2011, Ch. 432, Sec. 7. (SB 944) Effective January 1, 2012.)
  68. 6775.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A licensee or certificate holder must respond to a written board request in a complaint investigation, or it may lead to disciplinary action.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6775.2. The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 6775 or 6775.1. (Amended by Stats. 2019, Ch. 630, Sec. 4. (AB 1522) Effective January 1, 2020.)
  69. 6776.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Disciplinary proceedings under this article must follow specified Government Code chapters, and the board has all powers granted by those chapters.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6776. The proceedings under this article shall be conducted in accordance with Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Amended by Stats. 2000, Ch. 1006, Sec. 22. Effective January 1, 2001.)
  70. 6777.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may reissue a revoked certificate if a majority of the board votes for reissuance and the board finds the reasons sufficient.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6777. The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members of the board vote in favor of such reissuance for reasons the board deems sufficient. (Added by Stats. 1951, Ch. 1709.)
  71. 6779.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A guilty plea, guilty verdict, or nolo contendere conviction for a charge substantially related to a registered professional engineer counts as a conviction for this article. The board may suspend or revoke a certificate, or refuse to issue one, once appeal time has passed or conviction has been affirmed, subject to the listed Penal Code 1203.4 exception.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6779. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a registered professional engineer is deemed to be a conviction within the meaning of this article. The board may order the certificate suspended or revoked, or may decline to issue a certificate, 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 the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his 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. 1978, Ch. 1161.)
  72. 678.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. )

    Verify source ↗

    If the notice required by this article is not given, any contract between the parties is null and void.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. ) ## 678. The failure to give the notice required by this article shall make any contract entered into between the parties null and void. (Added by Stats. 1959, Ch. 1490.)
  73. 6780.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A petitioner may ask the board to reinstate or change a disciplinary penalty only after required waiting periods, and the board must notify the Attorney General and hold a hearing process with notice and a written decision.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 5. Disciplinary Proceedings [6775 - 6780] ( Article 5 added by Stats. 1951, Ch. 1709. ) ## 6780. (a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the following minimum periods have elapsed from the effective date of the decision ordering the disciplinary action, or if the order of the board or any portion of it is stayed by a court of law, from the date the disciplinary action is actually implemented in its entirety: (1) Except as otherwise provided in this section, at least three years for reinstatement of a certificate that was revoked or surrendered. However, the board may, in its sole discretion, specify in its order of revocation or surrender a lesser period of time that shall be at minimum one year. (2) At least two years for early termination of a probation period of three years or more. (3) At least one year for early termination of a probation period of less than three years. (4) At least one year for reduction or modification of a condition of probation. (b) The board shall notify the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and the petitioner and the Attorney General shall be given the opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition. (c) The board itself or an administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision. (d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction or modification of the penalty. (e) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. (f) The board may, in its discretion, deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section. (g) Judicial review of the board’s decision following a hearing under this section may be sought by way of a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. The party seeking to overturn the board’s decision shall have the burden of proof in any mandamus proceeding. In the mandamus proceeding, if it is alleged that there has been an abuse of discretion because the board’s findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the whole record. (h) The following definitions apply for purposes of this section: (1) “Certificate” includes certificate of registration or license as a professional engineer; certificates of authority to use the titles “structural engineer,” “geotechnical engineer,” “soil engineer,” “soils engineer,” or “consulting engineer;” and certification as an engineer-in-training. (2) “Petitioner” means a professional engineer or an engineer-in-training whose certificate has been revoked, suspended, or surrendered or placed on probation. (Amended by Stats. 2005, Ch. 657, Sec. 7. Effective January 1, 2006.)
  74. 6785.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board has power and duty to investigate violations of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. ) ## 6785. The board shall have the power, duty, and authority to investigate violations of the provisions of this chapter. (Repealed and added by Stats. 1951, Ch. 1709.)
  75. 6786.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Certain legal-system members must prosecute people charged with violating this chapter, and the board’s executive officer must help enforce the chapter under the board’s direction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. ) ## 6786. It is the duty of the respective members of the legal system to prosecute all persons charged with the violation of any of the provisions of this chapter. It is the duty of the executive officer of the board, under the direction of the board, to aid these officers in the enforcement of this chapter. (Amended by Stats. 1984, Ch. 47, Sec. 61. Effective March 21, 1984.)
  76. 6787.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A person commits a misdemeanor if they engage in listed unauthorized engineering-related acts.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. ) ## 6787. A person who does any of the following is guilty of a misdemeanor: (a) Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization. (b) Presents or attempts to file as the person’s own the certificate of an engineer-in-training or the certificate of licensure of a licensed professional engineer unless they are the person named on the certificate. (c) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate as an engineer-in-training or a certificate of licensure. (d) Impersonates or uses the seal, signature, or license number of a licensed professional engineer or uses a false license number. (e) Impersonates or uses the certificate number of an engineer-in-training or uses a false certificate. (f) Uses an expired, suspended, surrendered, or revoked certificate or license. (g) Represents themselves as, or uses the title of, a licensed or registered civil, electrical, or mechanical engineer, or any other title whereby that person could be considered as practicing or offering to practice civil, electrical, or mechanical engineering in any of its branches, unless they are correspondingly qualified by licensure as a civil, electrical, or mechanical engineer under this chapter. (h) Unless appropriately licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which civil, electrical, or mechanical engineering work is solicited, performed, or practiced, except as authorized pursuant to Section 8726.1. (i) Uses the title, or any combination of that title, of “professional engineer,” “licensed engineer,” “registered engineer,” or the branch titles specified in Section 6732, or the authority titles specified in Sections 6736 and 6736.1, or “engineer-in-training,” or makes use of any abbreviation of that title that might lead to the belief that the person is a licensed engineer, is authorized to use the titles specified in Section 6736 or 6736.1, or holds a certificate as an engineer-in-training, without being licensed, authorized, or certified as required by this chapter. (j) Uses the title “consulting engineer” without being licensed as required by this chapter or without being authorized to use that title pursuant to legislation enacted at the 1963, 1965, or 1968 Regular Session. (k) Violates any provision of this chapter. (Amended by Stats. 2024, Ch. 588, Sec. 12. (AB 3253) Effective January 1, 2025.)
  77. 6788.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A person who violates specified Section 6787 provisions while providing engineering services for disaster-related repair work may be fined or imprisoned.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. ) ## 6788. Any person who violates any provision of subdivisions (a) to (j), inclusive, of Section 6787 in connection with the offer or performance of engineering services for the repair of damage to a residential or nonresidential structure caused by a disaster for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code, or for which an emergency or major disaster is declared by the President of the United States, shall be punished by a fine up to ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or for two or three years, or by both the fine and imprisonment, or by a fine up to one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (Amended by Stats. 2019, Ch. 630, Sec. 6. (AB 1522) Effective January 1, 2020.)
  78. 6789.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A licensee retained as an expert witness may report a potential violation of the Professional Engineers Act to the board even if bound by a nondisclosure agreement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 6. Offenses Against the Chapter [6785 - 6789] ( Article 6 added by Stats. 1951, Ch. 1709. ) ## 6789. (a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board. (b) This section shall not be construed to be, or act as, a waiver of any applicable attorney-client or attorney work product privileges. (Added by Stats. 2019, Ch. 145, Sec. 1. (SB 339) Effective January 1, 2020.)
  79. 679.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. )

    Verify source ↗

    Anyone covered by this section who violates the article commits a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7. Nursing [675 - 679] ( Article 7 added by Stats. 1959, Ch. 1490. ) ## 679. Any person, firm, association, partnership, or corporation who violates this article is guilty of a misdemeanor. (Added by Stats. 1959, Ch. 1490.)
  80. 6795.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Engineering registration and authority certificates are valid for two years from the assigned renewal date, and the holder must renew on time and pay the prescribed renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6795. Certificates of registration as a professional engineer, and certificates of authority, shall be valid for a period of two years from the assigned date of renewal. Biennial renewals shall be staggered on a quarterly basis. To renew an unexpired certificate, the certificate holder shall, on or before the date of expiration indicated on the renewal receipt, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. (Amended by Stats. 2012, Ch. 661, Sec. 9. (SB 1576) Effective January 1, 2013.)
  81. 6795.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board must give a renewal-time assessment to certificate holders and may not charge a fee for it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6795.2. (a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificate may result in disciplinary action under Section 6775, but shall not affect the renewal of the certificate. (b) The crime in subdivision (j) of Section 6787 shall not apply to this section. (c) The board shall not charge the certificate holder a fee for the administration or development of the assessment. (d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional engineers. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional engineers and any changes or additions to existing law related to such administrative and procedural aspects. (Added by Stats. 2016, Ch. 629, Sec. 1. (SB 1085) Effective January 1, 2017.)
  82. 6796.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Professional engineer registration certificates and certificates of authority may be renewed within five years after expiration, if the renewal application is filed on the board’s form and all unpaid renewal fees are paid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6796. Except as otherwise provided in this article, certificates of registration as a professional engineer and certificates of authority may be renewed at any time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the certificate is renewed more than 60 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. 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. The expiration date of a certificate renewed pursuant to this section shall be determined pursuant to Section 6795. (Amended by Stats. 2016, Ch. 236, Sec. 6. (SB 1165) Effective January 1, 2017.)
  83. 6796.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A suspended certificate must be renewed as provided here, but renewal does not let the holder use the certified activity while the certificate is still suspended and before reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6796.1. A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. (Added by Stats. 1961, Ch. 1252.)
  84. 6796.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    A revoked certificate may not be renewed. If it is reinstated after expiration, the certificate holder must pay a reinstatement fee before reinstatement.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6796.2. A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, 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, plus the delinquency fee, if any, accrued at the time of its revocation. (Added by Stats. 1961, Ch. 1252.)
  85. 6796.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    Old engineering certificates not renewed within five years after expiration cannot be renewed, restored, reinstated, or reissued; after five years, the holder may apply for a new certificate if conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6796.3. (a) Certificates of registration as a professional engineer, and certificates of authority to use the title “structural engineer,” “soil engineer,” or “consulting engineer” that are not renewed within five years after expiration shall not be renewed, restored, reinstated, or reissued. After five years after expiration, the holder of a certificate may apply for and obtain a new certificate subject to the following: (1) He or she has not committed any acts or crimes constituting grounds for denial of licensure under Section 480. (2) He or she takes and passes the examination, if any, that would be required of him or her if he or she were then applying for the certificate for the first time. (b) The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination pursuant to this section. (Amended by Stats. 2016, Ch. 236, Sec. 7. (SB 1165) Effective January 1, 2017.)
  86. 6796.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    If an expired or delinquent registration or authority certificate is renewed under Section 6796, the board keeps full jurisdiction over the certificate holder, and the prior work is treated as lawful and valid.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6796.5. Once an expired or delinquent certificate of registration or certificate of authority is renewed pursuant to Section 6796, all of the following shall apply: (a) The board shall continue to have full jurisdiction and authority over the certificate holder as if the authority had not expired or become delinquent. (b) The work performed by the certificate holder during a period of expiration or delinquency shall be deemed lawful and validly performed as to persons or entities other than the authority holder. (c) The renewal of a registration or certificate of authority shall not affect liability issues regarding work performed during a period of expiration or delinquency, nor does the fact of performance during a period of expiration or delinquency affect liability issues. (Amended by Stats. 2016, Ch. 236, Sec. 8. (SB 1165) Effective January 1, 2017.)
  87. 6797.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The department must collect, account for, report, and pay chapter money to the Treasurer each month, and the Treasurer must keep it in a separate fund.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6797. (a) The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. (b) For accounting and recordkeeping purposes, the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be deemed to be a single special fund, and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law. (c) The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter. (d) This section shall become operative on July 1, 2016. (Repealed (in Sec. 14) and added by Stats. 2015, Ch. 428, Sec. 15. (AB 177) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
  88. 6798.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

    Verify source ↗

    The board may refund all fees, following Section 158 of the code.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6798. The board may make refunds of all fees in accordance with Section 158 of this code. (Amended by Stats. 1975, Ch. 896.)
  89. 6799.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. )

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    The board sets the fees for engineering licensure and related applications, renewals, appeals, and other documents, within stated caps and formulas.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 7. Professional Engineers [6700 - 6799] ( Chapter 7 repealed and added by Stats. 1951, Ch. 1709. ) ## ARTICLE 7. Revenue [6795 - 6799] ( Article 7 added by Stats. 1951, Ch. 1709. ) ## 6799. (a) The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (1) The fee for filing each application for licensure as a professional engineer and each application for authority level designation at not more than four hundred dollars ($400) and for each application for certification as an engineer-in-training at not more than one hundred dollars ($100). (2) The fee to take an examination administered by a public or private organization pursuant to Section 6754 shall be no greater than the actual cost of the development and administration of the examination and may be paid directly to the organization by the applicant. (3) The renewal fee for each branch of professional engineering in which licensure is held, and the renewal fee for each authority level designation held, at no more than four hundred dollars ($400). (4) The fee for a retired license at not more than 50 percent of the professional engineer application fee in effect on the date of application. (5) The delinquency fee at not more than 50 percent of the renewal fee in effect on the date of reinstatement. (6) The board shall establish by regulation an appeal fee for examination. The regulation shall include provisions for an applicant to be reimbursed the appeal fee if the appeal results in passage of examination. The fee charged shall be no more than the costs incurred by the board. (7) All other document fees are to be set by the board by rule. (b) Applicants wishing to be examined in more than one branch of engineering shall be required to pay the additional fee for each examination after the first. (Amended by Stats. 2016, Ch. 236, Sec. 9. (SB 1165) Effective January 1, 2017.)
  90. 680.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    Health care practitioners must wear a name tag showing their name and license status while working, with some exceptions. The section also limits who may use the title “nurse” and requires certain licensed facilities and state departments to adopt and check compliance policies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 680. (a) Except as otherwise provided in this section, a health care practitioner shall disclose, while working, his or her name and practitioner’s license status, as granted by this state, on a name tag in at least 18-point type. A health care practitioner in a practice or an office, whose license is prominently displayed, may opt to not wear a name tag. If a health care practitioner or a licensed clinical social worker is working in a psychiatric setting or in a setting that is not licensed by the state, the employing entity or agency shall have the discretion to make an exception from the name tag requirement for individual safety or therapeutic concerns. In the interest of public safety and consumer awareness, it shall be unlawful for any person to use the title “nurse” in reference to himself or herself and in any capacity, except for an individual who is a registered nurse or a licensed vocational nurse, or as otherwise provided in Section 2800. Nothing in this section shall prohibit a certified nurse assistant from using his or her title. (b) Facilities licensed by the State Department of Social Services, the State Department of Public Health, or the State Department of Health Care Services shall develop and implement policies to ensure that health care practitioners providing care in those facilities are in compliance with subdivision (a). The State Department of Social Services, the State Department of Public Health, and the State Department of Health Care Services shall verify through periodic inspections that the policies required pursuant to subdivision (a) have been developed and implemented by the respective licensed facilities. (c) For purposes of this article, “health care practitioner” means any person who engages in acts that are the subject of licensure or regulation under this division or under any initiative act referred to in this division. (Amended by Stats. 2013, Ch. 23, Sec. 1. (AB 82) Effective June 27, 2013.)
  91. 680.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    Certain health care practitioners must tell patients their name, license type, and highest academic degree, and some board-certified practitioners must also disclose the board or association name.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 680.5. (a) (1) A health care practitioner licensed under Division 2 (commencing with Section 500) shall communicate to a patient his or her name, state-granted practitioner license type, and highest level of academic degree, by one or both of the following methods: (A) In writing at the patient’s initial office visit. (B) In a prominent display in an area visible to patients in his or her office. (2) An individual licensed under Chapter 6 (commencing with Section 2700) or Chapter 9 (commencing with Section 4000) is not required to disclose the highest level of academic degree he or she holds. (b) A person licensed under Chapter 5 (commencing with Section 2000) or under the Osteopathic Act, who is certified by (1) an American Board of Medical Specialties member board, (2) a board or association with requirements equivalent to a board described in paragraph (1) approved by that person’s medical licensing authority, or (3) a board or association with an Accreditation Council for Graduate Medical Education approved postgraduate training program that provides complete training in the person’s specialty or subspecialty, shall disclose the name of the board or association by either method described in subdivision (a). (c) A health care practitioner who chooses to disclose the information required by subdivisions (a) and (b) pursuant to subparagraph (A) of paragraph (1) of subdivision (a) shall present that information in at least 24-point type in the following format: HEALTH CARE PRACTITIONER INFORMATION 1. Name and license ........................ . 2. Highest level of academic degree ........................ . 3. Board certification (ABMS/MBC) ........................ . (d) This section shall not apply to the following health care practitioners: (1) A person who provides professional medical services to enrollees of a health care service plan that exclusively contracts with a single medical group in a specific geographic area to provide or arrange for professional medical services for the enrollees of the plan. (2) A person who works in a facility licensed under Section 1250 of the Health and Safety Code or in a clinical laboratory licensed under Section 1265. (3) A person licensed under Chapter 3 (commencing with Section 1200), Chapter 7.5 (commencing with Section 3300), Chapter 8.3 (commencing with Section 3700), Chapter 11 (commencing with Section 4800), Chapter 13 (commencing with Section 4980), Chapter 14 (commencing with Section 4990.1), or Chapter 16 (commencing with Section 4999.10). (e) A health care practitioner, who provides information regarding health care services on an Internet Web site that is directly controlled or administered by that health care practitioner or his or her office personnel, shall prominently display on that Internet Web site the information required by this section. (Amended by Stats. 2011, Ch. 381, Sec. 5. (SB 146) Effective January 1, 2012.)
  92. 681.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    Licensed persons who collect human biological specimens must secure them in locked containers when left in public outside their control, and certain specimen containers must carry a biohazard warning label.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 681. (a) Commencing July 1, 2000, every person licensed pursuant to this division who collects human biological specimens for clinical testing or examination, shall secure, or ensure that his or her employees, agents, or contractors secure, those specimens in a locked container when those specimens are placed in a public location outside of the custodial control of the licensee, or his or her employees, agents, or contractors. (b) Containers used for human biological specimens put into use on or after January 1, 2001, shall be marked “Caution: Biohazardous Material - Please Do Not Touch or Handle,” or words of similar meaning. (c) This section shall not apply where the biological specimens have been placed in the mail in compliance with all applicable laws and regulations. (d) The licensing board having jurisdiction of the licensee may impose appropriate sanctions for violations of this section, including, if otherwise authorized by the licensing act, the imposition of a fine not to exceed one thousand dollars ($1,000). (e) As used in this section, “locked container” means a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. (Added by Stats. 1999, Ch. 748, Sec. 1. Effective January 1, 2000.)
  93. 682.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    A prescriber of emergency contraception may not charge more than $10 in administrative fees for emergency contraception drug therapy services when the prescription or order follows a phone or electronic patient contact.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 682. An individual authorized to prescribe emergency contraception who issues a prescription or order for emergency contraception drug therapy as a result of a patient contact by telephone or electronic means may not charge an administrative fee or fees totaling more than ten dollars ($10) for emergency contraception drug therapy services. This limitation is not intended to interfere with other contractually agreed-upon terms between an individual prescriber and a health care service plan, insurer, or disability insurer for payment directly to the prescriber by the plan or insurer. (Added by Stats. 2003, Ch. 652, Sec. 2. Effective January 1, 2004.)
  94. 683.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    Boards must report certain license-status changes to the State Department of Health Care Services within 10 working days.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 683. (a) A board shall report, within 10 working days, to the State Department of Health Care Services the name and license number of a person whose license has been revoked, suspended, surrendered, made inactive by the licensee, or placed in another category that prohibits the licensee from practicing their profession. The purpose of the reporting requirement is to prevent reimbursement by the state for Medi-Cal and Denti-Cal services provided after the cancellation of a provider’s professional license. (b) “Board,” as used in this section, means the Dental Board of California, the Medical Board of California, the Board of Psychology, the California State Board of Optometry, the California State Board of Pharmacy, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Behavioral Sciences, the California Board of Podiatric Medicine, and the California Board of Occupational Therapy. (c) This section shall become operative on January 1, 2015. (Amended by Stats. 2021, Ch. 630, Sec. 13. (AB 1534) Effective January 1, 2022.)
  95. 684.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    Certain health care practitioners who provide non-FDA-approved stem cell therapy must give patients a required English notice, post it in the office, and provide it in writing before the initial treatment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 684. (a) For the purpose of this section: (1) “FDA” means the United States Food and Drug Administration. (2) “HCT/Ps” means human cells, tissues, or cellular or tissue-based products, as defined in Section 1271.3 of Title 21 of the Code of Federal Regulations, as amended August 31, 2016, as published in the Federal Register (81 Fed. Reg. 60223). (3) “Stem cell therapy” means a therapy involving the use of HCT/Ps, but shall not include a therapy involving HCT/Ps that meets the criteria set out in Section 1271.10 of Title 21 of the Code of Federal Regulations, as amended May 25, 2004, as published in the Federal Register (69 Fed. Reg. 29829), or that qualifies for any of the exceptions described in Section 1271.15 of Title 21 of the Code of Federal Regulations, as amended May 25, 2004, as published in the Federal Register (69 Fed. Reg. 29829). (b) (1) A health care practitioner licensed under this division who performs a stem cell therapy that is subject to FDA regulation, but is not FDA-approved, shall communicate to a patient seeking stem cell therapy the following information in English: “THIS NOTICE MUST BE PROVIDED TO YOU UNDER CALIFORNIA LAW. This health care practitioner performs one or more stem cell therapies that have not been approved by the United States Food and Drug Administration. You are encouraged to consult with your primary care physician prior to undergoing a stem cell therapy.” (2) The information in paragraph (1) shall be communicated to the patient in all of the following ways: (A) In a prominent display in an area visible to patients in the health care practitioner’s office and posted conspicuously in the entrance of the health care practitioner’s office. These notices shall be at least eight and one-half inches by 11 inches and written in no less than 40-point type. (B) Prior to providing the initial stem cell therapy, a health care practitioner shall provide the patient with the notice described in paragraph (1) in writing. The notice shall be at least eight and one-half inches by 11 inches and written in no less than 40-point type. (c) This section does not apply to a health care practitioner licensed under this division who has obtained approval or clearance for an investigational new drug, or an investigational device exemption, from the FDA for the use of HCT/Ps. (d) (1) The licensing board having jurisdiction of the health care practitioner may cite and fine the health care practitioner, not to exceed one thousand dollars ($1,000) per violation of this section. (2) No citation shall be issued and no fine shall be assessed upon the first complaint against a health care practitioner who violates this section. (3) Upon a second or subsequent violation of this section, a citation and administrative fine not to exceed one thousand dollars ($1,000) per violation may be assessed. (e) The Medical Board of California shall indicate in its annual report, commencing with the 2018–19 annual report, all of the following with regard to licensees who provide stem cell therapies: (1) The number of complaints received. (2) Any disciplinary actions taken. (3) Any administrative actions taken. (Amended by Stats. 2018, Ch. 424, Sec. 1. (SB 1495) Effective January 1, 2019.)
  96. 686.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    A telehealth practitioner licensed under Division 2 must follow Section 2290.5, the applicable practice act, and any board regulations adopted under that practice act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 686. A health care practitioner licensed under Division 2 (commencing with Section 500) providing services via telehealth shall be subject to the requirements and definitions set forth in Section 2290.5, to the practice act relating to his or her licensed profession, and to the regulations adopted by a board pursuant to that practice act. (Added by Stats. 2012, Ch. 782, Sec. 1. (AB 1733) Effective January 1, 2013.)
  97. 687.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    A qualified healing arts practitioner cannot be targeted with proceedings solely for prescribing or administering mifepristone or other medication-abortion drugs off-label or outside an approved REMS, unless the state finds an imminent health or safety concern.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 687. (a) A healing arts practitioner who is authorized to prescribe, furnish, order, or administer dangerous drugs shall not be subject to a civil or criminal action or disciplinary or other administrative proceeding solely on the basis that the practitioner prescribed, furnished, ordered, or administered brand name or generic mifepristone or any drug used for medication abortion for a use that is different from the use for which that drug has been approved for marketing by the United States Food and Drug Administration or that varies from an approved risk evaluation and mitigation strategy pursuant to Section 355-1 of Title 21 of the United States Code, except if the state deems it necessary to address an imminent health or safety concern regarding brand name or generic mifepristone. (b) Pursuant to Sections 1 and 1.1 of Article I of the California Constitution and the Reproductive Privacy Act (Article 2.5 (commencing with Section 123460) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code), the authority of a healing arts practitioner to prescribe, furnish, order, or administer brand name or generic mifepristone or any drug used for medication abortion is the practice of medicine, and the laws of another state or federal actions that interfere with the ability of a practitioner to prescribe, furnish, order, or administer brand name or generic mifepristone or any drug used for medication abortion if that action is lawful under the laws of the state, are against the public policy of this state. (Added by Stats. 2025, Ch. 136, Sec. 3. (AB 260) Effective September 26, 2025.)
  98. 688.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. )

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    This section generally requires electronic prescriptions and sets capability, transmission, transfer, notice, and documentation rules for health care practitioners and pharmacies, with several exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 7.5. Health Care Practitioners [680 - 688] ( Article 7.5 added by Stats. 1998, Ch. 1013, Sec. 1. ) ## 688. (a) A health care practitioner authorized to issue a prescription pursuant to Section 4040 shall have the capability to issue an electronic data transmission prescription, as defined under Section 4040, on behalf of a patient and to transmit that electronic data transmission prescription to a pharmacy selected by the patient. (b) (1) A pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to Section 4040 shall have the capability to receive an electronic data transmission prescription on behalf of a patient. (2) A pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to Section 4040 shall not refuse to dispense or furnish an electronic data transmission prescription solely because the prescription was not submitted via, or is not compatible with, the proprietary software of the pharmacy, pharmacist, or other dispensing practitioner. (3) A pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to Section 4040 may decline to dispense or furnish an electronic data transmission prescription submitted via a software that fails to meet any of the following: (A) Adheres to the National Council for Prescription Drug Programs SCRIPT standard, as modified from time to time. (B) Complies with the prescription content requirements set forth in Section 4040. (C) For a controlled substance prescription, complies with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended from time to time. (D) Complies with the federal Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, or the security and confidentiality requirements prescribed to by the pharmacy, pharmacist, or other practitioner authorized pursuant to Section 4040. (c) For a prescription for a controlled substance, as defined by Section 4021, generation and transmission of the electronic data transmission prescription shall comply with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended from time to time. (d) A prescription prescribed by a health care practitioner shall be issued as an electronic data transmission prescription. This subdivision shall not apply to prescriptions issued pursuant to subdivision (e). (e) Subdivision (d) shall not apply to any of the following: (1) The prescription is issued pursuant to Section 11159.2 of the Health and Safety Code. (2) An electronic data transmission prescription is unavailable due to a temporary technological or electrical failure. For purposes of this paragraph, “temporary technological or electrical failure” means failure of a computer system, application, or device, or the loss of electrical power to that system, application, or device, or any other service interruption affecting the certified electronic data transmission prescription application used to transmit the prescription. (3) The prescribing health care practitioner is issuing a prescription to be dispensed by a pharmacy located outside California. (4) (A) The prescription is issued in a hospital emergency department or urgent care clinic and one or more of the following conditions are present: (i) The patient resides outside California. (ii) The patient resides outside the geographic area of the hospital. (iii) The patient is homeless or indigent and does not have a preferred pharmacy. (iv) The prescription is issued at a time when a patient’s regular or preferred pharmacy is likely to be closed. (B) Under any of the conditions described in subparagraph (A), a prescription shall be electronically issued but does not require electronic transmission and may be provided directly to the patient. (5) The prescription is issued by a veterinarian. (6) The prescription is for eyeglasses or contact lenses. (7) The prescription is issued by a prescribing health care practitioner serving as a volunteer in a free clinic and receives no remuneration for their services. (8) The prescribing health care practitioner and the dispenser are the same entity. (9) The prescription is issued by a prescribing health care practitioner under circumstances whereby the practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by an electronic data transmission prescription in a timely manner, and the delay would adversely impact the patient’s medical condition. (10) The prescription that is issued includes elements not covered by the latest version of the National Council for Prescription Drug Programs’ SCRIPT standard, as amended from time to time. (11) (A) The prescriber registers with the California State Board of Pharmacy in a manner and format determined by the board, stating that they meet one or more of the following criteria: (i) Their practice is located in the area of an emergency or disaster declared by a federal, state, or local government. (ii) They issue 100 or fewer prescriptions per calendar year. (iii) They are unable to issue electronic data transmission prescriptions due to circumstances beyond their control. (B) The prescriber shall annually submit the registration required in subparagraph (A) to the California State Board of Pharmacy and maintain documentation of the circumstances qualifying them for exemption under subparagraph (A). (C) The California State Board of Pharmacy shall post a list of prescribers meeting the requirements of subparagraph (A) on its internet website. (f) A health care practitioner who issues a prescription for a controlled substance but does not transmit the prescription as an electronic data transmission prescription shall document the reason in the patient’s medical record as soon as practicable and within 72 hours of the end of the technological or electrical failure that prevented the electronic data transmission of the prescription. (g) (1) A pharmacy that receives an electronic data transmission prescription from a prescribing health care practitioner who has issued the prescription but has not dispensed the medication to the patient shall, at the request of the patient or a person authorized to make a request on behalf of the patient, immediately transfer or forward the electronic data transmission prescription to an alternative pharmacy designated by the requester, unless one of the following applies: (A) The action would result in a violation of any state or federal law. (B) The action is not supported by the latest version of the National Council for Prescription Drug Programs SCRIPT standard, as amended from time to time. (2) If a pharmacy is prohibited from transferring or forwarding electronic data transmission prescriptions, as specified in paragraph (1), to a designated alternative pharmacy, and that prohibition is subsequently removed, then that pharmacy shall implement, within one year from the date the prohibition is removed, the necessary provisions to allow for the transferring or forwarding of an electronic data transmission prescription. (h) If a pharmacy, or its staff, is aware than an attempted transmission of an electronic data transmission prescription failed, is incomplete, or is otherwise not appropriately received, the pharmacy shall immediately notify the prescribing health care practitioner. (i) A pharmacist who receives a written, oral, or faxed prescription shall not be required to verify that the prescription properly falls under one of the exceptions in subdivision (e). Pharmacists may continue to dispense medications from legally valid written, oral, or fax prescriptions pursuant to this division. (j) A health care practitioner, pharmacist, or pharmacy who fails to meet the applicable requirements of this section shall be referred to the appropriate state professional licensing board solely for administrative sanctions, as deemed appropriate by that board. This section does not create a private right of action against a health care practitioner. This section does not limit a health care practitioner’s liability for the negligent failure to diagnose or treat a patient. (k) This section shall not apply to a health care practitioner, pharmacist, or pharmacy when providing health care services to an inmate, individual on parole, or youth under the jurisdiction of the Department of Corrections and Rehabilitation. (Amended by Stats. 2022, Ch. 518, Sec. 1. (AB 852) Effective January 1, 2023.)
  99. 690.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 8. Selection of Healing Arts Practitioner [690- 690.] ( Article 8 added by Stats. 1967, Ch. 1515. )

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    Certain California public programs and officials may not stop eligible people from choosing a licensed optometrist or physician and surgeon for vision care, subject to stated exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 8. Selection of Healing Arts Practitioner [690- 690.] ( Article 8 added by Stats. 1967, Ch. 1515. ) ## 690. (a) Except as provided in Section 4601 of the Labor Code and Section 2627 of the Unemployment Insurance Code, neither the administrators, agents, or employees of any program supported, in whole or in part, by funds of the State of California, nor any state agency, county, or city of the State of California, nor any officer, employee, agent, or governing board of a state agency, county, or city in the performance of its, his, or her duty, duties, function, or functions, shall prohibit any person, who is entitled to vision care that may be rendered by either an optometrist or a physician and surgeon within the scope of his or her license, from selecting a duly licensed member of either profession to render the service, provided the member has not been removed or suspended from participation in the program for cause. (b) Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this section, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an injunction, or other appropriate order, restraining the conduct on application of the Attorney General, the district attorney of the county, or any person aggrieved. For purposes of this subdivision, “person aggrieved” means the person who seeks the particular medical or optometric services mentioned in this section, or the holder of any certificate who is discriminated against in violation of this section. (c) Nothing contained in this section shall prohibit any agency operating a program of services, including, but not limited to, a program established pursuant to Article 5 (commencing with Section 123800) of Chapter 3 of Part 2 of Division 106 of the Health and Safety Code, from preparing lists of healing arts licensees and requiring patients to select a licensee on the list as a condition to payment by the program for the services, except that if the lists are established and a particular service may be performed by either a physician and surgeon or an optometrist the list shall contain a sufficient number of licensees so as to assure the patients an adequate choice. (Amended by Stats. 2006, Ch. 538, Sec. 1. Effective January 1, 2007.)
  100. 6980.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 1. General Provisions [6980- 6980.] ( Article 1 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    This section defines key terms used in the locksmith chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 1. General Provisions [6980- 6980.] ( Article 1 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980. The following terms as used in this chapter have the meaning expressed in this article: (a) “Branch office” means any additional physical location, other than the principal place of business of a licensee, where any locksmith service is provided. Branch office includes the California office of any out-of-state business conducting, directing, dispatching, or managing a locksmith business, service, or service providers in California. A telephone answering service or a telephone call-forwarding device, for routing calls within the immediate geographic area, shall not be deemed to be a branch office. (b) “Bureau” means the Bureau of Security and Investigative Services. (c) “Chief” means the Chief of the Bureau of Security and Investigative Services. (d) “Department” means the Department of Consumer Affairs. (e) “Director” means the Director of the Department of Consumer Affairs. (f) “Employer” means a person who employs an individual for wages or salary, lists the individual on the employer’s payroll records, and withholds all legally required deductions and contributions. (g) “Employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s direction and control. An independent contractor is not an employee pursuant to this chapter. (h) “Employer-employee relationship” means an individual who works for another and where the individual’s name appears on the payroll records of the employer. (i) “Licensee” means a business entity, whether an individual, partnership, or corporation, licensed under this chapter. (j) “Locksmith” means any person who, for any consideration or compensation whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks, including, but not limited to, electronic cloning of transponder keys and any other electronic programming of automotive keys and electronic operating devices, such as key fobs, door and ignition key devices, and successive electronic and other high-security key technology. A “locksmith” does not mean a person whose activities are limited to making a duplicate key from an existing key. (k) “Person” means any individual, firm, company, association, organization, partnership, or corporation. (l) “Registrant” means an employee registered pursuant to the provisions of this chapter. (m) “Lock” means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device, including, but not limited to, a safe, vault, or safe deposit box. (n) “Recombination” means changing the combination of any combination-actuated lock. (o) “Master key system” means any system in which a lock is rekeyed so that the lock can be operated by its own individual key and can also be operated by a key that can operate other locks if the other locks cannot be operated with the lock’s individual key. (p) “Key duplication machine” means any tool whose only capability is to manufacture a new key by using an existing key as a guide, which includes, but is not limited to, any of the following: (1) Standard key duplication machines that are limited to duplication of a metallic key from an existing metallic key, standard single- or double-sided key, including a plastic “credit card” emergency key. (2) High-security key machines that include the duplication of restricted keys, such as sidewinders and laser cut styles of machines. (3) Transponder cloning and reprogramming machines that transfer electronic codes and signals and successive technology to keys, fobs, and door and ignition operating devices. (q) “Key blank” means a key that has not been altered or cut and does not include depth keys. (r) “Pin kit” means a container that holds only the following lock parts and materials: (1) Bottom pins. (2) Top pins (not including master pins). (3) Springs. (4) Plug follower. (5) Proprietary tools, provided by a lock manufacturer, designed for the purpose of rekeying a lock. (s) “Locksmith tool” means (1) any tool designed for the purpose of opening, bypassing, altering, rekeying, servicing, or repairing any lock, or (2) any burglar tool, as described in Section 466 of the Penal Code. (t) “Motor service vehicle” means any vehicle, as defined in Section 6161 of the Vehicle Code, or other mode of transportation, that is used in the business of rekeying, installing, repairing, opening, or modifying locks, or originating keys for locks. (Amended by Stats. 2008, Ch. 679, Sec. 1. Effective January 1, 2009.)
  101. 6980.1.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    The Department of Consumer Affairs has a Bureau of Security and Investigative Services, and the director must administer and enforce this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.1. There is in the Department of Consumer Affairs the Bureau of Security and Investigative Services. The bureau is under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  102. 6980.10.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    A person may not do locksmith work in this state unless licensed, registered, or exempt, and several forms of false license-related representation are misdemeanors.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.10. (a) No person shall engage within this state in the activities of a locksmith as defined in subdivision (j) of Section 6980, unless the person holds a valid locksmith license, is registered pursuant to the provisions of this chapter, or is exempt from the provisions of this chapter. (b) Any person who does any of the following is guilty of a misdemeanor, punishable by a fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment: (1) Acts as or represents himself or herself to be a licensee under this chapter when that person is not a licensee under this chapter. (2) Falsely represents that he or she is employed by a licensee under this chapter when he or she is not employed by a licensee under this chapter. (3) Carries a badge, identification card, or business card, indicating that he or she is a licensee under this chapter when he or she is not a licensee under this chapter. (4) Uses a letterhead or other written or electronically generated materials indicating that he or she is a licensee under this chapter when he or she is not a licensee under this chapter. (5) Advertises that he or she is a licensee under this chapter when he or she is not a licensee under this chapter. (c) A proceeding to impose the fine specified in subdivision (b) may be brought in any court of competent jurisdiction in the name of the people of the State of California by the Attorney General or by any district attorney or city attorney, or with the consent of the district attorney, the city prosecutor in any city or city and county having a full-time city prosecutor for the jurisdiction in which the violation occurred. If the action is brought by the district attorney, the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered and one-half to the treasurer of the county in which the judgment was entered. If the action is brought by the Attorney General, all of the penalty collected shall be deposited in the Private Security Services Fund. (Amended by Stats. 2008, Ch. 679, Sec. 2. Effective January 1, 2009.)
  103. 6980.12.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    This chapter does not apply to several listed people and workers who do locksmith-related work under specific conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.12. This chapter does not apply to the following persons: (a) A person, or his or her agent or employee, who is the manufacturer of a product, other than locks and keys, and who installs, repairs, opens, or modifies locks or who makes keys for the locks of that product as a normal incident to its marketing. (b) An employee who is an industrial or institutional locksmith, provided that the employee provides locksmith services only to a single employer that does not provide locksmith services for hire to the public for any consideration or compensation whatsoever. (c) A tow truck driver who does not originate keys for locks and whose locksmith services are limited to opening motor vehicles. (d) A person employed exclusively and regularly by a state correctional institution, or other state or federal agency, and who does not provide locksmith services for hire to the public for any consideration or compensation whatsoever. (e) (1) A person registered with the bureau pursuant to Chapter 11 (commencing with Section 7500) if the duties of that person’s position that constitute locksmithing are ancillary to the primary duties and functions of that person’s position. (2) A person licensed, certified, or registered pursuant to Chapter 11.6 (commencing with Section 7590) if the duties of that person’s position that constitute locksmithing are performed in combination with the installation, maintenance, moving, repairing, replacing, servicing, or reconfiguration of an alarm system, as defined in Section 7590.1, and limited to work on electronic locks or access control devices that are controlled by an alarm system control device, including the removal of existing hardware. (f) An agent or employee of a retail establishment that has a primary business other than providing locksmith services, providing all of the following criteria are met: (1) The services provided by the retail establishment are limited to rekeying and recombination of locks. (2) All rekeying, recombination, and installation of locks must take place on the premises of the retail establishment. (3) All rekeying, recombination, and installation services provided by the retail establishment subject to this chapter are limited to locks purchased on the retail establishment’s premises and are conducted prior to purchasers taking possession of the locks. (4) An unlicensed agent or employee of the retail establishment shall not advertise or represent himself or herself to be licensed under this chapter, and an agent or employee of the retail establishment shall not advertise or represent himself or herself to be a locksmith. (5) An agent or employee of the retail establishment shall not design or implement a master key system, as defined in subdivision (o) of Section 6980. (6) An agent or employee of the retail establishment shall not rekey, change the combination of, alter, or install any automotive locks. (7) The retail establishment shall not have on its premises any locksmith tool, as defined in subdivision (s) of Section 6980, other than the following: (A) Standard key duplication machines. (B) Key blanks. (C) Pin kits. (g) A law enforcement officer employed by any city, county, city and county, state, or federal law enforcement agency, if all services are performed during the course of the officer’s professional duties. (h) A firefighter or emergency medical person employed by any city, county, city and county, district, or state agency, if all services are performed during the course of duties as a firefighter or emergency medical person. (i) A new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, and an employee of a new motor vehicle dealer acting within the scope of employment at a dealership. (Amended by Stats. 2018, Ch. 406, Sec. 1. (SB 904) Effective January 1, 2019.)
  104. 6980.13.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    Violating this locksmith chapter, conspiring to do so, or knowingly using an unlicensed or nonexempt locksmith after written notice can be a misdemeanor with fines, jail, or both.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.13. (a) Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, or who knowingly engages a nonexempt or unlicensed locksmith after being notified in writing by the bureau of the individual’s unlicensed status with the bureau, is guilty of a misdemeanor, punishable by a fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment, except as otherwise provided in this chapter. (b) A proceeding to impose the fine specified in subdivision (a) may be brought in any court of competent jurisdiction in the name of the people of the State of California by the Attorney General or by any district attorney or city attorney, or with the consent of the district attorney, the city prosecutor in any city or city and county having a full-time city prosecutor for the jurisdiction in which the violation occurred. If the action is brought by the district attorney, the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered and one-half to the treasurer of the county in which the judgment was entered. If the action is brought by the Attorney General, all of the penalty collected shall be deposited in the Private Security Services Fund. (c) Any person who is convicted of a violation of this section or Section 6980.10 shall not be issued a license for a period of one year following a first conviction and shall not be issued a license for a period of five years following a second or subsequent conviction of this section or Section 6980.10 or any combination of those sections. (d) It is the intent of the Legislature that the prosecuting officer of any county or city shall prosecute all violations of this chapter occurring within his or her jurisdiction. (Amended by Stats. 2008, Ch. 679, Sec. 4. Effective January 1, 2009.)
  105. 6980.14.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    Courts may issue injunctions and civil fines for locksmith-code violations, and the chief may disconnect certain business phone numbers during license revocation, expiration, or suspension.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.14. (a) The superior court in and for the county where any person has engaged or is about to engage in any act that constitutes a violation of this chapter, or where any person engages in the business of a locksmith after the revocation or expiration of any license or during the period of suspension of any license, may, upon application of the chief or any person licensed under these provisions or any association representing those licensees or any member of the general public, issue an injunction or other appropriate order restraining this conduct and may impose civil fines not exceeding ten thousand dollars ($10,000). The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that there shall be no requirement to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable injury. (b) During the period of revocation, expiration, or suspension, any business telephone number used to conduct, direct, operate, dispatch, manage, or utilize an illegal, nonexempt, or unlicensed locksmith business, locksmith service, service provider, or related activity, may be disconnected by ruling of the chief. (c) The superior court for the county in which any person has engaged in any act that constitutes a violation of this chapter may, upon a petition filed by the chief with the approval of the director, order this person to make restitution to persons injured as a result of the violation. (d) The court may order a person subject to an injunction or restraining order, provided for in subdivision (a), or subject to an order requiring restitution pursuant to subdivision (c), to reimburse the bureau for expenses incurred by the bureau in its investigation related to its petition. (e) A proceeding to impose the fine specified in subdivision (a) and enjoin the unlicensed operation may be brought in any court of competent jurisdiction in the name of the people of the State of California by the Attorney General or by any district attorney or city attorney, or with the consent of the district attorney, the city prosecutor in any city or city and county having a full-time city prosecutor for the jurisdiction in which the violation occurred. If the action is brought by the district attorney, the penalty collected shall be paid to the treasurer of the county in which the judgment is entered. If the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered and one-half to the treasurer of the county in which the judgment was entered. If the action is brought by the Attorney General, all of the penalty collected shall be deposited in the Private Security Services Fund. (f) The remedy provided for by this section shall be in addition to any other remedy provided for in this chapter. (Repealed and added by Stats. 2008, Ch. 679, Sec. 6. Effective January 1, 2009.)
  106. 6980.15.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    A person doing work that requires a locksmith license may not sue to collect payment unless they prove they were licensed at all times while doing the work.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 3. Application of Chapter [6980.10 - 6980.15] ( Article 3 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.15. No person engaged in performing any service requiring a license under this chapter may bring or maintain any action in any court of this state for the collection of compensation for the performance of any act or agreement, without alleging and proving, that the person was duly licensed at all times during the performance of the act or agreement. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  107. 6980.17.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    A locksmith license application must be filed with the chief in the required form, include the application fee, and state the applicant’s name, business name, and business location. The chief may ask for more relevant information, and licenses cannot be issued in misleading or improper fictitious names.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.17. (a) An application for a locksmith license shall be made and filed with the chief in the form as may be required by the director, and shall be accompanied by the application fee prescribed by this chapter. The chief may require the submission of any other relevant information, evidence, statements, or documents. (b) Every application for a locksmith license shall state, among other things that may be required, the name of the applicant, the name under which the applicant will do business, and the location by street, number, and city of the office of the business for which the license is sought. (c) No license shall be issued in any fictitious name that may be confused with, or that is similar to, any federal, state, county, or municipal governmental function or agency, or to any law enforcement agency, or in any name that may tend to describe any business function or enterprise not actually engaged in by the applicant. (d) No license shall be issued in any fictitious name that is misleading or would constitute false advertising. (Amended by Stats. 2019, Ch. 377, Sec. 1. (SB 609) Effective January 1, 2020.)
  108. 6980.18.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    Applicants for a locksmith license must submit identification materials with the application, including fingerprints and a recent photograph, and the bureau may charge up to $3 to process fingerprint cards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.18. (a) Each individual applicant, each partner of a partnership, and designated officers of a corporation shall submit with the application one personal identification form provided by the chief upon which shall appear a photograph taken within one year immediately preceding the date of the filing of the application, together with two legible sets of fingerprints, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and a personal description of each person, respectively. Any photograph submitted by an applicant shall measure 11/4 by 11/2 inches, with a face size no greater than 1 by 11/4 inches. The identification form shall include residence addresses and employment history for the previous five years. (b) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology. (Amended by Stats. 1999, Ch. 318, Sec. 1. Effective January 1, 2000.)
  109. 6980.19.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    If the license applicant is an individual, the application must include the person’s full name and residence address and state that the applicant will personally and actively run the business. The application must also be subscribed, verified, and signed by the applicant under penalty of perjury.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.19. If the applicant for a license is an individual, the application shall state the full name of the individual, the full residence address of the applicant, and that the applicant is to be personally and actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by the applicant, under penalty of perjury. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  110. 6980.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The Governor must appoint a chief of the bureau, and the chief serves under the director’s direction and supervision.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.2. The Governor shall appoint a chief of the bureau at a salary to be fixed in accordance with Section 12080.3 of the Government Code. The chief shall serve under the direction and supervision of the director. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  111. 6980.20.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    If a license applicant is a partnership, the application must list the general partners’ true names and addresses and identify the partner who will actively manage the business.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.20. If the applicant for a license is a partnership, the application shall state the true names and addresses of all the general partners and the name of the partner to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed under penalty of perjury by all of the general partners. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  112. 6980.21.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A corporate license applicant must list key officers and a designated person on the application, include the corporation identification number, and have a duly authorized officer sign, verify, and subscribe it under penalty of perjury.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.21. (a) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive officer, secretary, chief financial officer, and any other corporate officer who will be active in the business to be licensed. The corporation identification number issued by the Secretary of State shall be indicated on the application. The application shall also state the name and address of a designated person to be actively in charge of the business for which the license is sought. The application shall be subscribed, verified, and signed by a duly authorized officer of the applicant under penalty of perjury. (b) Except as herein otherwise provided, no individual shall be placed in active charge of the business if the individual has ever had a license revoked for cause or has ever been disqualified from further employment in the locksmith business pursuant to this chapter. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  113. 6980.22.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A new or original locksmith license may not be issued while certain disciplinary actions are still pending.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.22. No new or original license shall be issued to any applicant pending final disposition of any disciplinary action previously filed against the person or applicant or partner, or officer of the applicant, or pending final disposition of any disciplinary action related to the locksmith business previously filed in another state against the person or applicant or partner, or officer of the applicant. (Amended by Stats. 2008, Ch. 679, Sec. 7. Effective January 1, 2009.)
  114. 6980.23.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The chief must issue pocket identification cards to the owner, partners, and officers, and the bureau may charge a fee for providing the card, subject to cost and $6 limits.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.23. The chief shall issue a pocket identification card to the owner, partners, and officers. The chief shall determine the form and content of the card. The pocket card shall be composed of durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the department for costs for furnishing the pocket card. The fee charged may not exceed the actual cost for system development, maintenance, and processing necessary to provide the service, and may not exceed six dollars ($6). (Amended by Stats. 1997, Ch. 401, Sec. 1.2. Effective January 1, 1998.)
  115. 6980.24.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The director must issue licenses and, on request and with the required fee, issue a Certificate of Licensure to a licensee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.24. The director shall issue a license, the form and content of which shall be determined in accordance with Section 164. In addition, the director shall issue a “Certificate of Licensure” to any licensee, upon request, with the fee prescribed in this chapter. A “Certificate of Licensure” shall include an embossed seal of the State of California and the signature of the chief or his or her designated representative. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  116. 6980.25.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    If an applicant does not finish an application within one year after filing it, the application is treated as abandoned.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.25. If an applicant fails to complete his or her application within one year after it has been filed, the application shall be considered to be abandoned. An application submitted subsequent to the abandonment of a former application shall be treated as a new application. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  117. 6980.26.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Locksmith licenses, and any current renewal certificate, must be displayed at all times at the business location, each branch office, and each mobile service vehicle covered by the license. The director may fine $250 for each violation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.26. (a) Each locksmith license, together with the current renewal certificate, if any, shall at all times be conspicuously displayed at the place of business, each branch office, and in each mobile service vehicle for which the license is issued. (b) The director may assess a fine of two hundred fifty dollars ($250) per violation of subdivision (a). These fines shall be deposited in the Private Security Services Fund. (Amended by Stats. 2008, Ch. 679, Sec. 8. Effective January 1, 2009.)
  118. 6980.27.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A locksmith license expires two years after issuance unless renewed, and the licensee must apply on the prescribed form and pay required unpaid fines and the renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.27. Every locksmith license shall expire at 12 midnight of the last day of the month two years following the date of issuance unless renewed; provided however, that the bureau may establish procedures, pursuant to Sections 152.5 and 152.6, for the administration of a staggered license renewal program. To renew an unexpired license or registration, the licensee shall apply for renewal on a form prescribed by the director, pay any and all fines assessed by the chief or the director which are not pending appeal, and pay the renewal fee prescribed by this chapter. On renewal, such evidence of renewal of the license or registration as the director may prescribe shall be issued to the licensee. The bureau shall send to each licensee a notice of renewal at least 45 calendar days prior to the expiration of each unexpired license. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  119. 6980.28.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A locksmith license cannot be renewed if it was not renewed within three years after expiration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.28. A locksmith license not renewed within three years following its expiration may not be renewed thereafter. Renewal of the license within three years, or issuance of an original license thereafter, shall be subject to payment of any and all fines assessed by the chief or the director which are not pending appeal and all other applicable fees. (Amended by Stats. 1998, Ch. 970, Sec. 13.3. Effective January 1, 1999.)
  120. 6980.29.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A suspended locksmith license can expire, must be renewed under this article, and the licensee cannot use the license to do locksmith work while it remains suspended and unreinstated.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.29. A suspended locksmith license is subject to expiration and shall be renewed as provided in this article, but renewal of the license 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. The bureau shall not issue a license renewal certificate on a suspended license until the period of suspension has terminated. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  121. 6980.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The director may appoint certain support personnel and set their compensation, and those personnel must do their duties under the chief’s supervision, except as Section 159.5 provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.3. The director, in accordance with the State Civil Service Act, and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel, as well as an assistant chief, as may be necessary to carry out the provisions of this chapter. Except as otherwise provided in Section 159.5, all personnel shall perform their respective duties under the supervision and direction of the chief. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  122. 6980.30.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A locksmith whose license was canceled may get a new license only if they comply with the chapter’s rules for an initial license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.30. A locksmith whose license has been canceled pursuant to this article, may obtain a new license only upon compliance with all of the provisions of this chapter relating to the issuance of an initial license. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  123. 6980.31.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A license issued under this chapter may not be transferred to someone else.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.31. No license issued pursuant to this chapter shall be transferred to another person. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  124. 6980.32.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee must notify the bureau in writing within 30 days after any change of residence or business address.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.32. Every licensee shall notify the bureau, in writing, within 30 days, of any change of residence or business address. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  125. 6980.33.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Licensed locksmiths and certain related persons must carry specified identification cards while working, and anyone doing work that requires a license must display the required cards.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 4. Licenses [6980.17 - 6980.33] ( Article 4 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.33. A licensee, or a partner or officer of a licensee, shall carry a valid pocket identification card, issued by the bureau pursuant to Section 6980.23, and either a valid driver’s license issued pursuant to Section 12811 of the Vehicle Code or a valid identification card issued pursuant to Section 13000 of the Vehicle Code, at all times the licensee, or partner or officer, is engaged in the work of a locksmith, as defined in this chapter, whether on or off the premises of the licensee’s place of business. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card, and driver’s license or identification card, as provided by regulation. (Amended by Stats. 2008, Ch. 679, Sec. 9. Effective January 1, 2009.)
  126. 6980.34.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Locksmith license applicants using a fictitious business name must include the county-clerk statement, and licensees must get a separate initial license for each fictitious name and not use any other business name in printed materials or directories.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.34. (a) Every application for a locksmith license in which the person applying desires to have the license issued under a fictitious business name shall include a certified copy of the fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7. (b) A licensee desiring to operate a locksmith business under one or more fictitious business names shall apply and qualify for an initial license for each fictitious business name. (c) No licensee shall indicate, or cause to be indicated, in any printed matter, or in any directory or listing, that he or she conducts a locksmith business under any name, other than the name for which he or she is licensed. (d) An application for a license for an additional fictitious business name shall be in the same form, and the applicant shall meet the same requirements, as for an initial license. (Amended by Stats. 1994, Ch. 1275, Sec. 41. Effective January 1, 1995.)
  127. 6980.35.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee who wants to run a locksmith business at a location other than the licensed principal place of business must apply for a branch office registration for each extra location.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.35. A licensee desiring to operate a locksmith business at a location other than the principal place of business as shown on the license shall apply for a branch office registration for each additional location as set forth in this chapter. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  128. 6980.37.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee who maintains or plans to maintain a branch office must apply and qualify for a branch office registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.37. A licensee who maintains or proposes to maintain a branch office as defined in this article, shall apply and qualify for a branch office registration. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  129. 6980.38.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    An applicant for a branch office registration must use a form prescribed by the director and include the fee required by the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.38. An application for a branch office registration under this article shall be on a form prescribed by the director and shall be accompanied by the fee as set forth in this chapter. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  130. 6980.39.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A branch office registration application must include specified information about the principal licensed location, the applicant’s license number, and the branch office.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.39. An application for a branch office registration shall include: (a) The full name and address of, and the telephone number at, the principal licensed location, and the license number of the applicant. (b) The address of, and the telephone number at, the branch office. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  131. 6980.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The chief must gather evidence of certain violations by unlicensed persons and provide that evidence to prosecuting officers.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.4. The chief shall gather evidence of violations of this chapter and of any rule or regulation established under this chapter by unlicensed persons who engage in a business for which a license is required under this chapter, and shall furnish the evidence to prosecuting officers of any county, city, or city and county for the purpose of prosecuting those violations. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  132. 6980.40.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    After a branch office registration application is received, the chief must issue the registration, and the registration must be posted at the branch office in a conspicuous place.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.40. Upon receipt of the application for a branch office registration, the chief shall issue a “Branch Office Registration.” The registration shall be posted in a conspicuous place at the branch office location. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  133. 6980.41.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Branch office registrations under this chapter must follow the same renewal rules as licenses under the chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 5. Licensed and Registered Locations [6980.34 - 6980.41] ( Article 5 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.41. Every branch office registration issued under this chapter shall be subject to the same renewal provisions which apply to a license as provided in this chapter. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  134. 6980.42.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Locksmith employees who are not already registered must file a registration application, fingerprint cards, and the fee within seven days after starting work, unless they ended employment within seven days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.42. (a) Within seven days after commencing employment, any employee of a locksmith who is not currently registered with the bureau and who is performing the services of a locksmith shall submit to the bureau a completed application for registration, two classifiable fingerprint cards, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and the appropriate registration fee. No application is required to be submitted if the employee terminated employment within seven days. “Within seven days” means 168 hours from the time an employee provides any service for which he or she shall be compensated by a licensee. (b) Except as provided in subdivision (c), an employee of a licensee may be assigned to work with a temporary registration card issued by the licensee until the bureau issues a registration card or denies the application for registration. A temporary registration card shall in no event be valid for more than 120 days. However, the director may extend the expiration date beyond the 120 days if there is an abnormal delay in processing applications for locksmith employees. For purposes of this section, the 120-day period shall commence on the date the applicant signs the application. (c) An employee who has been convicted of a crime prior to applying for a position as a locksmith employee performing the services of a locksmith shall not be issued a temporary registration card and shall not be assigned to work as a locksmith until the bureau issues a permanent registration card. This subdivision shall apply only if the applicant for registration has disclosed the conviction to the bureau on his or her application form, or if the fact of the conviction has come to the attention of the bureau through official court or other governmental documents. (d) The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology. (Amended by Stats. 1999, Ch. 318, Sec. 2. Effective January 1, 2000.)
  135. 6980.43.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Registration applications under this article must use a form prescribed by the director and include the fee set in this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.43. The application for registration under this article shall be on a form prescribed by the director and shall be accompanied by the fee as prescribed in this chapter. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  136. 6980.44.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    An employee registration application must be verified and must include specified employee and employer details.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.44. The application shall be verified and shall include the following: (a) The full name, residence address, telephone number, and date of birth of the employee. (b) The name, address, telephone number, and license number of the employer, and the date the employment commenced. (c) A statement as to whether the employee has been arrested or convicted of a misdemeanor, excluding minor traffic violations. (d) A statement as to whether the employee has been convicted of a felony. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  137. 6980.45.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The bureau must quickly decide whether registration applicants are fit after receiving certain criminal records, and it must immediately deny applications for people found unfit.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.45. The bureau, upon receipt of a criminal offense record or record of a subsequent arrest from the Department of Justice, shall make an immediate determination of fitness for registration of applicants for registration, when information contained in the records of the Department of Justice makes such a determination possible. Applications for registration of those determined to be unfit shall be immediately denied. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  138. 6980.46.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    If the chief finds an applicant has arrest information with no disposition shown, the chief must send the applicant a notice giving 45 days to provide disposition documents.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.46. (a) If the chief determines that an applicant’s criminal history contains arrest information for which no disposition appears, the chief shall issue a notice to the applicant allowing the applicant 45 days to provide documentation concerning the disposition of the arrest or arrests. (b) The notice shall be sent to the applicant and shall provide sufficient information to assist the applicant in complying with the chief’s request. If the applicant fails to respond within 45 days, the applicant’s employment shall be automatically suspended until the bureau obtains the necessary documentation to approve or deny the application. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  139. 6980.47.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    If the director finds an applicant or registrant’s continued employment may be an undue hazard to public safety, the licensee must suspend that person from that job capacity after proper notice from the director.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.47. If the director determines that continued employment of an applicant or registrant, in his or her current capacity, may present an undue hazard to public safety, the licensee, upon proper notification from the director, shall suspend the applicant or registrant from employment in that capacity. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  140. 6980.48.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The bureau must issue registration cards for qualified applicants, and registrants must carry the required card and ID while working as locksmiths.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.48. (a) Upon determining that the applicant is qualified for registration pursuant to this chapter, the bureau shall issue a pocket registration card to the employee. The applicant may request to be issued an enhanced pocket card that shall be composed of durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the department for costs for furnishing the enhanced pocket card. The fee charged may not exceed the actual cost for system development, maintenance, and processing necessary to provide the service, and may not exceed six dollars ($6). If the applicant does not request an enhanced card, the department shall issue a standard card at no cost to the applicant. (b) The registrant shall carry a valid registration card issued by the bureau under this section, and either a valid driver’s license issued pursuant to Section 12811 of the Vehicle Code or a valid identification card issued pursuant to Section 13000 of the Vehicle Code, at all times the registrant is engaged in the work of a locksmith whether on or off the premises of the licensee’s place of business. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card, and driver’s license or identification card, as provided by regulation. (Amended by Stats. 2008, Ch. 679, Sec. 11. Effective January 1, 2009.)
  141. 6980.49.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee must keep track of whether covered employees are properly registered and may not employ a locksmith whose registration is expired, revoked, denied, suspended, or canceled.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.49. A licensee shall at all times be responsible for ascertaining that his or her employees subject to registration are currently registered or have made proper application for registration as provided in this article. The licensee shall not have in his or her employment a person performing the services of a locksmith whose registration has expired, or been revoked, denied, suspended, or canceled. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  142. 6980.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The chief must investigate a locksmith’s business operations when the locksmith is out of compliance with this chapter or when the bureau receives a written complaint about the locksmith or employees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.5. It shall be the duty of the chief to initiate and conduct investigations into the business operations of any locksmith, on his or her own motion, if the locksmith is not operating in accordance with the provisions of this chapter, or there has been a written complaint to the bureau about the actions and conduct of the locksmith or his or her employees. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  143. 6980.50.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Employee registrations renew on a cycle, expire after two years, and must be renewed on time or within a short late window.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 6. Registration of Employees [6980.42 - 6980.50] ( Article 6 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.50. (a) All registrations shall be placed on a cyclical renewal and shall expire two years following the date of issuance or assigned renewal date. (b) At least 60 days prior to the expiration of a registration, a registrant who desires to renew his or her registration shall forward to the bureau a copy of his or her current registration card, along with the renewal fee as set forth in this chapter. (c) The licensee shall provide to any employee information regarding procedures for renewal of registration. (d) An expired registration may still be renewed within 30 days from the date of expiration provided the registrant pays a delinquency fee provided by this chapter. A registration not renewed within 30 days following its expiration may not be renewed thereafter. The holder of an expired registration may obtain a new registration only on compliance with all the provisions of this chapter relating to the issuance of an original registration. The holder of an expired registration shall not engage in any activity requiring registration under this chapter until the bureau issues a renewal or new registration. (e) If the renewed registration card has not been delivered to the registrant, prior to the date of expiration of the prior registration, the registrant may present evidence of renewal to substantiate continued registration, for a period not to exceed 90 days after the date of expiration. (f) A registration shall not be renewed until any and all fines, not pending appeal, assessed by the chief or the director have been paid. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  144. 6980.53.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensed locksmith must follow client-identification and work-order rules, keep each work order copy for two years, include the locksmith’s name and license number, and make the copy available to the bureau or a peace officer.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.53. A locksmith licensed by the bureau shall be subject to the provisions of Sections 466.6 and 466.8 of the Penal Code requiring verification of identification of clients and maintenance of work orders containing required client information. A copy of each work order completed pursuant to Sections 466.6 and 466.8 of the Penal Code shall be retained for two years, shall include the name and license number of the locksmith performing the service, and shall be open to inspection by the bureau or any peace officer during business hours or submitted to the bureau upon request. (Amended by Stats. 2008, Ch. 679, Sec. 12. Effective January 1, 2009.)
  145. 6980.54.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensed locksmith may duplicate vehicle keys, and may duplicate certain other keys unless the key is marked or qualifies as restricted/high-security under the stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.54. (a) A locksmith licensed by the bureau shall be subject to the provisions of Section 466.6 of the Penal Code, and shall be able to duplicate any key for any vehicle from another key. (b) A locksmith licensed by the bureau shall be subject to the provisions of Section 466.8 of the Penal Code, and shall be able to duplicate any key for a residence, commercial establishment, or personal property from another key, except as follows: (1) Duplication is prohibited when a key is stamped, imprinted, marked, or incised with the wording “Do Not Duplicate” or “Unlawful To Duplicate” and includes the originator’s company name and telephone number. (2) Duplication is prohibited when a key is a Restricted Key or a High Security Key and includes the originator’s company name and telephone number or registration number. (Added by Stats. 2008, Ch. 679, Sec. 13. Effective January 1, 2009.)
  146. 6980.55.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Locksmiths who open certain premises or make vehicle-opening keys must collect specified customer information, complete work orders, keep copies for two years, and make them available for inspection or request.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.55. (a) Any locksmith who knowingly and willfully opens any residence, or commercial establishment for another by any method involving an on-site inspection of a door or entrance, whether or not for compensation, shall obtain the street address of the residence or commercial establishment, and the signature of the person for whom the residence or commercial establishment was opened on a work order form. The following information regarding the person requesting entry to the residence or commercial property shall be recorded on a work order form: (1) Name. (2) Address. (3) Telephone Number. (4) Date of Birth. (5) Driver’s license or identification number. A copy of each work order form shall be retained for two years, shall include the name and license number of the locksmith performing the service, and shall be open for inspection by any peace officer or by the bureau during business hours or submitted to the bureau upon request. (b) Any locksmith who makes keys capable of opening a motor vehicle or personal property registered under the Vehicle Code for another by any method, whether or not for compensation, shall obtain the name, date of birth, and driver’s license number or identification number of the person requesting entrance, and the registration or identification number of the vehicle or personal property registered under the Vehicle Code for which entrance is requested. This information together with the date the service was performed, and the signature of the person requesting entrance, shall be set forth on a work order. A copy of each work order form shall be retained for two years, shall include the license number of the locksmith performing the service, and shall be open for inspection by a peace officer or by the bureau during business hours or submitted to the bureau upon request. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  147. 6980.58.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee is responsible for employee actions that violate this chapter when the employees are acting within the course and scope of employment.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.58. A licensee shall at all times be responsible for those actions of his or her employees performed in violation of this chapter, when acting within the course and scope of his or her employment. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  148. 6980.59.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Licensees must tell the bureau within 30 days about certain officer changes and new partners; new officers and partners must submit applications on director-prescribed forms.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.59. (a) A licensee shall notify the bureau within 30 days of any change of its officers required to be named pursuant to Section 6980.21 and of the addition of any new partners. Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may deny the application of a new officer or partner if the director determines that the officer or partner has committed any act which constitutes grounds for the denial of a license pursuant to Section 6980.71. (b) A Notice of Warning shall be issued for the first violation of this section. Thereafter, the director shall assess a fine of five hundred dollars ($500) for each subsequent violation of this section. (Amended by Stats. 2008, Ch. 679, Sec. 14. Effective January 1, 2009.)
  149. 6980.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    The director may delegate most powers and duties under this chapter to the chief, and the chief may delegate powers and duties to specified bureau or department personnel.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.6. (a) Every power and duty granted to, or imposed upon, the director under this chapter may be delegated to the chief, except that the director may not delegate authority to adopt, or otherwise act upon, any proposed decision of a hearing officer after a hearing under the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The chief may delegate any power or duty granted to, or imposed upon, him or her under this chapter to the deputy chief, the assistant chief, or any inspection, investigation, or auditing personnel of the bureau or the department. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  150. 6980.60.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    Licensees and employees may not conduct business from any location other than the one covered by the license or branch office registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.60. No licensee or employee shall conduct business from any location other than the location for which a license or branch office registration was issued. (Amended by Stats. 2008, Ch. 679, Sec. 15. Effective January 1, 2009.)
  151. 6980.61.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

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    A licensee may not conduct a business as an individual, partnership, or corporation unless the licensee holds a valid license issued to that same individual, partnership, or corporation.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.61. No licensee shall conduct a business as an individual, partnership, or corporation, unless the licensee holds a valid license issued to the same individual, partnership, or corporation. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  152. 6980.62.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Each licensee must keep employee records and make them available to the bureau on request.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.62. (a) Each licensee shall maintain a file or record containing the name, address, commencing date of employment, and position of each employee, and the date of termination of employment when an employee is terminated. The files and records, together with usual payroll records, shall be available for inspection by the bureau, and copies thereof and information pertaining thereto or contained therein shall be submitted to the bureau upon written request. (b) A licensee shall respond to the bureau’s request to forward copies of the files or records and information pertaining thereto or contained therein within 30 days of the bureau’s request. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  153. 6980.63.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Each licensee must, within seven days, verify bureau-issued current and valid registration for each registrable employee or require the employee to file a registration application.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.63. Within seven days, each licensee shall verify proof of current and valid registration issued by the bureau for each employee who is subject to registration, or shall require an employee to complete and submit an application for registration, pursuant to Section 6980.42, after employing an individual who does not possess a current and valid registration from the bureau. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  154. 6980.64.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee’s business advertisements must include the business name, address or telephone number, and license number shown in bureau records.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.64. (a) Every advertisement by a licensee soliciting or advertising business shall contain his or her business name, business address, or business telephone number, and license number as they appear in the records of the bureau. (b) For the purpose of this section, “advertisement” includes any business card, stationery, brochure, flyer, circular, newsletter, fax form, printed or published paid advertisement in any media form, directory listing, or telephone book listing. (c) The director may assess a fine of five hundred dollars ($500) for the first violation of this section and one thousand dollars ($1,000) for each subsequent violation. These fines shall be deposited in the Private Security Services Fund. (Amended by Stats. 2008, Ch. 679, Sec. 16. Effective January 1, 2009.)
  155. 6980.65.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Licensees or other persons must not help an unlicensed or nonexempt locksmith perform work that requires a license.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.65. No licensee or person shall aid and abet an unlicensed or nonexempt locksmith in any activity for which a license is required. For purposes of this section, to aid or abet includes, but is not limited to, the falsification of documents or facilitation of the acquisition of locksmith tools. Any licensee or person found in violation of this section shall be subject to Section 6980.14. A person shall not be subject to this section if he or she reasonably relied on a copy of a license, registration, pocket registration, or pocket identification card. (Amended by Stats. 2008, Ch. 679, Sec. 17. Effective January 1, 2009.)
  156. 6980.68.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensee must not willfully or deliberately ignore state or local building or safety laws.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.68. No licensee shall willfully or deliberately disregard any building or safety laws of the state or any political subdivision thereof. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  157. 6980.69.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A locksmith licensee must not materially fail to complete contracted lock installation, repair, opening, or modification work at the stated contract price.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 7. Conduct of Business [6980.53 - 6980.69] ( Article 7 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.69. No licensee shall fail in any material respect to complete the installation, repair, opening, or modification of a lock for the price stated in the contract for services. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  158. 6980.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The director may adopt and enforce reasonable and necessary rules and regulations for licensing applicants, regulating licensees, and enforcing this chapter to protect the public.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.7. (a) The director may adopt and enforce rules and regulations as may be reasonable and necessary for issuing licenses to applicants, for the conduct of the licensees, or for the general enforcement of this chapter in the protection of the public. (b) These rules and regulations shall be adopted in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Repealed and added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  159. 6980.71.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The director and bureau may deny a locksmith license or registration only on specified grounds, and any denial must be written, state the reasons, and tell the applicant how to request review within 30 days.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.71. (a) The director may deny a license or registration regulated by this chapter on the grounds that the applicant has done any of the following: (1) Knowingly made a false statement of fact required to be revealed in the application for a license. (2) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the bureau is permitted to take following the establishment of a conviction may be taken 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 the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code. (3) Committed any act involving dishonesty, fraud, or deceit, with the intent to substantially benefit himself, herself, or another, or to substantially injure another. (4) Committed any act which, if done by a licensee, would be grounds for suspension or revocation of a license. (5) Been refused a license under this chapter or had a license revoked. (6) Been an officer, partner, or manager of any person who has been refused a license under this chapter or whose license has been suspended or revoked. (b) The bureau may deny a license or registration pursuant to this section only if the crime or act is substantially related to the qualifications, functions, or duties of the license or registration for which application has been made. (c) The denial of a license or registration shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if he or she desires a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the review shall be requested within 30 days of the issuance of the denial. (d) Notwithstanding any other provision of this chapter, no person shall be denied a license or registration solely on the basis that he or she has been convicted of a felony, if he or she has obtained a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or solely on the basis that he or she has been convicted of a misdemeanor, if he or she has met all applicable requirements of the criteria of rehabilitation as provided in Section 6980.72. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  160. 6980.72.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The chief must consider listed rehabilitation criteria when deciding whether to deny, suspend, revoke, or reinstate a license or registration.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.72. (a) When considering the denial, suspension, or revocation of a license or registration for which application has been made under this chapter, the chief, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license or registration, shall consider all the following criteria: (1) The nature and severity of the act or crime under consideration as grounds for denial. (2) The applicant’s total criminal record. (3) Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, suspension, or revocation which also could be considered as grounds for denial under Section 6980.71. (4) The time that has elapsed since commission of the act or crime referred to in paragraph (1) or (2). (5) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant. (6) Evidence, if any, of rehabilitation submitted by the applicant. (b) When considering a petition for reinstatement of a license or registration, the chief shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subdivision (a). (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  161. 6980.73.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A locksmith’s license or registration must be automatically suspended if the locksmith is convicted of a crime substantially related to locksmith duties.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.73. (a) The license or registration of a locksmith shall be automatically suspended if the locksmith is convicted of any crime which is substantially related to the functions, duties, and responsibilities of a locksmith. The automatic suspension shall be effectuated by the mailing of a notice of conviction and suspension of license to be sent by the bureau to the licensee at his or her address of record. (b) The notice shall contain a statement of preliminary determination by the director or his or her designee that the crime stated is reasonably related to the functions, duties, and responsibilities of a locksmith. (c) In enacting this section, the Legislature finds and declares that locksmiths convicted of crimes reasonably related to the functions, duties, and responsibilities of a locksmith shall be subject to automatic suspension of their license and that summary suspension is justified by compelling state interests of public safety and security within the meaning of the California Supreme Court’s decision in Eye Dog Foundation v. State Board of Guide Dogs for the Blind, 67 Cal. 2d 536. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  162. 6980.74.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The bureau may suspend or revoke a locksmith license for certain unlawful acts, and those acts are also unlawful.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.74. (a) The bureau may suspend or revoke a license issued pursuant to this chapter for acts including, but not limited to, any of the following acts which shall also be unlawful: (1) Misrepresentation or concealment of a material fact in a license application. (2) Interference with authorized personnel engaged in the enforcement or administration of this chapter. (3) Knowingly using or permitting the use of any of his or her skills, tools, or facilities for the commission of any crime. (4) Conviction of a crime substantially related to the qualifications, functions, or duties of a locksmith. (5) A violation of this chapter or the rules and regulations adopted under the authority of this chapter. (b) The bureau may suspend or revoke a license issued to a corporation or to a partnership for the commission of any act listed in subdivision (a) by an officer of the corporation or by a partner in the partnership. (Amended by Stats. 2000, Ch. 568, Sec. 16. Effective January 1, 2001.)
  163. 6980.75.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A record of conviction, or a certified copy, is conclusive evidence of the conviction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.75. A record of conviction, or a certified copy thereof, shall be conclusive evidence of conviction. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  164. 6980.76.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The bureau must conduct proceedings to deny, revoke, or suspend a license under the referenced Government Code procedure.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.76. The proceedings of the bureau to deny a license application, or to revoke or suspend a license, shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of the Government Code. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  165. 6980.77.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    A licensed corporation can be automatically suspended if it is not registered and in good standing with the Secretary of State and Franchise Tax Board after notice.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 8. Disciplinary Proceedings and Administrative Citations [6980.71 - 6980.77] ( Article 8 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.77. Notwithstanding any other law, the failure of any person licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau shall result in the automatic suspension of the licensee by operation of law. The bureau shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State or Franchise Tax Board, or both, and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the bureau that it is properly registered and in good standing with the Secretary of State or Franchise Tax Board, or both. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the bureau that the license is properly registered and in good standing and the payment of the reinstatement fee as prescribed by this chapter. (Added by Stats. 2021, Ch. 376, Sec. 3. (AB 830) Effective January 1, 2022.)
  166. 6980.79.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    This section sets minimum and maximum fees for locksmith licenses, registrations, renewals, verifications, replacements, reinstatements, and related fingerprint processing.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.79. The fees prescribed by this chapter are those fixed in the following schedule: (a) A locksmith license application fee shall be at least two hundred fifty dollars ($250) and may be increased to an amount not to exceed two hundred seventy-five dollars ($275). (b) An original license fee for a locksmith license shall be at least two hundred fifty dollars ($250) and may be increased to an amount not to exceed two hundred seventy-five dollars ($275), and a renewal fee for a locksmith license shall be at least five hundred dollars ($500) and may be increased to an amount not to exceed five hundred fifty dollars ($550). (c) A branch office initial registration fee shall be at least two hundred fifty dollars ($250) and may be increased to an amount not to exceed two hundred seventy-five dollars ($275), and a branch office renewal fee shall be at least one hundred fifty dollars ($150) and may be increased to an amount not to exceed one hundred sixty-five dollars ($165). (d) Notwithstanding Section 163.5, the reinstatement fee as required by Section 6980.28 is the amount equal to the renewal fee plus a penalty of 50 percent thereof. (e) An initial registration fee for an employee performing the services of a locksmith shall be at least fifty-five dollars ($55) and may be increased to an amount not to exceed sixty dollars ($60). (f) A registration renewal fee for an employee performing the services of a locksmith shall be at least forty dollars ($40) and may be increased to an amount not to exceed forty-four dollars ($44). (g) The fingerprint processing fee is that amount charged to the bureau by the Department of Justice. (h) All applicants seeking a license pursuant to this chapter shall also remit to the bureau the fingerprint fee that is charged to the bureau by the Department of Justice. (i) The fee for a Certificate of Licensure, as specified in Section 6980.24, shall be at least twenty-five dollars ($25). (j) A delinquency fee is the amount equal to the renewal fee plus a penalty of 50 percent thereof. (k) The fee for an endorsed verification of licensure or registration shall be twenty-five dollars ($25). The verification document shall include the license or registration number, the license or registration history and current status, the date of the endorsement, an embossed seal, and the signature of the chief. (l) The fee for the replacement of a lost or destroyed registration card, license, or certificate authorized by this chapter shall be twenty-five dollars ($25). The request for a replacement of a registration card, license, or certificate shall be made in the manner prescribed by the bureau. (m) The reinstatement fee following a suspension pursuant to Section 6980.77 shall be 25 percent of the renewal fee. (Amended by Stats. 2021, Ch. 376, Sec. 4. (AB 830) Effective January 1, 2022.)
  167. 6980.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The chief or the chief’s designee may inspect or investigate a locksmith’s relevant records, books, accounts, and files.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.8. The chief or his or her designee may inspect, examine, or investigate the relevant records, books, accounts, and files created and maintained by a locksmith. The chief shall have access to those relevant business records necessary to the examination for the purpose of performing a random audit to determine compliance with the provisions of this chapter. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  168. 6980.80.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The initial application fee becomes earned when the license application is received by the bureau, and no refund is due if the applicant lacks required qualifications or is denied a license under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.80. The initial application fee is considered an earned fee at the time an application for a license is received by the bureau. No refund shall be made to the applicant in the event that the applicant is found to lack the required qualifications, or is otherwise denied a license pursuant to this chapter. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  169. 6980.81.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The bureau must report monthly to the Controller the amount and source of revenue received under this chapter, pay that money into the State Treasury for the Private Security Services Fund, and use fund money only for this chapter’s purposes.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.81. (a) The bureau shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and shall pay the entire amount thereof into the State Treasury for credit to the Private Security Services Fund. (b) All moneys paid into the Private Security Services Fund pursuant to subdivision (a) shall be used for the purposes of this chapter. (Amended by Stats. 2005, Ch. 74, Sec. 17. Effective July 19, 2005.)
  170. 6980.82.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The director must give one free copy of the licensing law and rules to any applicant or licensee, may charge for additional copies and other requested copies, and must use the money as specified.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.82. The director shall furnish one copy of the licensing law and rules and regulations to any applicant or licensee without charge. The director shall charge and collect a fee equivalent to the cost of producing such laws, rules and regulations, manuals, or guides, plus sales tax for each additional copy which may be furnished on request to any applicant or licensee, and for each copy furnished on request to any other person. All moneys derived pursuant to this section, except for any sales tax collected, shall be used to cover the costs of producing copies of these laws, rules and regulations, manuals, or guides. All moneys collected for sales tax shall be remitted to the State Board of Equalization. (Amended by Stats. 2005, Ch. 74, Sec. 18. Effective July 19, 2005.)
  171. 6980.83.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    Application or licensee fees are not refundable unless Section 158 allows it.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.83. Application or licensee fees shall not be refunded except in accordance with Section 158. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  172. 6980.84.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The section requires separate budget, expenditure, and revenue statements for locksmith licensing and regulation, and it requires fee reductions in the next fiscal year if licensing revenue surpluses reach a specified level.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 9. Revenue [6980.79 - 6980.84] ( Article 9 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.84. (a) There shall be a separate budget and expenditure statement, and a separate revenue statement, outlining all moneys derived from, and expended for, the licensing and regulation of locksmiths and registrants in accordance with the provisions of this chapter. (b) If, at the end of any fiscal year, the moneys derived from the licensing of locksmiths and registrants is in surplus in an amount equal or greater than the moneys necessary for the regulation of locksmiths and registrants for the next two fiscal years, license or other fees shall be reduced during the following fiscal year by an amount that will reduce any surplus moneys derived from the licensing of locksmiths and registrants to an amount less than the moneys expended for the regulation of locksmiths and registrants for the next two fiscal years. (Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.)
  173. 6980.9.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. )

    Verify source ↗

    The bureau should keep reserves no larger than needed for operating expenses and periodically review fees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 2. Administration [6980.1 - 6980.9] ( Article 2 added by Stats. 1993, Ch. 1263, Sec. 5. ) ## 6980.9. It is the intent of the Legislature, consistent with Section 128.5 of the Business and Professions Code, that the bureau shall not maintain a reserve balance of funds greater than the amount necessary to fund operating expenses of the bureau and that the bureau shall periodically review fees pursuant to this chapter to evaluate the appropriateness of each fee and the regulatory costs associated with each fee. (Added by Stats. 2017, Ch. 429, Sec. 18. (SB 547) Effective January 1, 2018.)
  174. 6981.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 10. Review [6981- 6981.] ( Article 10 added by Stats. 2016, Ch. 800, Sec. 2. )

    Verify source ↗

    The bureau’s powers and duties under this chapter must be reviewed by the Legislature’s appropriate policy committees.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 8.5. Locksmiths [6980 - 6981] ( Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5. ) ## ARTICLE 10. Review [6981- 6981.] ( Article 10 added by Stats. 2016, Ch. 800, Sec. 2. ) ## 6981. Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2029. (Amended by Stats. 2024, Ch. 484, Sec. 3. (SB 1454) Effective January 1, 2025.)
  175. 7.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    A conviction for a crime under a repealed act still counts as a conviction under this code if the crime remains a public offense under this code.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 7. Any conviction for a crime under any act repealed by this code, which crime is continued as a public offense by this code, constitutes a conviction under this code for any purpose for which it constituted a conviction under the act repealed. (Enacted by Stats. 1937, Ch. 399.)
  176. 7.5.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

    Verify source ↗

    This section defines “conviction,” limits when a board may deny a license, and says the section overrides conflicting conviction definitions in individual practice acts, with listed exceptions.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 7.5. (a) A conviction within the meaning of this code means a judgment following a plea or verdict of guilty or a plea of nolo contendere or finding of guilt. Any action which a board is permitted to take following the establishment of a conviction may be taken 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 the imposition of sentence. However, a board may not deny a license to an applicant who is otherwise qualified pursuant to subdivision (b) or (c) of Section 480. (b) (1) Nothing in this section shall apply to the licensure of persons pursuant to Chapter 4 (commencing with Section 6000) of Division 3. (2) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure: (A) The State Athletic Commission. (B) The Bureau for Private Postsecondary Education. (C) The California Horse Racing Board. (c) Except as provided in subdivision (b), this section controls over and supersedes the definition of conviction contained within individual practice acts under this code. (d) This section shall become operative on July 1, 2020. (Repealed and added by Stats. 2018, Ch. 995, Sec. 2. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)
  177. 700.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. )

    Verify source ↗

    The Legislature says this article creates an inactive licensure category for healing arts professionals who are not actively practicing.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. ) ## 700. It is the intent of the Legislature to establish in this article an inactive category of health professionals’ licensure. Such inactive licenses or certificates are intended to allow a person who has a license or certificate in one of the healing arts, but who is not actively engaged in the practice of his or her profession, to maintain licensure or certification in a nonpracticing status. (Added by Stats. 1977, Ch. 410.)
  178. 7000.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    This chapter is called the Contractors State License Law.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7000. This chapter constitutes, and may be cited as, the Contractors State License Law. (Amended by Stats. 2020, Ch. 312, Sec. 46. (SB 1474) Effective January 1, 2021.)
  179. 7000.2.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    Cities, counties, and city and county governments may require contractors to prove local business tax compliance before issuing a permit, and may deny a permit to a licensed contractor who is not compliant.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7000.2. Nothing in this code shall be interpreted to prohibit cities, counties, and cities and counties from requiring contractors to show proof that they are in compliance with local business tax requirements of the entity prior to issuing any city, county, or city and county permit. Nothing in this code shall be interpreted to prohibit cities, counties, and cities and counties from denying the issuance of a permit to a licensed contractor who is not in compliance with local business tax requirements. Any business tax required or collected as part of this process shall not exceed the amount of the license tax or license fee authorized by Section 37101 of the Government Code or Section 16000 of the Business and Professions Code. (Added by Stats. 1992, Ch. 325, Sec. 1. Effective January 1, 1993.)
  180. 7000.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The Contractors State License Board is placed in the Department of Consumer Affairs, has 15 members, becomes subject to legislative committee review if this section is repealed, and this section sunsets on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7000.5. (a) There is in the Department of Consumer Affairs a Contractors State License Board, which consists of 15 members. (b) Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 485, Sec. 1. (SB 1455) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  181. 7000.6.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    The Contractors State License Board must make public protection its highest priority.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7000.6. Protection of the public shall be the highest priority for the Contractors State License Board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Amended by Stats. 2020, Ch. 312, Sec. 48. (SB 1474) Effective January 1, 2021.)
  182. 7001.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    Board members other than public members must be active contractors with at least five years’ prior experience and must keep working in contracting during their term. Appointees who are not public members must hold an unexpired contractor license at the time of appointment. Public members cannot be licentiates of the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7001. All members of the board, except the public members, shall be contractors actively engaged in the contracting business, have been so engaged for a period of not less than five years preceding the date of their appointment and shall so continue in the contracting business during the term of their office. No one, except a public member, shall be eligible for appointment who does not at the time hold an unexpired license to operate as a contractor. The public members shall not be licentiates of the board. (Amended by Stats. 2000, Ch. 1005, Sec. 2. Effective January 1, 2001.)
  183. 7002.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    This section sets the board’s membership mix and the eligibility rules for public members, contractor members, and all board members.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7002. (a) One member of the board shall be a general engineering contractor, two members shall be general building contractors, two members shall be specialty contractors, one member shall be a member of a labor organization representing the building trades, one member shall be an active local building official, and eight members shall be public members, one of whom shall be from a statewide senior citizen organization. (b) No public member shall be a current or former licensee of the board or a close family member of a licensee or be currently or formerly connected with the construction industry or have any financial interest in the business of a licensee of the board. Each public member shall meet all of the requirements for public membership on a board as set forth in Chapter 6 (commencing with Section 450) of Division 1. Notwithstanding the provisions of this subdivision and those of Section 450, a representative of a labor organization shall be eligible for appointment to serve as a public member of the board. (c) Each contractor member of the board shall be of recognized standing in his or her branch of the contracting business and hold an unexpired license to operate as a contractor. In addition, each contractor member shall, as of the date of his or her appointment, be actively engaged in the contracting business and have been so engaged for a period of not less than five years. Each contractor member shall remain actively engaged in the contracting business during the entire term of his or her membership on the board. (d) Each member of the board shall be at least 30 years of age and of good character. In addition, each member shall have been a citizen and resident of the State of California for at least five years next preceding his or her appointment. (e) For the purposes of construing this article, the terms “general engineering contractor,” “general building contractor,” and “specialty contractor” shall have the meanings given in Article 4 (commencing with Section 7055) of this chapter. (Amended by Stats. 2000, Ch. 1005, Sec. 3. Effective January 1, 2001.)
  184. 7003.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    This section sets appointment rules and term limits for board members, including who appoints certain members and how long members may serve.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7003. Except as otherwise provided, an appointment to fill a vacancy caused by the expiration of the term of office shall be for a term of four years and shall be filled, except for a vacancy in the term of a public member, by a member from the same branch of the contracting business as was the branch of the member whose term has expired. A vacancy in the term of a public member shall be filled by another public member. Each member shall hold office until the appointment and qualification of his or her successor or until the office is deemed to be vacant pursuant to Section 1774 of the Government Code, whichever first occurs. Vacancies occurring in the membership of the board for any cause shall be filled by appointment for the balance of the unexpired term. No person shall serve as a member of the board for more than two consecutive terms. The Governor shall appoint four of the public members, including the public member who is from a statewide senior citizen organization, the local building official, the member of a labor organization representing the building trades, and the five contractor members qualified as provided in Section 7002. The Senate Rules Committee and the Speaker of the Assembly shall each appoint two public members. (Amended by Stats. 2000, Ch. 1005, Sec. 4. Effective January 1, 2001.)
  185. 7005.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The Governor may remove a board member for misconduct, incompetency, or neglect of duty.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7005. The Governor may remove any member of the board for misconduct, incompetency or neglect of duty. (Added by Stats. 1939, Ch. 37.)
  186. 7006.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board must meet at least once each calendar quarter, and it should try to webcast regularly scheduled quarterly meetings when resources allow.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7006. The board shall meet at least once each calendar quarter for the purpose of transacting business as may properly come before it. The board shall make every effort to make all regularly scheduled quarterly meetings of the board available as a webcast when the appropriate resources are available. Special meetings of the board may be held at times as the board may provide in its bylaws. Four members of the board may call a special meeting at any time. (Amended by Stats. 2019, Ch. 378, Sec. 2. (SB 610) Effective January 1, 2020.)
  187. 7007.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    A board meeting has a quorum when eight members are present, and each member must receive due notice of the meeting time and place as provided by the bylaws.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7007. Eight members constitute a quorum at a board meeting. Due notice of each meeting and the time and place thereof shall be given each member in the manner provided by the bylaws. (Amended by Stats. 2000, Ch. 1005, Sec. 5. Effective January 1, 2001.)
  188. 7008.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board may appoint committees and make necessary rules and regulations, and those rules must be adopted under the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7008. The board may appoint such committees and make such rules and regulations as are reasonably necessary to carry out the provisions of this chapter. Such rules and regulations shall be adopted in accordance with the provisions of the Administrative Procedure Act. (Amended by Stats. 1983, Ch. 891, Sec. 1.)
  189. 7009.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    Any member or committee of the board may administer oaths and take testimony and proofs about matters within the board’s jurisdiction.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7009. Any member or committee of the board may administer oaths and may take testimony and proofs concerning all matters within the jurisdiction of the board. (Added by Stats. 1939, Ch. 37.)
  190. 701.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. )

    Verify source ↗

    This section defines “board” and requires each healing arts board to issue an inactive license or certificate when an eligible active license holder applies and pays the normal renewal fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 1. General Provisions [500 - 865.2] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 9. Inactive License [700 - 704] ( Article 9 added by Stats. 1977, Ch. 410. ) ## 701. (a) As used in this article, “board” refers to any healing arts board, division, or examining committee which licenses or certifies health professionals. (b) Each healing arts board referred to in this division shall issue, upon application and payment of the normal renewal fee, an inactive license or certificate to a current holder of an active license or certificate whose license or certificate is not suspended, revoked, or otherwise punitively restricted by that board. (Amended by Stats. 2018, Ch. 249, Sec. 1. (AB 1659) Effective January 1, 2019.)
  191. 7010.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board has the functions and duties for administering this chapter, except for functions and duties given to the director under Division I.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7010. The board is vested with all functions and duties relating to the administration of this chapter, except those functions and duties vested in the director under the provisions of Division I of this code. (Added by Stats. 1939, Ch. 37.)
  192. 7011.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board must appoint a registrar of contractors, with the director’s approval, and set the registrar’s compensation. The registrar must serve as the board’s executive officer and secretary and perform the chapter’s administrative duties assigned by law or by the board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7011. (a) The board, by and with the approval of the director, shall appoint a registrar of contractors and fix the registrar’s compensation. (b) The registrar shall be the executive officer and secretary of the board and shall carry out all of the administrative duties as provided in this chapter and as delegated to the registrar by the board. (c) For the purpose of administration of this chapter, there may be appointed a deputy registrar, a chief reviewing and hearing officer, and, subject to Section 159.5, other assistants and subordinates as may be necessary. (d) Appointments shall be made in accordance with the provisions of civil service laws. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 485, Sec. 2. (SB 1455) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  193. 7011.3.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The registrar may not assess a civil penalty against a licensed contractor for the same offense if the Labor Commissioner has already assessed a specified civil penalty under Labor Code Section 1020 or 1022.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7011.3. The registrar shall not assess a civil penalty against a licensed contractor who has been assessed a specified civil penalty by the Labor Commissioner under Section 1020 or 1022 of the Labor Code for the same offense. (Added by Stats. 1982, Ch. 327, Sec. 5. Effective June 30, 1982.)
  194. 7011.4.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The Contractors State License Board’s enforcement division must enforce the chapter against unlicensed activity and workers’ compensation coverage, and designated special investigators may issue written notices to appear in court.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7011.4. (a) Notwithstanding Section 7011, there is in the Contractors State License Board, a separate enforcement division that shall rigorously enforce this chapter prohibiting all forms of unlicensed activity and shall enforce the obligation to secure the payment of valid and current workers’ compensation insurance in accordance with Section 3700.5 of the Labor Code. (b) Persons employed as special investigators of the Contractors State License Board and designated by the Director of Consumer Affairs 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. An employee so designated is not a peace officer and does not have the power of arrest. (c) When participating in the activities of the Joint Enforcement Strike Force on the Underground Economy pursuant to Section 329 of the Unemployment Insurance Code, the enforcement division shall have free access to all places of labor. (Amended by Stats. 2021, Ch. 188, Sec. 6. (SB 826) Effective January 1, 2022.)
  195. 7011.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    Certain investigators in the Contractors State License Board’s Special Investigations Unit, when designated by the Director of Consumer Affairs, have peace officer authority while carrying out assigned investigative duties or related prosecutions.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7011.5. Persons employed as investigators of the Special Investigations Unit of the Contractors State License Board and designated by the Director of Consumer Affairs have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them in investigating the laws administered by the Contractors State License Board or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters in this section set forth. (Amended by Stats. 2020, Ch. 312, Sec. 50. (SB 1474) Effective January 1, 2021.)
  196. 7011.7.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The registrar must review and investigate complaints, and the board must aim to complete investigations quickly, generally within six months on average.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7011.7. (a) The registrar shall review and investigate complaints filed in a manner consistent with this chapter and the Budget Act. It is the intent of the Legislature that complaints be reviewed and investigated as promptly as resources allow. (b) The board shall set as a goal the improvement of its disciplinary system so that an average of no more than six months elapses from the receipt of a complaint to the completion of an investigation. (c) Notwithstanding subdivision (a), the goal for completing the review and investigation of complaints that, in the opinion of the board, involve complex fraud issues or complex contractual arrangements, should be no more than one year. (Amended by Stats. 2000, Ch. 1005, Sec. 6. Effective January 1, 2001.)
  197. 7011.8.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    People subject to contractor licensure must not knowingly make or cause a false complaint about professional misconduct to be filed with the Contractors State License Board.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7011.8. (a) Any person subject to licensure under this chapter who reports to, or causes a complaint to be filed with, the Contractors State License Board that a person licensed by that entity has engaged in professional misconduct, knowing the report or complaint to be false, may be issued a citation by the registrar. (b) The board may notify the appropriate district attorney or city attorney that a person subject to licensure under this chapter has made or filed what the entity believes to be a false report or complaint against a licensee. (Amended by Stats. 2020, Ch. 312, Sec. 51. (SB 1474) Effective January 1, 2021.)
  198. 7012.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The registrar may cooperate in enforcing construction-industry legislation if funds are available and the board and director approve, and must appoint whatever assistants are necessary, except as Section 159.5 provides.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7012. The registrar, with the approval of the board and the director, may, when funds are available, cooperate in the enforcement of governmental legislation relating to the construction industry, and, except as provided by Section 159.5, shall appoint such assistants as may be necessary therefor. (Amended by Stats. 1971, Ch. 716.)
  199. 7013.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

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    The board may, at its discretion, review the registrar’s actions or decisions and, by majority vote, sustain or reverse them.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7013. The board may in its discretion review and sustain or reverse by a majority vote any action or decision of the registrar. This section shall apply to any action, decision, order, or proceeding of the registrar conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1979, Ch. 410.)
  200. 7013.5.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. )

    Verify source ↗

    In certain contractor application, citation, or disciplinary proceedings, relevant witness testimony may be used through an authenticated transcript, and the registrar can require live testimony or refuse the transcript in some cases.

    ## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) ## ARTICLE 1. Administration [7000 - 7021] ( Article 1 added by Stats. 1939, Ch. 37. ) ## 7013.5. In all application, citation, or disciplinary proceedings pursuant to this chapter and conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the testimony of a witness given in any contested civil or criminal action or special proceeding, in any state or before any governmental body or agency, to which the licensee or person complained against is a party, or in whose behalf the action or proceeding is prosecuted or defended, may be received in evidence, so far as relevant and material to the issues in the proceedings, by means of a duly authenticated transcript of that testimony and without proof of the unavailability of the witness; provided that the registrar may order the production of and testimony by that witness, in lieu of or in addition to receiving a transcript of his or her testimony and may decline to receive in evidence the transcript of testimony, in whole or in part, when it appears that the testimony was given under circumstances that did not require or allow an opportunity for full cross-examination. (Added by Stats. 2003, Ch. 607, Sec. 30. Effective January 1, 2004.)

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