Business and Professions Code

Part 49 of 52 · provisions 9,601–9,800

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

Jurisdiction: United States — California
Instrument: Code
Citation: BPC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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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

7699.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Aiding or abetting an unlicensed person to practice funeral directing or embalming can trigger 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7699. Aiding or abetting an unlicensed person to practice funeral directing or embalming constitutes a ground for disciplinary action. (Added by Stats. 1939, Ch. 39.)
7700.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Using profane, indecent, or obscene language during burial-related work or a funeral service, or within the immediate hearing of certain family members, can be grounds for 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7700. Using profane, indecent, or obscene language in the course of the preparation for burial, removal, or other disposition of, or during the funeral service for, human remains, or within the immediate hearing of the family or relatives of a deceased, whose remains have not yet been interred or otherwise disposed of constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 75. Effective January 1, 1999.)
7701.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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A licensee must not solicit or accept a commission, bonus, or rebate for recommending or causing human remains to be disposed of in a crematory, mausoleum, or cemetery.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7701. Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 76. Effective January 1, 1999.)
7701.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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A licensee must not solicit or accept commissions, bonuses, or rebates for steering flower purchases to a particular florist or dealer for a funeral service.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7701.5. Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, constitutes a ground for disciplinary action. (Added by Stats. 1953, Ch. 1240.)
7702.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Using a casket or part of a casket that was previously used with human remains is grounds for disciplinary action, with limited exceptions.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7702. Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with the burial or other disposition of, human remains constitutes a ground for disciplinary action; provided, however, this section shall not apply to exterior casket hardware which is not sold to the purchaser, or where same is reserved by contract. (Amended by Stats. 1998, Ch. 970, Sec. 77. Effective January 1, 1999.)
7703.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Violating this chapter’s provisions or its adopted rules can 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7703. Violation of any of the provisions of this chapter or of the rules and regulations adopted pursuant to this chapter constitutes a ground for disciplinary action. (Amended by Stats. 1976, Ch. 961.)
7704.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Violating laws or regulations about handling, custody, care, or transportation of human remains can be grounds for 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7704. Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of human remains constitutes a ground for disciplinary action. (Amended by Stats. 1998, Ch. 970, Sec. 78. Effective January 1, 1999.)
7705.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Fraud or misrepresentation in getting a license is grounds for 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7705. Fraud or misrepresentation in obtaining a license constitutes a ground for disciplinary action. (Added by Stats. 1939, Ch. 39.)
7706.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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A licensee must promptly surrender human remains, personal effects, and required certificates or permits when the person lawfully entitled to custody orders 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7706. Refusing to surrender promptly the custody of human remains, the personal effects, and any certificate or permit required under Division 102 (commencing with Section 102100) of the Health and Safety Code that is in the possession or control of the licensee upon the express order of the person lawfully entitled to custody of the human remains constitutes a ground for disciplinary action. (Amended by Stats. 2003, Ch. 874, Sec. 25. Effective January 1, 2004.)
7707.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Gross negligence, gross incompetence, or unprofessional conduct in funeral directing or embalming can be grounds for 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7707. Gross negligence, gross incompetence or unprofessional conduct in the practice of funeral directing or embalming constitutes a ground for disciplinary action. (Amended by Stats. 1957, Ch. 652.)
7708.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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After a hearing, the bureau may deny certain funeral-related license applications if there is proof of acts or crimes that are grounds for denial under Section 480.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7708. The bureau, after a hearing, may deny the application of a funeral establishment, funeral director, embalmer, or apprentice embalmer on proof that the applicant has committed acts or crimes constituting grounds for denial of licensure under Section 480. The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction. (Amended by Stats. 2000, Ch. 568, Sec. 137. Effective January 1, 2001.)
7709.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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A guilty plea, a guilty verdict, or a conviction after a nolo contendere plea counts as a conviction under this article, and the bureau may suspend, revoke, or refuse a license in specified conviction-related situations.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7709. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The bureau may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending 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. 2000, Ch. 568, Sec. 138. Effective January 1, 2001.)
7711.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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The bureau may reinstate a funeral establishment, funeral director, or embalmer after suspension, cancellation, or revocation if the affected licensee applies in writing and notice and hearing requirements 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711. When a funeral establishment, funeral director or embalmer has had his, or her, or its license suspended, canceled, or revoked by the bureau, the bureau, upon written application by the licensee affected, upon not less than 10 days’ notice to all parties of record in the particular case, and after hearing all evidence offered in support of and in opposition to that application, may, in its discretion, and upon those terms as it may deem just, reinstate the applicant. (Amended by Stats. 2000, Ch. 568, Sec. 139. Effective January 1, 2001.)
7711.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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Unprofessional conduct by a licensee, registrant, or their agent or employee can be grounds for 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.1. Unprofessional conduct by any licensee or registrant or by any agent or employee of a licensee or registrant constitutes grounds for disciplinary action. Unprofessional conduct includes, but is not limited to, the following: (a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of this chapter and any regulation adopted thereunder, or of any federal or state law or regulation governing the disposition of human remains, operation of cemeteries or crematories, the sale of cemetery property, or the sale of crematory services or commodities. (b) Negligence in performing any act related to the operation of a cemetery or crematory. (Added by Stats. 2015, Ch. 395, Sec. 23. (AB 180) Effective January 1, 2016.)
7711.10.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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This section defines when a renewal cemetery broker’s license qualifies as a cemetery 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.10. A renewal cemetery broker’s license is a cemetery license issued to a person who had a cemetery broker’s license unrevoked and unsuspended on June 30 of the fiscal year previous to the fiscal year for which the renewal cemetery license is issued. (Added by Stats. 2015, Ch. 395, Sec. 32. (AB 180) Effective January 1, 2016.)
7711.11.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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This section defines what counts as an original cemetery salesperson’s 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.11. An original cemetery salesperson’s license is a cemetery license issued to a person who did not have a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued. (Added by Stats. 2015, Ch. 395, Sec. 33. (AB 180) Effective January 1, 2016.)
7711.12.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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A renewal cemetery salesperson’s license is a cemetery license for a person who previously held a cemetery salesperson’s or broker’s license and met the stated timing condition.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.12. A renewal cemetery salesperson’s license is a cemetery license issued to a person who had a cemetery salesperson’s or a broker’s license either individually or as an officer of a corporation, or as a member of a copartnership, on June 30 of the fiscal year previous to the fiscal year for which the salesperson’s license is issued. (Added by Stats. 2015, Ch. 395, Sec. 34. (AB 180) Effective January 1, 2016.)
7711.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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The bureau must investigate cemetery licensee conduct on a written verified complaint, and it may also investigate on its own motion. If a cemetery licensee has engaged in listed misconduct, the bureau may suspend or revoke the 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.2. The bureau may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity of a cemetery licensee, and may temporarily suspend or permanently revoke a license at any time where the licensee, within the immediately preceding three years, while a cemetery licensee in performing or attempting to perform any of the acts specified in this act, has been guilty of any of the following: (a) Making any substantial misrepresentation. (b) Making any false statement of a character likely to influence or persuade. (c) A continued and flagrant course of misrepresentation or making of false promises through cemetery agents or salespersons. (d) Acting for more than one party in a transaction without the knowledge or consent of all parties thereto. (e) Commingling the money or other property of his or her principal with his or her own. (f) The practice of claiming or demanding a fee, compensation, or commission under any exclusive agreement authorizing or employing a licensee to sell, buy, or exchange cemetery property for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination. (g) The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission, or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission, or profit under any agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure. (h) The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy, or exchange cemetery property for compensation or commission, except when such licensee prior to or coincident with election to exercise such option to purchase reveals in writing to the employer the full amount of the licensee’s profit and obtains the written consent of the employer approving the amount of such profit. (i) Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing. (j) The misrepresentations and false statements mentioned in this section also include misrepresentation and false statements as to other property than that which the cemetery licensee may be selling or attempting to sell. (Added by Stats. 2015, Ch. 395, Sec. 24. (AB 180) Effective January 1, 2016.)
7711.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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The bureau may suspend or revoke a cemetery licensee’s license if the licensee did certain listed acts within the previous three years.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.3. The bureau may suspend or revoke the license of any cemetery licensee who, within the immediately preceding three years, has done any of the following: (a) Been convicted of a crime substantially related to the qualifications, functions, and duties of such licensee. The record of conviction, or a certified copy thereof, shall be conclusive evidence of such conviction. (b) Knowingly authorized, directed, connived at, or aided in the publication, advertisement, distribution, or circulation of any material false statement or representation concerning his or her business or any cemetery property offered for sale. (c) Willfully disregarded or violated any of the provisions of this act relating to cemetery brokerage. (d) Acted or conducted himself or herself in a manner which would have warranted the denial of his or her application for a cemetery license, or for a renewal thereof. (Added by Stats. 2015, Ch. 395, Sec. 25. (AB 180) Effective January 1, 2016.)
7711.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
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If a salesperson is fired for a disciplinary violation, the employer must promptly file a verified written statement with the bureau. If the employer does not notify the bureau as required, the bureau may suspend or revoke the employer’s cemetery 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.4. When any salesperson is discharged by his or her employer for a violation of any of the provisions of this article prescribing a ground for disciplinary action, a verified written statement of the facts with reference thereto shall be filed forthwith with the bureau by the employer and, if the employer fails to notify the bureau as required by this section, the bureau may temporarily suspend or permanently revoke the cemetery license of the employer in accordance with the provisions of this act. (Added by Stats. 2015, Ch. 395, Sec. 26. (AB 180) Effective January 1, 2016.)
7711.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
Verify source ↗

The bureau may deny, suspend, or revoke a corporation’s or copartnership’s cemetery license only as to an officer, agent, or member acting under that 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.5. The bureau may deny, suspend, or revoke the cemetery license of a corporation as to any officer or agent acting under its cemetery license, and the cemetery license of a copartnership as to any member acting under its cemetery license, without revoking the cemetery license of the corporation or of the copartnership. (Added by Stats. 2015, Ch. 395, Sec. 27. (AB 180) Effective January 1, 2016.)
7711.6.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
Verify source ↗

Cemetery license fees must be paid in advance, and cemetery licenses run for the fiscal year and expire on June 30 at midnight.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.6. The fees for cemetery licenses at all periods of the fiscal year is the same as provided in this article. All cemetery license fees are payable in advance of issuing the licenses and at the time of filing the application. All licenses shall be issued for the fiscal year and shall expire on June 30 of each fiscal year at midnight. (Added by Stats. 2015, Ch. 395, Sec. 28. (AB 180) Effective January 1, 2016.)
7711.7.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
Verify source ↗

If a person does not renew a license within one year after it expires, they may not do any licensed activities unless they first file the original-license application, pay the original license fee, and comply with the original-license 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.7. (a) If a person fails to apply for a license renewal, no renewal license shall be issued except upon payment of the delinquent renewal fee required under Section 7729.2. (b) A person who fails to renew his or her license within one year of the expiration date shall not engage in any of the activities authorized by a license unless he or she first files the application required for an original license, pays the original license fee, and otherwise complies with all of the provisions of this act pertaining to the issuance of an original license. (Added by Stats. 2015, Ch. 395, Sec. 29. (AB 180) Effective January 1, 2016.)
7711.8.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
Verify source ↗

The definitions in this article apply only within 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.8. The definitions contained in this article are solely for the purposes of this article. (Added by Stats. 2015, Ch. 395, Sec. 30. (AB 180) Effective January 1, 2016.)
7711.9.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. )
Verify source ↗

This section defines when a cemetery broker’s license counts as an original 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6. Disciplinary Proceedings [7686 - 7711.12] ( Article 6 added by Stats. 1939, Ch. 39. ) ## 7711.9. An original cemetery broker’s license is a cemetery license issued to a person who did not have a cemetery broker’s license on June 30 of the fiscal year previous to the fiscal year for which the license is issued. (Added by Stats. 2015, Ch. 395, Sec. 31. (AB 180) Effective January 1, 2016.)
7712.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

A crematory may be operated by a corporation, partnership, or natural person if a valid crematory license has been issued by the bureau.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712. A crematory established, operated, or maintained, may be operated by a corporation, partnership, or natural person, provided that a valid crematory license shall have been issued by the bureau. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

Ownership changes in a crematory must be reported to the bureau, and certain ownership transfers count as a change of ownership. A new owner may apply to assign the crematory license, but if they do, the application must be filed at least 30 days before the change and the fee must be paid. After the sale closes, the new owner must file the final sales agreement within 10 days and proof of permit assignment within 60 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.1. (a) Any change in the ownership of a crematory shall be reported to the bureau. (b) Any transfer in a single transaction or a related series of transactions of more than 50 percent of the equitable interest in a licensed crematory shall constitute a change of ownership. (c) When a change of ownership in a crematory occurs, all of the following apply: (1) The new owner may submit an application to assign the crematory license. (2) If the new owner submits an application pursuant to paragraph (1), the new owner shall submit the application at least 30 days before the change of ownership occurs. (3) If the new owner submits an application pursuant to paragraph (1), the new owner shall pay the fee described in subdivision (b) of Section 7712.9. (4) If the new owner submits an application pursuant to paragraph (1), the bureau shall approve or disapprove the application. (5) If the new owner submits an application pursuant to paragraph (1), the bureau may approve the application prior to the date of the final sale. (d) (1) Within 10 days after a sale of a crematory is final, the new owner shall submit to the bureau a copy of the final sales agreement. (2) Within 60 days after a sale of a crematory is final, the new owner shall submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner. (3) A failure to comply with paragraph (1) or (2) shall constitute a ground for a disciplinary action. (e) The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid. (Amended by Stats. 2023, Ch. 206, Sec. 1. (AB 1560) Effective January 1, 2024.)
7712.10.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

Crematories that need a license must be run under a qualified manager, managers must pass a written exam, and no one may act as a crematory manager without first getting a bureau 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.10. (a) Each crematory for which a crematory license is required shall be operated under the supervision of a manager qualified in accordance with rules adopted by the bureau. Each manager shall be required to successfully pass a written examination evidencing an understanding of the applicable provisions of this code and of the Health and Safety Code. (b) A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a crematory manager without first obtaining a license from the bureau. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.11.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

Hydrolysis facilities must be supervised by a qualified manager, and a person may not act as a hydrolysis facility manager without a valid crematory manager license and bureau certification.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.11. (a) Each hydrolysis facility for which a hydrolysis facility license is required shall be operated under the supervision of a manager qualified in accordance with rules adopted by the bureau. A licensed crematory manager may be designated as a hydrolysis facility manager with appropriate certification upon demonstrating an understanding of the applicable provisions of this code and of the Health and Safety Code, as determined by the bureau. (b) A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a hydrolysis facility manager without a valid crematory manager license and obtaining a certification from the bureau. (c) This section shall become operative on July 1, 2020. (Added by Stats. 2017, Ch. 846, Sec. 25. (AB 967) Effective January 1, 2018. Section operative July 1, 2020, by its own provisions.)
7712.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

A crematory license application must be written on the bureau’s form, filed at the bureau’s principal office, include the required fee, and show the applicant’s crematory ownership, operation, or readiness to begin operating in California.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.2. Application for a crematory license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fee provided for in this article and shall show that the applicant owns or is actively operating a crematory in this state or that the applicant is in a position to commence operating such a crematory. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

Health and Safety Code Article 5 applies to crematories licensed 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.3. The provisions of Article 5 (commencing with Section 8341) of Chapter 2 of Part 3 of Division 8 of the Health and Safety Code shall apply to crematories licensed under this chapter. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

The bureau may require proof of an applicant’s compliance before issuing a crematory license, and it cannot issue the license until it is satisfied the public interest will be served.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.4. The bureau may require such proof as it deems advisable concerning the compliance by such applicant with all the laws, rules, regulations, ordinances, and orders applicable to the applicant and shall not issue such crematory license until it has satisfied itself that the public interest will be served by such applicant. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
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The bureau must adopt crematory license standards, may amend them, and may investigate license applications. Applicants must pay $750 when filing, and may have to pay more within five days after request, up to a $900 total.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.5. (a) The bureau shall adopt, and may from time to time amend, rules and regulations prescribing standards of knowledge and experience and financial responsibility for applicants for a crematory license. In reviewing an application for a crematory license, the bureau may consider acts of the applicant, including acts of incorporators, officers, directors, and stockholders of the applicant, which shall constitute grounds for the denial of a crematory license under Division 1.5 (commencing with Section 475). (b) Upon receipt of an application for a crematory license, the bureau may cause an investigation to be made of the physical status, plans, specifications, and financing of the proposed crematory, the character of the applicant, including, if applicable, its officers, directors, shareholders, or members, and any other qualifications required of the applicant under this article, and for this purpose may subpoena witnesses, administer oaths, and take testimony. (c) At the time of the filing of the application required by this article, the applicant shall pay to the Cemetery and Funeral Fund the sum of seven hundred fifty dollars ($750) to defray the expenses of investigation. In the event the sum shall be insufficient to defray all of the expenses, the applicant shall, within five days after request therefor, deposit an additional sum sufficient to defray such expenses, provided that the total sum shall not exceed nine hundred dollars ($900). (Amended by Stats. 2022, Ch. 625, Sec. 45. (SB 1443) Effective January 1, 2023.)
7712.6.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

A crematory licensee may not conduct cremations unless the required written contract and cemetery-arrangement conditions are satisfied.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.6. A crematory licensee under this article shall not conduct any cremations: (a) Unless the licensee has a written contract with the person or persons entitled to custody of the remains clearly stating the location, manner, and time of disposition to be made of the remains, agreeing to pay the regular fees of the licensee for cremation, disposition, and other services rendered, and any other contractual provisions as may be required by the bureau. (b) Of any remains more than 24 hours after delivery of the remains, unless the remains have been preserved in the interim by refrigeration or embalming. (c) Unless the licensee has a contractual relationship with a licensed cemetery authority for final disposition of cremated human remains by burial, entombment, or inurnment of any and all remains which are not lawfully disposed of or which are not called for or accepted by the person or persons entitled to the custody and control of the disposition thereof within 90 days of the date of death. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.7.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

If a crematory licensee blocks relatives or the responsible party from viewing the cremation process, the licensee must give written disclosure to the person entitled to custody of the remains before any contract is signed.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.7. Every crematory licensee, who prohibits relatives or the responsible party from viewing the cremation process, shall disclose this fact in writing to the person or persons entitled to custody of the remains prior to the signing of any contract. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.8.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

Each crematory licensee must keep bureau-required records and file an annual report in the bureau’s prescribed form.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.8. Each crematory licensee shall keep such records as may be required by the bureau to ensure compliance with all laws relating to the disposition of cremated human remains and shall file annually with the bureau, a report in the form prescribed by the bureau, describing the operations of the licensee, including the number of cremations made, the disposition thereof, and any other information as the bureau may, from time to time, require. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7712.9.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
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Crematory licensees must pay an annual $750 charge per crematory and a $11.50 charge for each cremation in the preceding quarter; proposed assignees must also pay a $750 license-assignment 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7712.9. (a) Every crematory licensee operating a crematory pursuant to a license issued in compliance with this article shall pay an annual regulatory charge for each crematory of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each crematory, every licensee operating a crematory pursuant to a license issued pursuant to this article shall pay an additional charge of eleven dollars and fifty cents ($11.50) per cremation made during the preceding quarter, which charges shall be deposited in the Cemetery and Funeral Fund. (b) The fee to assign a crematory license shall be seven hundred fifty dollars ($750), paid by the proposed assignee, and deposited in the Cemetery and Funeral Fund. (Amended by Stats. 2023, Ch. 206, Sec. 2. (AB 1560) Effective January 1, 2024.)
7713.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

Crematories must keep a licensed crematory manager in place, designate one manager, and report the designation and any later change to the bureau within 10 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7713. A crematory shall at all times employ a licensed crematory manager to manage, supervise, and direct its operations. (a) Every crematory shall designate a licensed crematory manager to manage the crematory, and shall report the designation to the bureau within 10 days of the effective date. Any change in the designated manager shall be reported to the bureau within 10 days. Notwithstanding any provision of this chapter to the contrary, licensed crematories within close geographical proximity of each other may request the bureau to allow a licensed crematory manager to manage, supervise, and direct the business or profession of more than one facility. (b) The designated crematory manager shall be responsible for exercising direct supervision and control over the operations, employees, and agents of the crematory as is necessary to ensure full compliance with the applicable provisions of this code, the Health and Safety Code, and any regulations adopted thereto. Failure of the designated crematory manager or the licensed crematory to exercise that supervision or control shall constitute a ground for disciplinary action. (c) A crematory may employ, in addition to the designated crematory manager, additional licensed crematory managers. However, only one licensed crematory manager may be appointed as the designated crematory manager of the crematory. (Amended by Stats. 2017, Ch. 573, Sec. 42. (SB 800) Effective January 1, 2018.)
7713.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

To apply for a crematory manager license, an applicant must submit a written application on the bureau’s form, file it at the bureau’s principal office, include the required fee, and meet age, education, character, training, residency, and exam 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7713.1. (a) Application for a crematory manager license shall be made in writing on the form provided by the bureau, verified by the applicant and filed at the principal office of the bureau. The application shall be accompanied by the fee fixed by this chapter. (b) The applicant for a crematory manager license shall be at least 18 years of age, possess a high school diploma or its equivalent, shall not have committed acts or crimes constituting grounds for denial of licensure under Section 480, shall demonstrate compliance with the training and experience requirements established by the bureau, and shall be a resident of this state. (c) The bureau shall grant a crematory manager license to any applicant who meets the requirements of this chapter and who has successfully passed the crematory manager examination administered by the bureau. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7713.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

A person may not act as a crematory manager without a valid, unexpired license from the bureau, and a licensed crematory manager may not do that work unless employed by, or serving as a sole proprietor, partner, or corporate officer of, a licensed crematory.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7713.2. (a) A person shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a crematory manager without holding a valid, unexpired crematory manager license issued by the bureau. (b) A licensed crematory manager shall not engage in or conduct, or hold himself or herself out as engaging in or conducting, the activities of a crematory manager without being employed by, or without being a sole proprietor, partner, or corporate officer of, a licensed crematory. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7713.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

A person, firm, or corporation may not cremate human remains or handle their disposition without a valid, unexpired crematory 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7713.3. It is a misdemeanor for any person, firm, or corporation to cremate human remains or to engage in the disposition thereof without a valid, unexpired crematory license. Each cremation shall be a separate violation. (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7713.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. )
Verify source ↗

A crematory licensee is subject to discipline by the bureau under Article 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.5. Crematories [7712 - 7713.4] ( Article 6.5 added by Stats. 2015, Ch. 395, Sec. 35. ) ## 7713.4. A crematory licensee shall be subject to and shall be disciplined by the bureau in accordance with Article 6 (commencing with Section 7686). (Added by Stats. 2015, Ch. 395, Sec. 35. (AB 180) Effective January 1, 2016.)
7714.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

A corporation, partnership, or natural person may operate, establish, or maintain a reduction facility only if it has a valid reduction facility license issued by the bureau.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714. A corporation, partnership, or natural person may operate, establish, or maintain a reduction facility with a valid reduction facility license issued by the bureau. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

An applicant for a reduction facility license must apply in writing, pay required fees, and provide required permits; the bureau may require proof of compliance and cannot issue the license until it is satisfied the applicant will serve the public interest, human health, and environmental quality.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.1. (a) The application for a reduction facility license shall be made in writing on the form prescribed by the bureau and filed at the principal office of the bureau. The application shall be accompanied by the fees required pursuant to Article 8 (commencing with Section 7725). (b) The bureau shall require an applicant for a reduction facility license to prove compliance with all applicable laws, rules, regulations, ordinances, and orders, and shall not issue a reduction facility license until the bureau is satisfied that the public interest, human health, and environmental quality will be served by the applicant. (c) The applicant for a reduction facility license shall present to the bureau any state or locally required permits for business operations, including, but not limited to, permits required by the local public health department or other state or locally required permits. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

Ownership changes in a reduction facility must be reported to the bureau, and the new owner must obtain a bureau 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.2. A change in the ownership of a reduction facility shall be reported to the bureau. A transfer in a single transaction or related transactions of more than 50 percent of the equitable interest in a reduction facility constitutes a change of ownership. When a change in ownership in a reduction facility occurs, the existing reduction facility license shall lapse and the new owner shall obtain a license from the bureau as required. The bureau shall not require an applicant under this section to obtain a new permit or license from any other governmental agency when the existing permit or license is valid. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

The bureau and the State Department of Public Health must set standards for reduction facility licenses and reduction chambers, and reduction chambers must be approved before use.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.3. (a) The bureau shall adopt, and may amend, rules and regulations prescribing standards for applicants for reduction facility licenses. In reviewing an application for a reduction facility license, the bureau may consider acts of the applicant, including acts of the incorporators, officers, directors, and stockholders of the applicant, that constitute grounds for the denial of a reduction facility license pursuant to Division 1.5 (commencing with Section 475). (b) (1) The State Department of Public Health shall adopt, and may amend, rules and regulations prescribing the standards for reduction chambers to preserve the public health and safety and to ensure the destruction of pathogenic microorganisms. A reduction chamber manufacturer shall apply to the State Department of Public Health for approval of a reduction chamber for sale and use in the state. (2) The department, to cover the reasonable regulatory costs of the department, shall charge an application fee for evaluation of a reduction chamber, not to exceed the reasonable regulatory costs of the evaluation, including time that the department spends on processing the application. (3) A reduction facility and its employees shall not use a reduction chamber unless it has been approved by the State Department of Public Health pursuant to this subdivision. (c) The bureau shall grant reduction facility licenses only to applicants that will employ a reduction chamber approved by the State Department of Public Health pursuant to subdivision (b). (d) A reduction facility shall ensure or conduct annual maintenance of all reduction chambers in use by the facility. (e) The bureau shall not renew a reduction facility license without proof of annual maintenance of all reduction chambers in use by the facility. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

A licensed reduction facility may not reduce human remains unless specified conditions are met, including qualified supervision, a written contract, required customer options, timely notice, and compliance with disposition timing 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.4. A licensed reduction facility shall not conduct reduction of human remains unless all of the following requirements are met: (a) The facility is operated under the supervision of a manager qualified in accordance with rules operated by the bureau. A licensed crematory manager may be designated as a reduction facility manager with appropriate certification upon demonstrating an understanding of the applicable provisions of this code and the Health and Safety Code, as determined by the bureau. (b) (1) The licensee has a written contract with the person or persons entitled to custody of the remains clearly stating the location, manner, and time of disposition of the remains, in which the person or persons entitled to custody of the remains agree to pay the licensee’s regular fee for reduction, disposition, and other services rendered, and any other contractual provisions required by the bureau. (2) The contract shall include an estimate of the volume of the reduced human remains that will be received and shall offer the following options: (A) The person entitled to custody of the remains may choose to receive all of the reduced human remains in one or more reduced human remains containers, the number of containers to be specified by the person. (B) The person entitled to custody of the remains may choose to receive part of the reduced human remains in one or more reduced human remains containers, the amount received to be specified by the person and the balance of the remains to be integrated into the soil by the reduction facility in a conservation area pursuant to Section 7054.5 of the Health and Safety Code. (C) The person entitled to custody of the remains may choose to receive none of the reduced human remains and to have the reduction facility integrate the remains into the soil in a conservation area pursuant to Section 7054.5 of the Health and Safety Code. (3) If the person entitled to custody of the remains chooses not to receive all of the reduced human remains pursuant to subparagraph (B) or (C) of paragraph (2), the reduction facility shall notify the person of the location of the conservation area into which the reduced human remains will be integrated. (c) Reduction of remains begins not more than 24 hours after delivery of the remains to the licensee, unless the remains have been preserved in the interim by refrigeration. (d) The licensee has either of the following: (1) (A) A contractual relationship with a licensed cemetery authority for final disposition of reduced human remains by burial, entombment, or inurnment of any and all remains that are not lawfully disposed of or that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death. (B) A licensed cemetery authority may begin the process of disposition of the reduced remains if they have not been removed from the cemetery by the authorized representative having the right to control disposition pursuant to Section 7100 of the Health and Safety Code within 60 days of the date of receipt and shall bear no liability for that disposal. (2) A contractual relationship with, or ownership of, a conservation area where the reduction facility may lawfully integrate the reduced human remains into the soil pursuant to Section 7054.5 of the Health and Safety Code. The facility may integrate into the soil any reduced human remains that are not called for or accepted by the person or persons entitled to the custody and control of the disposition of those remains within 90 days of date of death. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

A person, firm, or corporation may not reduce human remains or dispose of reduced human remains without a valid, unexpired reduction facility 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.5. It is a misdemeanor for a person, firm, or corporation to reduce human remains, or to dispose of reduced human remains, without a valid, unexpired reduction facility license. Each reduction of human remains carried out in violation of this section is a separate violation. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.6.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

A reduction facility is subject to discipline by the bureau under Article 6 starting at Section 7686.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.6. A reduction facility shall be subject to, and shall be disciplined by, the bureau in accordance with, Article 6 (commencing with Section 7686). (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7714.7.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. )
Verify source ↗

The article’s licensing requirements become operative on January 1, 2027.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 6.6. Reduction Facilities [7714 - 7714.7] ( Article 6.6 added by Stats. 2022, Ch. 399, Sec. 26. ) ## 7714.7. The licensing requirements of this article shall become operative on January 1, 2027. (Added by Stats. 2022, Ch. 399, Sec. 26. (AB 351) Effective January 1, 2023.)
7715.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

Violating any provision of this chapter is a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7715. Any person, partnership, association, corporation, or other form of organization, or any agent or representative thereof, who violates any of the provisions of this chapter is guilty of a misdemeanor. (Amended by Stats. 1998, Ch. 970, Sec. 83. Effective January 1, 1999.)
7716.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

Funeral establishments, funeral directors, embalmers, and their agents must not pay or offer money or other valuable consideration to secure business after a death or while a death is impending.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7716. Every funeral establishment, funeral director or embalmer, or the agents or representatives thereof, who, after a death or while a death is impending, pays, offers to pay or causes to be paid, directly or indirectly, any sum of money or other valuable consideration for the securing of business is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 1151, Sec. 35. Effective January 1, 1997.)
7717.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

It is a misdemeanor for any person to pay, offer, or cause payment of a commission, bonus, rebate, or other thing of value to certain funeral-related businesses or workers in exchange for recommending cremation, mausoleum, or cemetery disposal of human remains.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7717. Every person, who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing human remains to be disposed of in any crematory, mausoleum or cemetery, is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 1151, Sec. 36. Effective January 1, 1997.)
7717.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

A person may not pay or offer value to a funeral establishment, funeral director, or embalmer to get them to recommend a particular florist for funeral flowers; doing so is a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7717.5. Every person who pays or causes to be paid or offers to pay to any funeral establishment, funeral director or embalmer, or to the agent, assistant or employee of either, any commission or bonus or rebate or other thing of value in consideration of the funeral establishment, funeral director or embalmer recommending or causing the purchase of flowers from any particular florist or dealer in flowers, for use in connection with a funeral service, is guilty of a misdemeanor; provided, that this section shall not apply to a funeral establishment or funeral director who owns or operates a flower shop as a part of his, her or its funeral business, or to his, her or its agents or employees. (Amended by Stats. 1996, Ch. 1151, Sec. 37. Effective January 1, 1997.)
7718.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

A person may not take money or other value from a funeral business-related person after a death or while death is impending in order to help that business get 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7718. Every person who, after a death or while a death is impending, solicits or accepts any sum of money or other valuable consideration, directly or indirectly, from a funeral establishment, funeral director or embalmer, his, her, or its agent or representative, in order that the funeral establishment, funeral director or embalmer might obtain business, is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 1151, Sec. 38. Effective January 1, 1997.)
7718.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

A person acting individually, as a partner, or as a corporate or organizational officer or employee must not represent themselves as a funeral director without 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7718.5. Every person as an individual, as a partner in a partnership or as an officer or employee of a corporation, association or other organization, who, without a license, holds himself or herself out as a funeral director, is guilty of a misdemeanor. (Amended by Stats. 1998, Ch. 970, Sec. 84. Effective January 1, 1999.)
7719.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. )
Verify source ↗

A person convicted of a misdemeanor under this chapter can be punished by up to six months in county jail, a fine of up to $1,000, 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 7. Penal Provisions [7715 - 7719] ( Article 7 added by Stats. 1939, Ch. 39. ) ## 7719. Every person guilty of a misdemeanor under the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than six months, or by a fine not exceeding one thousand dollars ($1,000), or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 29. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
7725.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A license under this chapter expires yearly on the last day of the month it was originally issued. To renew an unexpired license, the licenseholder must apply on the bureau’s form and pay the renewal fee before expiration. The bureau must mail renewal-fee notices to licensed funeral establishments, funeral directors, and embalmers.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7725. A license issued under this chapter shall expire each year on the last day of the month in which the license was originally issued. To renew an unexpired license, the licenseholder shall on or before the date on which it would otherwise expire, apply for renewal on a form prescribed by the bureau, and pay the renewal fee prescribed by this chapter. The bureau shall mail to each licensed funeral establishment, funeral director, and embalmer, addressed to him or her at his or her address of record, a notice that a renewal fee is due and payable. (Amended by Stats. 2003, Ch. 874, Sec. 26. Effective January 1, 2004.)
7725.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

Expired licenses may be renewed within five years if the renewal application is filed on the bureau’s form and all renewal fees are paid; if renewal is delayed more than 30 days, a delinquency fee also applies.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7725.2. Except as otherwise provided in this chapter, a license that has expired may be renewed at any time within five years after its expiration on filing of an application for renewal on a form prescribed by the bureau and payment of all accrued and unpaid renewal fees. If the license is not renewed within 30 days after its expiration the licensee, 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 all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 7725 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. If a license is not renewed within one year following its expiration, the bureau may require as a condition of renewal that the holder of the license pass an examination on the appropriate subjects provided by this chapter. (Amended by Stats. 2015, Ch. 395, Sec. 36. (AB 180) Effective January 1, 2016.)
7725.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A suspended license must be renewed under this article, but renewal does not allow the holder to use the license while it is still suspended.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7725.3. A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the activity to which the license relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended. (Amended by Stats. 1967, Ch. 1338.)
7725.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A revoked license can expire under this article, but it cannot be renewed. If it is reinstated after expiration, the license 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7725.4. A revoked license 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 license, 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. (Amended by Stats. 1967, Ch. 1338.)
7725.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A license not renewed within five years after expiration cannot later be renewed, restored, reissued, or reinstated. The holder may instead apply for a new license if fees are paid and the original-license requirements are met, and the bureau may issue it without examination 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7725.5. A license that is not renewed within five years after its expiration may not be renewed, restored, reissued, or reinstated thereafter. The holder of the expired license may obtain a new license only if the holder pays all of the fees, and meets all of the requirements, other than requirements relating to education, set forth in this chapter for obtaining an original license, except that the bureau may issue a new license to the holder without examination if the holder establishes to the bureau’s satisfaction that, with due regard for the public interest, the holder is qualified to engage in the activity in which the holder again seeks to be licensed. The bureau may, by appropriate regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without examination under this section. The provisions of this section do not apply to certificates of apprenticeship. (Amended by Stats. 2009, Ch. 307, Sec. 93. (SB 821) Effective January 1, 2010.)
7727.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The department must pay all bureau fees into the State Treasury and report them to the State Controller by the 10th day of each month.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7727. (a) On or before the 10th day of each month, the department shall pay into the State Treasury and report to the State Controller all the fees received for the bureau. The fees shall be received by the State Treasurer and placed in the Cemetery and Funeral Fund, which fund is available for expenditures necessary for the proper administration of this chapter. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 37) and added by Stats. 2015, Ch. 395, Sec. 38. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
7729.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

This section sets fixed fees for funeral and embalmer licensing, renewals, duplicate licenses, name changes, reports, and related approvals.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729. The amount of the fees prescribed by this chapter shall be fixed according to the following schedule: (a) The application fee for a funeral director’s license shall be three hundred eighty dollars ($380). (b) The application fee for change of location of a funeral establishment’s license shall be four hundred seventy dollars ($470). (c) The application fee for permission to assign a funeral establishment’s license shall be five hundred sixty dollars ($560). (d) The license renewal fee payable by a licensed funeral director shall be three hundred eighty dollars ($380). The fee for a delinquent renewal of a funeral director’s license shall be 150 percent of the timely renewal fee. (e) The application fee for an embalmer’s license and the examination on the state’s laws required under paragraph (2) of subdivision (a) of Section 7646 for the license shall be two hundred eighty dollars ($280). (f) The renewal fee payable by a licensed embalmer shall be one hundred ninety dollars ($190). The fee for a delinquent renewal of an embalmer’s license shall be 150 percent of the timely renewal fee. (g) The application fee for a certificate of registration as an apprentice embalmer shall be one hundred twenty dollars ($120). (h) The fee for an application by a funeral establishment for approval to train apprentice embalmers and for renewal of that approval shall be one hundred ninety dollars ($190). (i) The application fee for a funeral director’s examination shall be one hundred ninety dollars ($190). (j) The fee for a timely filing of an individual report or a combined report on preneed trust funds shall be five hundred dollars ($500). The fee for a late filing of any report on preneed trust funds shall be 150 percent of the applicable timely fee. (k) The application fee for permission to change the name appearing on a funeral establishment’s license shall be three hundred dollars ($300), and for permission to change the name on any other license or certificate, shall be twenty-five dollars ($25). (l) The application fee for a duplicate funeral director’s license, a duplicate funeral establishment’s license, a duplicate embalmer’s license, or a duplicate certificate of registration as an apprentice embalmer, shall be fifty dollars ($50). (m) The fee for filing a report of a change of corporate officers, managers, or preneed trust fund trustees shall be fifty dollars ($50). (n) The application fee for a funeral establishment license shall be seven hundred fifty dollars ($750). (o) The license renewal fee for a licensed funeral establishment shall be seven hundred fifty dollars ($750). The fee for a delinquent renewal of a funeral establishment license shall be 150 percent of the timely renewal fee. (Amended by Stats. 2022, Ch. 625, Sec. 47. (SB 1443) Effective January 1, 2023.)
7729.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

Expired licenses or certificates of authority under this act may be renewed within five years if the accrued renewal and regulatory 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.1. The amount of fees prescribed for a license or certificate of authority under this act is that fixed by the following provisions of this article. Any license or certificate of authority provided under this act that has expired may be renewed within five years of its expiration upon payment of all accrued and unpaid renewal and regulatory fees. (Added by Stats. 2015, Ch. 395, Sec. 39. (AB 180) Effective January 1, 2016.)
7729.10.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A cemetery salesperson’s license renewal fee is $50 per year.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.10. The annual renewal fee for a cemetery salesperson’s license shall be fifty dollars ($50). (Amended by Stats. 2022, Ch. 625, Sec. 54. (SB 1443) Effective January 1, 2023.)
7729.11.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A certificate of authority must pay a $500 fee for a timely annual report filing, and a late filing fee equal to 150% of the applicable timely 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.11. The fee for a timely filing of an annual report on the endowment care fund and special care fund by a certificate of authority shall be five hundred dollars ($500). The fee for a late filing of an annual report on the endowment care fund and special care fund shall be 150 percent of the applicable timely fee. (Added by Stats. 2022, Ch. 625, Sec. 55. (SB 1443) Effective January 1, 2023.)
7729.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A delinquent renewal fee for a license, registration, or certificate of authority under this chapter is 150% of the timely fee, subject to a minimum of the renewal fee plus $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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.2. The delinquent renewal fee for a license, registration, or certificate of authority under this chapter shall be 150 percent of the timely fee, but not less than the renewal fee plus twenty-five dollars ($25). (Added by Stats. 2015, Ch. 395, Sec. 40. (AB 180) Effective January 1, 2016.)
7729.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The original cemetery broker’s license fee is $750.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.3. The original cemetery broker’s license fee shall be seven hundred fifty dollars ($750). (Amended by Stats. 2022, Ch. 625, Sec. 48. (SB 1443) Effective January 1, 2023.)
7729.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

An original cemetery broker license fee must be paid when the application is filed. If an applicant fails the written exam, they may apply to retake it and must pay a $190 reexamination fee. No part of either fee is refundable.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.4. (a) The original cemetery broker’s license fee is payable at the time of the filing of an application for an original cemetery broker’s license. (b) If the applicant fails the required written examination, they may be permitted to take another examination upon the filing of an application for reexamination and the payment of a reexamination fee. This reexamination fee shall be one hundred ninety dollars ($190). (c) No part of any original cemetery broker’s license fee or reexamination fee is refundable. It is deemed earned upon receipt by the bureau, whether the accompanying application for a license is complete or incomplete. (Amended by Stats. 2022, Ch. 625, Sec. 49. (SB 1443) Effective January 1, 2023.)
7729.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The annual renewal fee for a cemetery broker’s license is $560.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.5. The annual renewal fee for a cemetery broker’s license shall five hundred sixty dollars ($560). (Amended by Stats. 2022, Ch. 625, Sec. 50. (SB 1443) Effective January 1, 2023.)
7729.6.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A cemetery brokerage corporation’s license lets only one officer engage in cemetery broker business without an extra fee; each additional officer requires a $190 annual 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.6. If the licensee is a cemetery brokerage corporation, the license issued to it entitles one officer only, on behalf of the corporation, to engage in the business of a cemetery broker without the payment of a further fee, that officer to be designated in the application of the corporation for a license. For each other officer of a licensed cemetery brokerage corporation, through whom it engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the corporation, shall be one hundred ninety dollars ($190). (Amended by Stats. 2022, Ch. 625, Sec. 51. (SB 1443) Effective January 1, 2023.)
7729.7.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

If a cemetery brokerage licensee is a copartnership, only one partner may act as a cemetery broker for the partnership, and that partner must be named in the license application. Any other partner who also acts for the partnership must pay an additional $190 annual 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.7. If the licensee is a cemetery brokerage copartnership, the license issued to it entitles one member only of the copartnership to engage on behalf of the copartnership in the business of a cemetery broker, which member shall be designated in the application of the copartnership for a license. For each other member of the copartnership who on behalf of the copartnership engages in the business of a cemetery broker, the annual renewal fee, in addition to the fee paid by the copartnership, shall be one hundred ninety dollars ($190). (Amended by Stats. 2022, Ch. 625, Sec. 52. (SB 1443) Effective January 1, 2023.)
7729.8.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The cemetery salesperson’s license fee is $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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.8. The cemetery salesperson’s license fee shall be sixty dollars ($60). (Amended by Stats. 2022, Ch. 625, Sec. 53. (SB 1443) Effective January 1, 2023.)
7729.9.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A cemetery salesperson’s license fee must be paid each time an application for that license is filed.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7729.9. A cemetery salesperson’s license fee is payable on each filing of an application for a cemetery salesperson’s license. (Added by Stats. 2015, Ch. 395, Sec. 47. (AB 180) Effective January 1, 2016.)
7730.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A branch office broker’s license fee is $190.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730. For a branch office broker’s license, the fee shall be one hundred ninety dollars ($190). (Amended by Stats. 2022, Ch. 625, Sec. 56. (SB 1443) Effective January 1, 2023.)
7730.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The cremated remains disposer registration fee is $190.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.1. The cremated remains disposer registration fee shall be one hundred ninety dollars ($190). (Amended by Stats. 2022, Ch. 625, Sec. 57. (SB 1443) Effective January 1, 2023.)
7730.10.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

Cemetery authorities operating a cemetery must pay an annual $750 regulatory charge per cemetery, plus a $11.50 quarterly charge for each burial, entombment, or inurnment in the preceding quarter.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.10. Every cemetery authority operating a cemetery shall pay an annual regulatory charge for each cemetery of seven hundred fifty dollars ($750). In addition to an annual regulatory charge for each cemetery, an additional quarterly charge eleven dollars and fifty cents ($11.50) for each burial, entombment, or inurnment made during the preceding quarter shall be paid to the bureau and these charges shall be deposited in the Cemetery and Funeral Fund. If the cemetery authority performs a burial, entombment, or inurnment, and the cremation was performed at a crematory located on the grounds of the cemetery and under common ownership with the cemetery authority, the total of all additional charges shall be not more than eleven dollars and fifty cents ($11.50). (Amended by Stats. 2022, Ch. 625, Sec. 65. (SB 1443) Effective January 1, 2023.)
7730.11.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The bureau sets the license fee for a hydrolysis facility license, and licensees must also pay $11.50 per hydrolysis made in the preceding quarter.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.11. (a) The bureau shall establish the fee to obtain or renew a hydrolysis facility license, which shall not exceed the reasonable cost of license administration. (b) Every licensee operating a hydrolysis facility pursuant to a license issued pursuant to this article shall pay an additional charge eleven dollars and fifty cents ($11.50) per hydrolysis made during the preceding quarter, which charges shall be deposited into the Cemetery and Funeral Fund. (Amended by Stats. 2022, Ch. 625, Sec. 66. (SB 1443) Effective January 1, 2023.)
7730.12.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The bureau must set reduction facility license fees by January 1, 2027, and licensees operating a reduction facility must pay an additional per-reduction charge.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.12. (a) On or before January 1, 2027, the bureau shall establish the fee to obtain or renew a reduction facility license, which shall be set by the bureau pursuant to subdivision (c). (b) Every licensee operating a reduction facility shall pay an additional charge per reduction made during the preceding quarter, to be set by the bureau pursuant to subdivision (c). (c) The bureau shall set the fees in subdivisions (a) and (b) in amounts that cumulatively do not exceed the reasonable costs of administering the licensing program. The fee for individual reductions shall not exceed eight dollars and fifty cents ($8.50) per reduction. All fees assessed pursuant to this section shall be deposited in the Cemetery and Funeral Fund and shall be used exclusively to administer the licensing program for reduction facilities. (Added by Stats. 2022, Ch. 399, Sec. 27. (AB 351) Effective January 1, 2023.)
7730.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The renewal fee for a cremated remains disposer registration is $100.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.2. The renewal fee for a cremated remains disposer registration shall be one hundred dollars ($100). (Amended by Stats. 2022, Ch. 625, Sec. 58. (SB 1443) Effective January 1, 2023.)
7730.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A licensee must pay a $25 fee for a change of name or address on the bureau’s 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.3. For change of name or of address of licensee on the records of the bureau, the fee shall be twenty-five dollars ($25). (Amended by Stats. 2022, Ch. 625, Sec. 59. (SB 1443) Effective January 1, 2023.)
7730.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A $50 fee applies when transferring a salesperson’s license because of a change of employer.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.4. For transfer of a salesperson’s license on change of employer, the fee shall be fifty dollars ($50). (Amended by Stats. 2022, Ch. 625, Sec. 60. (SB 1443) Effective January 1, 2023.)
7730.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A duplicate license costs fifty dollars.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.5. For a duplicate license the fee shall be fifty dollars ($50). (Amended by Stats. 2022, Ch. 625, Sec. 61. (SB 1443) Effective January 1, 2023.)
7730.6.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A reinstatement of a license within the fiscal year costs $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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.6. (a) For reinstatement of a license within the fiscal year, the fee shall be fifty dollars ($50). (b) As used in this section, “reinstatement of a license” means the reissuance of a canceled cemetery broker’s license, or a cemetery salesperson’s license which was canceled during the year for which it was issued upon the salesperson’s withdrawal from the employ of a cemetery broker. (Amended by Stats. 2022, Ch. 625, Sec. 62. (SB 1443) Effective January 1, 2023.)
7730.7.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

This section sets the fees for crematory manager examinations, licenses, and license renewals.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.7. (a) The fee for a crematory manager examination and reexamination shall be six hundred eighty dollars ($680). (b) The license fee to obtain a crematory manager license shall be one hundred thirty dollars ($130). (c) The renewal fee for a crematory manager license shall be one hundred fifty dollars ($150). (Amended by Stats. 2022, Ch. 625, Sec. 63. (SB 1443) Effective January 1, 2023.)
7730.8.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

This section sets three cemetery manager fees: $800 for the examination, $130 to obtain a license, and $150 for license renewal.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.8. (a) The fee for a cemetery manager examination shall be eight hundred dollars ($800). (b) The license fee to obtain a cemetery manager license shall be one hundred thirty dollars ($130). (c) The renewal fee for a cemetery manager license shall be one hundred fifty dollars ($150). (Amended by Stats. 2022, Ch. 625, Sec. 64. (SB 1443) Effective January 1, 2023.)
7730.9.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The filing fee for a change of designated manager or a request to approve sharing a designated cemetery manager cannot be more than $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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7730.9. The fee for filing a report of a change of designated manager or a request for approval to share a designated cemetery manager shall not exceed fifty dollars ($50). (Added by Stats. 2015, Ch. 395, Sec. 58. (AB 180) Effective January 1, 2016.)
7731.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

After the charges are paid, the bureau must issue a renewal of the certificate of authority to the cemetery 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7731. Upon payment of the charges set forth, the bureau shall issue a renewal of the certificate of authority to the cemetery authority. (Added by Stats. 2015, Ch. 395, Sec. 61. (AB 180) Effective January 1, 2016.)
7731.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

Missing payment of the Section 7730.10 charges by February 1 can lead to suspension of the certificate of authority; the bureau may restore the certificate after payment of the prescribed charges.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7731.1. Failure to pay the charges set forth by Section 7730.10 prior to February 1 for each year shall be cause for suspension of the certificate of authority. The certificate may be restored upon payment to the bureau of the prescribed charges. (Added by Stats. 2015, Ch. 395, Sec. 62. (AB 180) Effective January 1, 2016.)
7731.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

A cemetery corporation may not make interments without a valid certificate of authority; doing so is a misdemeanor.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7731.2. It is a misdemeanor for any cemetery corporation to make any interments without a valid certificate of authority. Each interment shall be a separate violation. (Added by Stats. 2015, Ch. 395, Sec. 63. (AB 180) Effective January 1, 2016.)
7731.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

The bureau must account for and report all money it receives under this chapter to the Controller at least monthly, remit it to the Treasurer at the same time, and deposit it in the Cemetery and Funeral Fund when the Controller orders.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7731.3. (a) All moneys received by the bureau under the provisions of this chapter shall be accounted for and reported by detailed statements furnished by the bureau to the Controller at least once a month, and at the same time these moneys shall be remitted to the Treasurer, and, upon order of the Controller, shall be deposited in the Cemetery and Funeral Fund in the State Treasury, which fund is hereby created. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 64) and added by Stats. 2015, Ch. 395, Sec. 65. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
7731.4.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. )
Verify source ↗

Money credited to the Cemetery and Funeral Fund must be spent as allowed by law for actual and necessary expenses of carrying out this 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 8. Revenue [7725 - 7731.4] ( Article 8 added by Stats. 1939, Ch. 39. ) ## 7731.4. (a) All moneys paid into the State Treasury and credited to the Cemetery and Funeral Fund shall be expended in accordance with law for the payment of all actual and necessary expenses incurred in carrying out the provisions of this act. (b) This section shall become operative on July 1, 2016. (Repealed (in Sec. 66) and added by Stats. 2015, Ch. 395, Sec. 67. (AB 180) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
7735.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
Verify source ↗

California-licensed funeral establishments and their agents or employees generally may not enter into or solicit preneed funeral contracts unless the money or securities are held in trust until the contract is fulfilled.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7735. No funeral establishment licensed under the laws of the State of California, or the agents or employees of a funeral establishment, shall enter into or solicit any preneed arrangement, contract, or plan, hereinafter referred to as “contract,” requiring the payment to the licensee of money or the delivery to the licensee of securities to pay for the final disposition of human remains or for funeral services or for the furnishing of personal property or funeral merchandise, wherein the use or delivery of those services, property or merchandise is not immediately required, unless the contract requires that all money paid directly or indirectly and all securities delivered under that agreement or under any agreement collateral thereto, shall be held in trust for the purpose for which it was paid or delivered until the contract is fulfilled according to its terms; provided, however, that any payment made or securities deposited pursuant to this article shall be released upon the death of the person for whose benefit the trust was established as provided in Section 7737. The income from the trust may be used to pay for a reasonable annual fee for administering the trust, including a trustee fee to be determined by the bureau, and to establish a reserve of not to exceed 10 percent of the corpus of the trust as a revocation fee in the event of cancellation on the part of the beneficiary. The annual fee for trust administration may be recovered by withdrawals from accumulated trust income, provided that total withdrawals for this purpose shall not exceed the amount determined by the bureau. In no case shall the total amount withdrawn in a year for trust administration exceed the total amount of posted trust income for the immediate 12 preceding months. In addition to annual fees and reserves authorized by this section, a trustee may, at its election, pay taxes on the earnings on any trust pursuant to Section 17760.5 of the Revenue and Taxation Code. In no event, however, shall taxes paid on the earnings of any trust be considered part of the fees or reserves authorized by this section. All remaining income shall be accumulated in trust. None of the corpus of the trust shall be used for payment of any commission nor shall any of the corpus of the trust be used for other expenses of trust administration, or for the payment of taxes on the earnings of the trust. (Amended by Stats. 2000, Ch. 757, Sec. 1. Effective January 1, 2001.)
7735.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
Verify source ↗

A preneed funeral arrangement contract must clearly state when benefits are unavailable or limited for any reason.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7735.5. The preneed funeral arrangement contract shall clearly state if benefits are unavailable or limited for any reason. (Added by Stats. 2001, Ch. 715, Sec. 4. Effective January 1, 2002.)
7736.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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This section defines key terms used in the article: trustee, trustor, beneficiary, and corpus of the trust.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7736. For the purposes of this article the term “trustee” shall mean any banking institution or trust company legally authorized and empowered by the State of California to act as trustee in the handling of trust funds or not less than three persons one of whom may be an employee of the funeral establishment; the word “trustor” shall mean any person who pays the money or deposits the securities used for those preneed arrangements; the term “beneficiary” shall be the person for whom the funeral services are arranged; the words “corpus of the trust” shall include all moneys paid and securities delivered by the trustor pursuant to the provisions of the article. (Amended by Stats. 2000, Ch. 757, Sec. 2. Effective January 1, 2001.)
7737.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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Preneed funeral trust money and securities must be placed in trust promptly, and the trustee must distribute trust funds only under the section’s 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7737. (a) All securities purchased by the trustor for deposit in trust and all money received from the trustor for deposit in trust shall be placed in trust with a trustee within 30 days of their receipt by the funeral establishment pursuant to a trust agreement executed by the funeral establishment, the trustor, and the trustee. The trust agreement shall provide that the trustee shall hold the money or securities in trust for the purposes for which it was deposited. (b) The trust agreement shall provide that the trustee, upon the signature of a majority of the trustees, shall deliver the corpus of the trust and any income accrued in the trust, including interest, dividends, and capital gains, as follows: (1) To the funeral establishment upon the filing of a certified copy of the death certificate or other satisfactory evidence of the death of the beneficiary, together with satisfactory evidence that the funeral establishment has furnished the merchandise and services. In the case of a trust agreement between any of the trustees set forth in Section 7736 and a recipient of public assistance under subdivision (a) of Section 11158 of, or paragraph (1) of subdivision (e) of Section 12152 of, the Welfare and Institutions Code, and if the value limitations of those sections are not exceeded, the trust agreement may further provide that it is irrevocable. (2) To the trustor or legally appointed representative of the trustor at any time before the funeral establishment has furnished the merchandise and services provided for in the contract if the trustor or the legally appointed representative demands in writing the return of the corpus of the trust, together with any income accrued in the trust, less a revocation fee not to exceed the amount reserved pursuant to Section 7735, provided, however, that if and when the trustor becomes otherwise eligible, or in order to become eligible, for public social services, as provided in Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, the trustor may agree, at the trustor’s option, that the trust shall be irrevocable in order to avail themselves of the provisions of Section 11158 or 12152 of the Welfare and Institutions Code. (3) In accordance with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure), funds held in a preneed funeral trust or similar account or plan escheat to the state if the conditions in Section 1518.5 of the Code of Civil Procedure are satisfied. (4) A funeral establishment shall report and pay or deliver, or cause the trustee to release for payment or delivery, to the Controller all unclaimed preneed funeral trust funds, as determined pursuant to Section 1518.5 of the Code of Civil Procedure. The amount to be paid or delivered shall be the corpus of the trust, together with any income accrued, less a revocation fee not to exceed the amount reserved pursuant to Section 7735. (c) (1) A funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation may transfer its preneed funeral agreements to another funeral establishment only if that successor funeral establishment is licensed pursuant to this chapter and the transfer satisfies the requirements of paragraph (2). (2) A funeral establishment shall not transfer its preneed funeral agreements to another funeral establishment that is located 60 or more miles away without prior written approval of the beneficiaries or trustors, or legal representatives of the beneficiaries or trustors, and the trustee. (d) (1) All funds, including accrued income, maintained in a preneed funeral trust or similar account or plan held by a trustee for a funeral establishment that has been dissolved, sold, or closed, or had its license revoked shall be returned to the beneficiary, the trustor, or the legal representative of either the beneficiary or trustor according to either of the following: (A) If the funeral establishment does not transfer its preneed funeral agreements to a licensed successor funeral establishment pursuant to subdivision (c), all funds, without deduction of a revocation fee, shall be returned within 30 days of the beneficiary, trustor, or their legal representative providing written notice to the trustee, pursuant to subdivision (b) of Section 7737.1, to return those funds. (B) If the funeral establishment transfers its preneed funeral agreements to a licensed successor funeral establishment pursuant to subdivision (c), the funds shall be returned within 30 days of the beneficiary, trustor, or their legal representative canceling the agreement pursuant to subdivision (a) of Section 7737.1. (2) If, pursuant to subparagraph (A) of paragraph (1), the funeral establishment or trustee is unable to locate the beneficiary or trustor, or the legal representative of either the beneficiary or trustor, or if the beneficiary or trustor, or their legal representative, does not provide written direction to the trustee to return the funds to them within six months of receiving the notice in subdivision (b) of Section 7737.1, the funeral establishment shall report and pay or deliver or cause the trustee to release for payment or delivery all funds together with accrued income, and these funds shall escheat to the state in accordance with the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure), except that the revocation fee pursuant to Section 7735 shall not be retained by the funeral establishment. (3) If the preneed funeral agreement is canceled pursuant to subparagraph (B) of paragraph (1), the revocation fee pursuant to Section 7735 of the Business and Professions Code shall not be retained by the funeral establishment. (e) The escheatment of preneed funeral trust funds to the Controller shall release the funeral establishment from the obligation of furnishing the personal property, funeral merchandise, or services originally arranged in the preneed agreement associated with the trust. However, if the funeral establishment provided personal property, or funeral merchandise or services to the beneficiary after funds have been escheated, the funeral establishment shall be entitled to recover the escheated funds upon submission to the Controller of a death certificate and a statement detailing the personal property or funeral merchandise or services provided pursuant to Section 1560 of the Code of Civil Procedure. (f) Nothing in this section, the Unclaimed Property Law (Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure), or any other law or regulation shall require escheatment of any funds received by a funeral establishment, cemetery, or other person from property or funeral merchandise or services provided under Chapter 4 (commencing with Section 8600) of Part 3 of Division 8 of the Health and Safety Code. (g) A trustee or a funeral establishment shall not charge the trust, a trustor, or a beneficiary any fees or costs associated with a search or verification conducted pursuant to this section. However, a trustee or funeral establishment may incorporate fees or costs associated with a search or verification as part of the administration of the trust pursuant to Section 7735. (h) The delivery of the corpus of the trust and the income accrued to the trust to the funeral establishment, the trustor, the beneficiary, or the Controller pursuant to this article shall relieve the trustee of any further liability with regard to those funds. (i) This section shall become operative on January 1, 2023. (Repealed (in Sec. 1) and added by Stats. 2021, Ch. 514, Sec. 2. (AB 293) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
7737.1.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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A funeral establishment that is closing, dissolving, selling, or having its license revoked must give advance written notice and share related documents when preneed funeral agreements are transferred 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7737.1. (a) (1) For purposes of Section 7737, a funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation and that intends to transfer its preneed funeral agreements to a licensed successor funeral establishment, pursuant to subdivision (c) of Section 7737, shall provide written notice, as described in paragraph (2), at least 60 days prior to the cessation of operations to both of the following: (A) The beneficiaries or trustors, or legal representatives of the beneficiaries or trustors, of the preneed funeral agreements associated with the funeral establishment ceasing business operations. (B) The trustees holding the preneed funeral trusts associated with the preneed funeral agreements. (2) The notice provided pursuant to paragraph (1) shall meet all of the following requirements: (A) The notice shall be on a form created by the bureau pursuant to Section 7737.2. (B) The notice shall inform the recipients that their preneed funeral agreements will be transferred and fulfilled by the licensed successor funeral establishment. (C) The notice shall inform the beneficiaries or trustees, or their legal representatives, that they may cancel their agreement up to 60 days after receipt of the notice by contacting the trustee, the funeral establishment ceasing business operations, or the licensed successor funeral establishment. (3) The funeral establishment ceasing business operations shall provide the bureau with a copy of the notice provided pursuant to this paragraph and with a list of all preneed funeral agreements transferred to the licensed successor funeral establishment prior to the cessation of business operations. (4) (A) The funeral establishment ceasing business operations shall provide the licensed successor funeral establishment with a copy of the notice provided, and proof that the notice was provided, to the beneficiaries or trustees, or their legal representatives, prior to the cessation of business operations. (B) The licensed successor funeral establishment shall retain a copy of the notice provided, and proof that the notice was provided, to the beneficiaries or trustors, or their legal representatives, and provide a copy of both to the bureau upon the bureau’s request. (C) The proof required by this paragraph shall be in compliance with the regulations adopted by the bureau pursuant to Section 7737.2. (b) (1) For purposes of Section 7737, a funeral establishment that intends to cease engaging in business operations, as authorized under this chapter, by reason of dissolution, closure, sale, or revocation without a transfer of the preneed funeral agreements to a licensed, successor funeral establishment shall give written notice, as described in paragraph (2), at least 60 days prior to the cessation of operations to all of the following: (A) The bureau. (B) The beneficiaries or trustors of the preneed funeral agreements associated with the original funeral establishment. (C) The trustees holding the preneed funeral trusts associated with the preneed funeral agreements. (2) The notice provided pursuant to paragraph (1) shall meet all of the following requirements: (A) The notice shall be on a form created by the bureau pursuant to Section 7737.2. (B) The notice shall inform the recipients that their preneed funeral agreements will be canceled and the funds, including the accrued income, will be escheated to the state unless the beneficiary or trustor informs the trustee in writing within six months of receiving the notice that they wish those funds to be returned to them. (c) This section shall become operative on January 1, 2023. (Added by Stats. 2021, Ch. 514, Sec. 3. (AB 293) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.)
7737.2.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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The bureau must create and post required forms on its website, and must adopt and post regulations about proof of notice, by January 1, 2023.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7737.2. (a) The bureau shall create, and post on its internet website, the forms required by Section 7737.1 by January 1, 2023. (b) The bureau shall adopt and post on its internet website, by January 1, 2023, regulations regarding the type of proof of notice the funeral establishment ceasing operations and the licensed successor funeral establishment are required to provide or retain for purposes of paragraph (4) of subdivision (a) of Section 7737.1. (Added by Stats. 2021, Ch. 514, Sec. 4. (AB 293) Effective January 1, 2022.)
7737.3.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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Funeral establishments must have commingled preneed trust funds audited every year by an independent certified auditor and send the audit to the bureau within 120 days after the fiscal year ends.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7737.3. All commingled preneed trust funds held by a funeral establishment shall be subject to an annual, independent certified financial audit with a copy of the audit to be submitted to the bureau for review within 120 days of the close of the fund’s fiscal year. Any findings of noncompliance with existing law regarding preneed trust funds shall be identified by the auditor in a separate report for review and action by the bureau. Audits and reports of noncompliance shall be filed simultaneously. (Amended by Stats. 2000, Ch. 568, Sec. 144. Effective January 1, 2001.)
7737.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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A trustee may deposit trust corpus in any FDIC-insured financial institution.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7737.5. A trustee may deposit the corpus of the trust in any financial institution insured by the Federal Deposit Insurance Corporation. (Amended by Stats. 1998, Ch. 970, Sec. 91. Effective January 1, 1999.)
7737.7.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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A trustee may place trust corpus in any credit union insured by the National Credit Union Share Insurance 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7737.7. A trustee may deposit the corpus of the trust in any credit union which is insured by the National Credit Union Share Insurance Fund. (Added by Stats. 1987, Ch. 764, Sec. 1.)
7738.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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A licensed funeral establishment that is also a licensed cemetery authority must not place preneed funeral money or securities into a special endowment care fund, and a licensed funeral establishment must not allow special endowment care fund money or securities to go into a preneed funeral trust 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7738. A licensed funeral establishment that is also a licensed cemetery authority shall not deposit any money or securities received in connection with preneed funeral arrangements in a special endowment care fund as provided in Article 4 (commencing with Section 8775) of Chapter 5 of Part 3 of Division 8 of the Health and Safety Code, nor shall a licensed funeral establishment permit the deposit of any money or securities received in connection with a special endowment care fund into a preneed funeral trust fund. Nothing in this section shall require the liquidation or conversion of any lawful investment existing on December 31, 1981. (Amended by Stats. 1996, Ch. 1151, Sec. 44. Effective January 1, 1997.)
7739.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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A person who willfully violates this article can be punished by jail, a fine, or both; a funeral establishment licensee may also face 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7739. Any person willfully violating the provisions of this article or any of them shall be punishable either by imprisonment in a county jail for a period not exceeding six months, or by fine not exceeding five hundred dollars ($500), or by both imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, or two or three years. If the violator is a funeral establishment licensee, he or she shall also be subject to disciplinary action as provided in Article 6 (commencing with Section 7686). (Amended by Stats. 2011, Ch. 15, Sec. 19. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
7740.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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The bureau may enforce this article on its own initiative and may adopt rules and regulations it considers necessary to carry out its duties and safeguard the trust funds covered 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7740. The bureau is authorized to enforce of its own initiative the provisions of this article and may adopt such rules and regulations as in its opinion may be necessary to perform such duties and to safeguard the trust funds subject to this chapter. (Amended by Stats. 2000, Ch. 568, Sec. 145. Effective January 1, 2001.)
7740.5.
## 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 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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A funeral establishment must pay the bureau the fee set by this chapter when filing certain preneed trust fund reports.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7740.5. A funeral establishment shall pay to the bureau the fee fixed by this chapter for filing with the bureau any report on preneed trust funds required by rules and regulations of the bureau adopted pursuant to Section 7740. (Amended by Stats. 2000, Ch. 568, Sec. 146. Effective January 1, 2001.)
7741.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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This article does not apply to cemetery property, cemetery commodities, cemetery service, or merchandise delivered as soon as paid for.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7741. Nothing in this article shall apply to cemetery property; cemetery commodities; cemetery service; or merchandise that is delivered as soon as paid for. (Added by Stats. 1965, Ch. 1414.)
7742.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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This article does not apply to securities arrangements, contracts, or plans authorized under a permit from the Commissioner of Financial Protection and Innovation.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7742. Nothing in this article shall apply to any arrangement, contract, or plan for the issuance of securities now or hereafter authorized under a permit of the Commissioner of Financial Protection and Innovation of this state. (Amended by Stats. 2022, Ch. 452, Sec. 7. (SB 1498) Effective January 1, 2023.)
7745.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
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Funeral establishments must give the survivor or responsible party a copy of a preneed agreement, and may deliver it in person, by certified mail, or by fax if that person agrees.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7745. Every funeral establishment shall present to the survivor of the deceased who is handling the funeral arrangements or the responsible party a copy of any preneed agreement which has been signed and paid for in full, or in part by, or on behalf of the deceased and is in the possession of the funeral establishment. The copy may be presented in person, by certified mail, or by facsimile transmission, as agreed upon by the survivor of the deceased or the responsible party. A funeral establishment that knowingly fails to present a preneed agreement to the survivor of the deceased or the responsible party shall be liable for a civil fine equal to three times the cost of the preneed agreement, or one thousand dollars ($1,000), whichever is greater. (Amended by Stats. 1996, Ch. 1151, Sec. 47. Effective January 1, 1997.)
7746.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. )
Verify source ↗

Certain funeral establishments must file an annual declaration of nonreporting status with the bureau.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12. Cemetery and Funeral Act [7600 - 7746] ( Heading of Chapter 12 amended by Stats. 2015, Ch. 395, Sec. 3. ) ## ARTICLE 9. Preneed Funeral Arrangements [7735 - 7746] ( Article 9 added by Stats. 1965, Ch. 1414. ) ## 7746. (a) Notwithstanding any other provision of law, a funeral establishment that is otherwise exempt from the requirement of filing an annual preneed trust report or whose preneed trust funds are reported in a combined preneed annual preneed trust report, shall annually file a declaration of nonreporting status with the bureau. (b) The declaration shall be filed on or before May 1 of each year and shall also be filed upon the transfer of ownership or the cessation of business. (c) The declaration shall be filed on a form provided by the bureau and shall include, but shall not be limited to, both of the following: (1) The basis upon which the funeral establishment is exempt from the annual trust reporting requirement. (2) The specific kind and nature of the exempt preneed arrangements, if any, in which the funeral establishment engages. (d) The declaration shall be verified by the funeral establishment’s owner, a partner, or in the case of a corporation, by the president or vice president. (Added by Stats. 2002, Ch. 825, Sec. 4. Effective January 1, 2003.)
7800.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section says the chapter is the Geologists and Geophysicists chapter and may be cited as the Geologist and Geophysicist 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7800. This chapter of the Business and Professions Code constitutes the chapter on geologists and geophysicists. It may be cited as the Geologist and Geophysicist Act. (Amended by Stats. 1972, Ch. 1396.)
7801.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section defines “Board” for this chapter and says the board takes over the former geologists board’s duties, powers, responsibilities, jurisdiction, and two personnel years.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7801. (a) “Board,” as used in this chapter, means the Board for Professional Engineers, Land Surveyors, and Geologists established under Section 6710. Any reference in any law or regulation to the Board for Geologists and Geophysicists or the State Board of Registration for Geologists and Geophysicists shall be deemed to refer to the Board for Professional Engineers, Land Surveyors, and Geologists. (b) The board shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction previously vested in the Board for Geologists and Geophysicists. (c) The board shall receive two personnel years that were previously allocated to the Board for Geologists and Geophysicists for the performance of the board’s responsibilities under this chapter. (Amended by Stats. 2010, Ch. 696, Sec. 4. (AB 1431) Effective January 1, 2011.)
7802.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section defines “geology” for 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7802. “Geology,” as used in this chapter, refers to that science which treats of the earth in general; investigation of the earth’s crust and the rocks and other materials which compose it; and the applied science of utilizing knowledge of the earth and its constituent rocks, minerals, liquids, gases and other materials for the benefit of mankind. (Added by Stats. 1968, Ch. 942.)
7802.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section defines “geophysics” for 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7802.1. “Geophysics,” as used in this chapter, refers to that science which involves study of the physical earth by means of measuring its natural and induced fields of force, including, but not limited to, electric, gravity, and magnetic, and its responses to natural and induced energy and the interpreting of these measurements and the relating of them to the physics of the earth. (Amended by Stats. 1973, Ch. 873.)
7803.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section defines “geologist” for this chapter as a person engaged in the practice of geology.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7803. “Geologist,” as used in this chapter, refers to a person engaged in the practice of geology. (Added by Stats. 1968, Ch. 942.)
7803.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section defines “geophysicist” for this chapter as a person engaged in the practice of geophysics.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7803.1. “Geophysicist,” as used in this chapter, refers to a person engaged in the practice of geophysics. (Added by Stats. 1972, Ch. 1396.)
7804.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

Only registered geologists may use the title “professional geologist,” and only registered, certified geologists may use the title “registered certified specialty geologist.”

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7804. Only a person registered as a geologist under the provisions of this chapter shall be entitled to take and use the title “professional geologist.” Only a person registered as a geologist and certified under the provisions of this chapter shall be entitled to take and use the title of a registered certified specialty geologist. (Amended by Stats. 2004, Ch. 865, Sec. 18. Effective January 1, 2005.)
7804.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

Only registered geophysicists may use the title “professional geophysicist,” and only registered and certified geophysicists may use the title “registered certified specialty geophysicist.”

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7804.1. Only a person registered as a geophysicist under the provisions of this chapter shall be entitled to take and use the title “professional geophysicist.” Only a person registered as a geophysicist and certified under the provisions of this chapter shall be entitled to take and use the title of a registered certified specialty geophysicist. (Amended by Stats. 2005, Ch. 657, Sec. 8. Effective January 1, 2006.)
7805.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

“Responsible charge of work” means independent control and direction, or supervision, of geological or geophysical work using initiative, skill, and independent judgment.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7805. The term “responsible charge of work” means the independent control and direction by the use of initiative, skill and independent judgment of geological or geophysical work or the supervision of such work. (Amended by Stats. 1972, Ch. 1396.)
7806.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
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This section defines a “subordinate” as someone who assists a professional geologist or professional geophysicist in geology or geophysics work without taking responsible charge.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7806. A subordinate is any person who assists a professional geologist or professional geophysicist in the practice of geology or geophysics without assuming the responsible charge of work. (Amended by Stats. 2005, Ch. 657, Sec. 9. Effective January 1, 2006.)
7807.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

A qualified geologist is someone who meets the Section 7841 qualifications for registration but is not 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7807. A qualified geologist is a person who possesses all the qualifications specified in Section 7841 for registration except that he is not registered. (Added by Stats. 1968, Ch. 942.)
7807.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. )
Verify source ↗

A qualified geophysicist is someone who meets the Section 7841.1 registration qualifications but is not 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 1. General Provisions [7800 - 7807.1] ( Article 1 added by Stats. 1968, Ch. 942. ) ## 7807.1. A qualified geophysicist is a person who possesses all the qualifications specified in Section 7841.1 for registration except that he is not registered. (Added by Stats. 1972, Ch. 1396.)
7810.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board must treat public protection as its top priority when carrying out licensing, regulatory, and disciplinary functions.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7810.1. Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions pursuant to this chapter. 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. 2009, 4th Ex. Sess., Ch. 18, Sec. 42. (AB 20 4x) Effective October 23, 2009.)
7818.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may adopt, amend, or repeal rules and regulations to carry out 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7818. The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, or repeal rules and regulations to carry out this chapter. (Amended by Stats. 2016, Ch. 86, Sec. 14. (SB 1171) Effective January 1, 2017.)
7819.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

Board records must be open to public inspection during regular office hours, unless another law 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7819. Except as otherwise provided by law, all records of the board shall be open to inspection by the public during regular office hours. (Added by Stats. 1968, Ch. 942.)
7820.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board must have and use a seal with its specified name.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7820. The board shall have and use a seal bearing the name “Board for Professional Engineers, Land Surveyors, and Geologists.” (Amended by Stats. 2011, Ch. 432, Sec. 22. (SB 944) Effective January 1, 2012.)
7821.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board must keep a register of all licensees, or have it kept for it, and the register must include specified licensee 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7821. The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of all licensees that contains the licensee’s name, address of record, type of branch license, license number, the date the license was issued, and the date the license will expire. (Amended by Stats. 2011, Ch. 432, Sec. 23. (SB 944) Effective January 1, 2012.)
7822.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may create certification specialties by regulation and may issue certificates for one or more specialties; it must provide a certificate to those qualified in engineering geology.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7822. The board may, by regulation, provide for the division of the certification of registration into different specialties, including, but not limited to, petroleum, mining, and ground water, and may issue certificates in one or more of the specialties in which the applicant demonstrated proficiency. The board shall provide such a certificate for those qualified in engineering geology. (Added by Stats. 1968, Ch. 942.)
7825.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board must establish relations with geology and geophysics regulators and registration bodies to support high professional standards and mutual recognition of registration; it may also do so with similar bodies in other countries.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2. Administration [7810.1 - 7825] ( Article 2 added by Stats. 1968, Ch. 942. ) ## 7825. The board shall establish relations with bodies which regulate the practice of geology and geophysics, or closely related geologic and geophysical disciplines, or which register geologists and geophysicists in the other states, and may establish relations with such bodies in other countries, for the purposes of working toward (1) uniformly high professional standards and (2) mutual recognition of registration. (Amended by Stats. 1972, Ch. 1396.)
7826.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. )
Verify source ↗

The board may create one or more technical advisory 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. ) ## 7826. The board may establish one or more technical advisory committees to advise and assist the board with respect to the following: (a) Application review and verification for any level of registration, licensure, authority, or title. (b) Evaluation and investigation of potential violations of this chapter. (c) Amendment, repeal, adoption, or revision of board rules, regulations, policies, and procedures. (Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
7826.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. )
Verify source ↗

The board appoints each technical advisory committee member, and each committee may have no more than five 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. ) ## 7826.1. Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members. (Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
7826.2.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. )
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Each technical advisory committee member must be an expert in geology or geophysics within the committee’s jurisdiction and must be licensed 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. ) ## 7826.2. Each member of each technical advisory committee shall be an expert in the area of geology or geophysics within the committee’s jurisdiction and shall be licensed under this chapter. (Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
7826.3.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. )
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Members of each technical advisory committee must serve without compensation, but they may receive per diem and expenses under Section 103.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. ) ## 7826.3. All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103. (Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
7826.4.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. )
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Each technical advisory committee member must be granted the same immunity as a public employee.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 2.1. Technical Advisory Committees [7826 - 7826.4] ( Article 2.1 added by Stats. 2011, Ch. 432, Sec. 25. ) ## 7826.4. Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code. (Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)
7830.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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People who are not licensed geologists under this chapter may not stamp or seal certain documents with a professional geologist seal, and may not use the protected geologist 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7830. It is unlawful for anyone other than a geologist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a professional geologist or licensed certified specialty geologist, or to use in any manner the title “professional geologist” or the title of any licensed certified specialty geologist, or any combination of the words and phrases or abbreviations thereof, unless licensed, or licensed and certified, under this chapter. (Amended by Stats. 2019, Ch. 630, Sec. 7. (AB 1522) Effective January 1, 2020.)
7830.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Only licensed geophysicists may stamp or seal documents or use protected geophysicist titles; others are prohibited unless licensed, or licensed and certified, 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7830.1. It is unlawful for any person other than a geophysicist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a licensed geophysicist, professional geophysicist, or licensed certified specialty geophysicist, or to use in any manner the title “registered geophysicist,” “professional geophysicist,” or the title of any registered certified specialty geophysicist, or any combination of the words and phrases or abbreviations thereof, unless the person is licensed, or licensed and certified, under this chapter. (Amended by Stats. 2019, Ch. 630, Sec. 8. (AB 1522) Effective January 1, 2020.)
7831.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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A person may 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7831. 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. (Added by Stats. 1968, Ch. 942.)
7832.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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People who practice or offer to practice geology or geophysics for others in this state are covered by this chapter unless they are specifically exempted.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7832. Any person, except as in this chapter specifically exempted, who shall practice or offer to practice geology or geophysics for others in this state is subject to the provisions of this chapter. (Amended by Stats. 1972, Ch. 1396.)
7833.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Geologists and geophysicists may practice through a sole proprietorship, partnership, or corporation. If the business mainly provides geological services, at least one partner or officer must be a professional geologist; if it mainly provides geophysical services, at least one partner or officer must be a professional geophysicist.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7833. This chapter does not prohibit one or more geologists or geophysicists from practicing through the entity of a sole proprietorship, partnership, or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a professional geologist. In a partnership or corporation whose primary activity consists of geophysical services, at least one partner or officer shall be a professional geophysicist. (Amended by Stats. 2005, Ch. 657, Sec. 13. Effective January 1, 2006.)
7834.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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This section allows certain non-geology businesses to employ a geologist or geophysicist for incidental professional 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7834. This chapter does not prevent or prohibit an individual, firm, company, association or corporation whose principal business is other than the practice of geology or geophysics from employing a geologist or geophysicist to perform professional services in geology or geophysics incidental to the conduct of their business. (Amended by Stats. 1972, Ch. 1396.)
7835.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Geologic plans, specifications, reports, and documents must be prepared by a professional geologist or licensed certified specialty geologist, or by a subordinate employee under their direction, and must be signed and sealed by the qualified geologist.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7835. All geologic plans, specifications, reports, or documents shall be prepared by a professional geologist or licensed certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geologist or licensed certified specialty geologist and stamped with his or her seal, both of which shall indicate his or her responsibility for them. (Amended by Stats. 2016, Ch. 236, Sec. 10. (SB 1165) Effective January 1, 2017.)
7835.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Geophysical plans, specifications, reports, and documents must be prepared by specified licensed geophysicists or geologists, or by subordinate employees under their direction, and must also be signed and sealed by certain licensed professionals.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7835.1. All geophysical plans, specifications, reports, or documents shall be prepared by a professional geophysicist, licensed certified specialty geophysicist, professional geologist, licensed certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geophysicist, licensed certified specialty geophysicist, professional geologist, or licensed certified specialty geologist, and stamped with his or her seal, both of which shall indicate his or her responsibility for them. (Amended by Stats. 2016, Ch. 236, Sec. 11. (SB 1165) Effective January 1, 2017.)
7836.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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U.S. officers and employees are exempt from registration when they practice solely in that official 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7836. 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. (Added by Stats. 1968, Ch. 942.)
7837.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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A subordinate who works only in that role for a registered geologist or geophysicist is 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7837. A subordinate to a geologist or geophysicist registered under this chapter, insofar as he or she acts solely in that capacity, is exempt from registration under the provisions of this chapter. This exemption, however, does not permit any subordinate to practice geology or geophysics for others in his or her own right or to use the title “professional geologist” or “professional geophysicist.” (Amended by Stats. 2005, Ch. 657, Sec. 15. Effective January 1, 2006.)
7838.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Certain civil engineers and petroleum engineers are exempt from registration under this chapter when practicing the relevant 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7838. A civil engineer empowered to practice civil engineering in this state, and a petroleum engineer registered in this state, under provisions of Chapter 7 (commencing with Section 6700) of Division 3 of this code insofar as they practice civil engineering in its various branches or petroleum engineering, respectively, are exempt from registration under the provisions of this chapter. (Added by Stats. 1968, Ch. 942.)
7839.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Geologists and geophysicists registered under this chapter may not practice or offer to practice civil engineering or its recognized branches.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7839. This chapter shall not empower a geologist or geophysicist registered under this chapter to practice or offer to practice civil engineering and any of its various recognized branches. (Amended by Stats. 1972, Ch. 1396.)
7839.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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This section limits the chapter’s scope: it does not authorize a registered geologist to practice or offer geophysics for others in California, except for geophysical work related to the geology practice, and it does not authorize a registered geophysicist to practice or offer geology for others, except for geological work related to geophysics practice.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7839.1. This chapter shall not empower a geologist registered under this chapter to practice or offer to practice geophysics for others in this state except as such geophysical work is related to his practice of geology. This chapter shall not empower a geophysicist registered under this chapter to practice or offer to practice geology for others in this state except as such geological work is related to his practice of geophysics. (Added by Stats. 1972, Ch. 1396.)
7839.2.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. )
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Professional geologists and professional geophysicists must use a written contract for covered client services, and the contract must be signed before work begins unless the client authorizes earlier start in writing.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 3. Scope of Regulation [7830 - 7839.2] ( Article 3 added by Stats. 1968, Ch. 942. ) ## 7839.2. (a) A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the client’s representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following: (1) A description of the services to be provided to the client by the professional geologist or professional geophysicist. (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 geologist or professional geophysicist, and the name and address of the client. (4) A description of the procedure that the professional geologist or professional geophysicist 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 geologist or professional geophysicist in responsible charge of the services. (b) Subdivision (a) shall not apply to any of the following: (1) Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation. (2) A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client. (3) If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required. (4) Geological or geophysical services rendered by a geologist or geophysicist to any of the following: (A) A geologist or geophysicist licensed under this chapter. (B) An engineer licensed under Chapter 7 (commencing with Section 6700). (C) A land surveyor licensed under Chapter 15 (commencing with Section 8700). (D) An architect licensed under Chapter 3 (commencing with Section 5500). (E) A contractor licensed under Chapter 9 (commencing with Section 7000). (F) A public agency. (c) As used in this section, “written contract” includes a contract in electronic form. (Amended by Stats. 2024, Ch. 588, Sec. 13. (AB 3253) Effective January 1, 2025.)
7840.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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Applications for geology and geophysics licensure or certification must be submitted to the board on the form it prescribes, and the application fee required by the chapter must be included.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7840. An application for licensure as a geologist, certification in a specialty in geology, certification as a geologist-in-training, licensure as a geophysicist, or certification in a specialty in geophysics shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter. (Amended by Stats. 2018, Ch. 154, Sec. 1. (SB 1098) Effective January 1, 2019.)
7841.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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A geologist license applicant must meet listed qualifications, including education, experience, and a written exam.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7841. An applicant for licensure as a geologist shall have all the following qualifications: (a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) Meet either of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board: (1) Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology. (2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geology. At least 24 semester hours, or the equivalent, shall be in upper division or graduate courses. (c) Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting. Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training. Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses. Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above. The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it. (d) Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicant’s knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state. (Amended by Stats. 2016, Ch. 236, Sec. 12. (SB 1165) Effective January 1, 2017.)
7841.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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A geophysicist applicant must meet the listed qualification requirements, including education, experience, and a written exam.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7841.1. An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists. (a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board. (1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics. (2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses. (c) Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years’ experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations. Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training. Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of the third or fourth year or graduate courses. Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above. The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it. (d) Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist. (Amended by Stats. 2016, Ch. 629, Sec. 2. (SB 1085) Effective January 1, 2017.)
7841.2.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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Applicants for geologist-in-training certification must meet listed eligibility requirements, and the board must require an eligibility statement when the application is submitted.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7841.2. (a) An applicant for certification as a geologist-in-training shall comply with all of the following: (1) Not have committed acts or crimes constituting grounds for denial of certification under Section 480. (2) Successfully pass the Fundamentals of Geology examination. (3) Meet either of the following education requirements fulfilled at a school or university whose curricula meet criteria established by the rules of the board: (A) Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology. (B) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geology. At least 24 semester hours, or the equivalent, shall be in upper division or graduate courses. (b) (1) The board shall require an applicant for certification as a geologist-in-training to sign or acknowledge a statement of eligibility at the time of submission of the application attesting to the completion of the education requirements established by this section and the rules of the board. (2) Except as required by paragraph (1), the board is not required to verify an applicant’s eligibility for certification as a geologist-in-training. (Amended by Stats. 2022, Ch. 511, Sec. 45. (SB 1495) Effective January 1, 2023.)
7842.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An applicant for certification in a geology specialty must meet section 7841, be a licensed geologist, satisfy the seven-year work requirement, and pass a written specialty exam.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7842. (a) An applicant for certification in a specialty in geology shall meet all of the requirements of Section 7841, shall be a geologist licensed under this chapter, and, in addition, his or her seven years of professional geological work shall include one of the following: (1) A minimum of three years performed under the supervision of a geologist certified in the specialty for which the applicant is seeking certification or under the supervision of a licensed civil engineer if the applicant is seeking certification as an engineering geologist, except that prior to July 1, 1970, professional geological work shall qualify under this subdivision if it is performed under the supervision of a geologist qualified in the specialty for which the applicant is seeking certification or under the supervision of a licensed civil engineer if the applicant is seeking certification as an engineering geologist. (2) A minimum of five years’ experience in responsible charge of professional geological work in the specialty for which the applicant is seeking certification. (b) In addition to meeting the requirements of subdivision (a), an applicant for certification in a specialty of geology shall successfully pass a written examination in that specialty. (Amended by Stats. 2016, Ch. 236, Sec. 14. (SB 1165) Effective January 1, 2017.)
7842.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An applicant for specialty geophysics certification must satisfy Section 7841.1 and have seven years of professional geophysical work that includes one qualifying experience path.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7842.1. An applicant for certification in a specialty in geophysics shall meet all of the requirements of Section 7841.1 and in addition, his seven years of professional geophysical work shall include one of the following: (a) A minimum of three years performed under the supervision of a geophysicist, certified in the specialty for which he is seeking certification. (b) A minimum of five years’ experience in responsible charge of professional geophysical work in the specialty for which the applicant is seeking certification. (Amended by Stats. 1973, Ch. 873.)
7843.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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A geologist-in-training certificate must not be used to practice geology or to use the protected title, and only the certificate holder may use the title “geologist-in-training.”

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7843. (a) An applicant for certification as a geologist-in-training shall, upon meeting all the requirements prescribed in Section 7841.2, be issued a certificate as a geologist-in-training. A renewal or other fee, other than the application fee, shall not be charged for this certification. The certificate shall become invalid when the holder has qualified as a professional geologist as provided in Section 7841. (b) A geologist-in-training certificate does not authorize the holder thereof to practice or offer to practice geology, in his or her own right, or to use the title specified in Section 7804. (c) It is unlawful for anyone other than the holder of a valid geologist-in-training certificate issued under this chapter to use the title of “geologist-in-training” or any abbreviation of that title. (Amended by Stats. 2016, Ch. 236, Sec. 15. (SB 1165) Effective January 1, 2017.)
7844.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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The board controls when and where licensure examinations are held in the state and may set examination rules, work with outside organizations, and authorize fee collection arrangements.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7844. (a) Examination for licensure shall be held at the times and places within the state as the board shall determine. The scope of examinations and the methods of procedure may be prescribed by rule of the board. (b) 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. (c) The board may authorize an organization specified by the board to receive directly from applicants payment of the examination fees charged by that organization as payment for examination materials and services. (Amended by Stats. 2016, Ch. 634, Sec. 7. (SB 1479) Effective January 1, 2017.)
7845.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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Registration exams for geologists must test geology knowledge and the ability to apply it and take responsible charge in professional practice.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7845. Examinations for registration as a geologist or registered certified specialty geologist shall test the applicant’s knowledge of geology and of any established specialty for which he or she applies and his or her ability to apply that knowledge and to assume responsible charge in the professional practice of geology or a certified specialty geology, or both geology and a certified specialty geology. (Amended by Stats. 2004, Ch. 865, Sec. 26. Effective January 1, 2005.)
7845.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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Registration examinations for geophysicists must test knowledge of geophysics and the ability to apply it and take responsible charge.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7845.1. Examinations for registration as a geophysicist or registered certified specialty geophysicist shall test the applicant’s knowledge basic to geophysics and his ability to apply that knowledge and to assume responsible charge in the professional practice of geophysics or a certified specialty geophysics, or both geophysics and a certified specialty geophysics. (Added by Stats. 1972, Ch. 1396.)
7846.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An applicant who fails an examination may be examined again if they file a new application and pay the examination fee set 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7846. 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. 12. (SB 826) Effective January 1, 2022.)
7847.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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The board may issue a registration certificate for a geologist or geophysicist if the person applies on the prescribed form, pays the required fee, holds an equivalent certificate from any state or country, and otherwise meets the chapter’s requirements and board 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7847. The board, upon application therefor, on its prescribed form, and upon the payment of the fee fixed by this chapter, which shall be retained by the board, may issue a certificate of registration as a geologist or as a geophysicist to a person holding an equivalent certificate of registration as a geologist or as a geophysicist, issued to him or her by any state or country when the applicant’s qualifications meet the other requirements of this chapter and the rules established by the board. (Amended by Stats. 2018, Ch. 154, Sec. 2. (SB 1098) Effective January 1, 2019.)
7850.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An applicant for licensure as a professional geologist who meets the listed requirements is entitled to receive a certificate of registration as a professional geologist.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7850. Any applicant for licensure as a professional geologist who meets all the requirements prescribed in Section 7841 and who has otherwise qualified hereunder as a geologist shall have a certificate of registration issued to him or her as a professional geologist. (Amended by Stats. 2018, Ch. 154, Sec. 3. (SB 1098) Effective January 1, 2019.)
7850.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An applicant for licensure as a professional geophysicist who meets the stated requirements must be issued a certificate of registration as a professional geophysicist.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7850.1. Any applicant for licensure as a professional geophysicist who meets all the requirements prescribed in Section 7841.1 and who has otherwise qualified hereunder as a geophysicist shall have a certificate of registration issued to him or her as a professional geophysicist. (Amended by Stats. 2018, Ch. 154, Sec. 4. (SB 1098) Effective January 1, 2019.)
7850.5.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An eligible applicant for certified specialty geologist status must be issued a certificate, and the certificate must be signed by the president and executive officer under the board’s seal.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7850.5. An applicant for certification as a certified specialty geologist who meets all the requirements prescribed in Section 7842 and who has otherwise qualified under this chapter in the specialty shall have a certificate issued to him or her as a certified specialty geologist. A certificate of certified specialty geologist shall be signed by the president and executive officer and issued under the seal of the board. (Amended by Stats. 2018, Ch. 154, Sec. 5. (SB 1098) Effective January 1, 2019.)
7850.6.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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An eligible applicant must be issued a certificate as a certified specialty geophysicist, and the certificate must be signed by the president and executive officer under the board’s seal.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7850.6. An applicant who has passed the examination for a certified specialty geophysicist and has otherwise qualified under this chapter in the specialty shall have a certificate issued to him or her as a certified specialty geophysicist. A certificate of certified specialty geophysicist shall be signed by the president and executive officer and issued under the seal of the board. (Amended by Stats. 2018, Ch. 154, Sec. 6. (SB 1098) Effective January 1, 2019.)
7851.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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The board must issue a retired license to qualified geologists or geophysicists, and retired license holders may not do work that requires an active 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7851. (a) The board shall issue, upon application and payment of the fee established by Section 7887, a retired license to a geologist or geophysicist who has been licensed by the board for a minimum of five years within California and a minimum of 20 years within the United States or its territories, 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 geologist’s or geophysicist’s license is required. A geologist or geophysicist holding a retired license may use the titles “retired professional geologist” or “professional geologist, retired,” or “retired professional geophysicist” or “professional geophysicist, retired.” (c) The holder of a retired license shall not be required to renew that registration. (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 examination required for initial licensure with the board. (Added by Stats. 2013, Ch. 319, Sec. 12. (SB 822) Effective January 1, 2014.)
7852.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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Licensed geologists and certified specialty geologists must obtain a board-authorized seal when they receive their license or certification.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7852. (a) Each geologist licensed under this chapter shall, upon licensure, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend “professional geologist.” (b) Each specialty geologist certified under this chapter shall, upon certification, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend of the appropriate specialty in geology in which he or she is certified under this chapter. (Amended by Stats. 2016, Ch. 236, Sec. 19. (SB 1165) Effective January 1, 2017.)
7852.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
Verify source ↗

Licensed geophysicists and certified specialty geophysicists must obtain an approved seal when they are licensed or certified.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7852.1. (a) Each geophysicist licensed under this chapter shall, upon licensure, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend “professional geophysicist.” (b) Each specialty geophysicist certified under this chapter shall, upon certification, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend of the appropriate specialty in geophysics in which he or she is certified under this chapter. (Amended by Stats. 2016, Ch. 236, Sec. 20. (SB 1165) Effective January 1, 2017.)
7853.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may issue a duplicate registration certificate for one that is lost, destroyed, or mutilated, and the chapter’s duplicate certificate fee must be charged.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7853. 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. 1968, Ch. 942.)
7854.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7854. 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. 1968, Ch. 942.)
7855.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
Verify source ↗

If an applicant is denied registration or authorization, the applicant must be notified in writing and told the reason. The applicant may then request a hearing in writing within 30 days after receiving 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7855. Any applicant who is denied registration or authorization shall, in writing, be so notified and informed of the reason therefor. Within 30 days after receipt of notice, such applicant may make written request to the board for a hearing which, if granted, shall be conducted as specified in Section 7861. (Added by Stats. 1968, Ch. 942.)
7856.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. )
Verify source ↗

Applicants and license or certificate holders with a valid email address must give the board their email address and update it within 30 days of any change. The email address is not public and generally cannot be disclosed, except by court order.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 4. Registration [7840 - 7856] ( Article 4 added by Stats. 1968, Ch. 942. ) ## 7856. (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. 6. (SB 1120) Effective January 1, 2023.)
7860.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may investigate geologists or geophysicists and may publicly reprove, suspend, or revoke a certificate under specified grounds.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7860. (a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any professional geologist or geophysicist, and make findings thereon. (b) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the certificate of any geologist or geophysicist registered hereunder, on any of the following grounds: (1) Conviction of a crime substantially related to the qualifications, functions, or duties of a geologist or geophysicist. (2) Misrepresentation, fraud, or deceit by a geologist or geophysicist in his or her practice. (3) Negligence or incompetence by a geologist or geophysicist in his or her practice. (4) Violation of any contract undertaken in the capacity of a geologist or geophysicist. (5) Fraud or deceit in obtaining a certificate to practice as a geologist or geophysicist. (c) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or may revoke the certificate of any geologist or geophysicist registered under this chapter, for unprofessional conduct. Unprofessional conduct includes, but is not limited to, any of the following: (1) Aiding or abetting any person in a violation of this chapter or any regulation adopted by the board pursuant to this chapter. (2) Violating this chapter or any regulation adopted by the board pursuant to this chapter. (3) Conduct in the course of practice as a geologist or geophysicist that violates professional standards adopted by the board. (Amended by Stats. 2014, Ch. 400, Sec. 13. (SB 1467) Effective January 1, 2015.)
7860.1.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may investigate geologist-in-training conduct on its own or after a complaint, and may revoke a geologist-in-training certificate by majority vote for listed misconduct.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7860.1. The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any geologist-in-training and make findings. By a majority vote, the board may revoke the certificate of any geologist-in-training who does any of the following: (a) Has been convicted of a crime as defined in subdivision (a) of Section 480. (b) Committed an act that would be grounds for denial of a license pursuant to Section 480 or 496. (c) Committed an act of fraud, deceit, or misrepresentation in obtaining their geologist-in-training certificate or license as a professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist. (d) 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) Violates Section 119 with respect to a geologist-in-training certificate. (f) Commits any act described in Section 7872. (g) Violates any provision of this chapter. (Added by Stats. 2019, Ch. 630, Sec. 9. (AB 1522) Effective January 1, 2020.)
7860.2.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

A licensee or certificate holder’s failure or refusal to respond to a written board request during a complaint investigation can 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7860.2. 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 7860 or 7860.1. (Amended by Stats. 2019, Ch. 630, Sec. 10. (AB 1522) Effective January 1, 2020.)
7861.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

Disciplinary proceedings under this article must follow Government Code Chapter 5 starting at Section 11500, and the board has the powers granted there.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7861. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 1968, Ch. 942.)
7862.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may reissue a revoked certificate if a majority of its members vote for the reissue 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7862. 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. 1968, Ch. 942.)
7863.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

A guilty plea, nolo contendere plea, or related conviction can count as a conviction under this article, and the board may suspend, revoke, or refuse to issue a certificate or authorization in that situation.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7863. 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 geologist or geophysicist is deemed to be a conviction within the meaning of this article. The board may order the certificate or authorization suspended or revoked, or may decline to issue a certificate or authorization, 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.)
7864.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. )
Verify source ↗

A disciplined geologist, geophysicist, or geologist-in-training may ask the board to reinstate or change a penalty, but only after specified waiting periods and subject to filing and hearing 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 5. Disciplinary Proceedings [7860 - 7864] ( Article 5 added by Stats. 1968, Ch. 942. ) ## 7864. (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, 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 a minimum of 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) A petition shall not 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. A petition shall not 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 shall apply for purposes of this section: (1) “Certificate” includes a certificate of registration or license as a professional geologist or professional geophysicist or certification as a geologist-in-training. (2) “Petitioner” means a professional geologist or professional geophysicist or a geologist-in-training whose certificate has been revoked, suspended, or surrendered or placed on probation. (Added by Stats. 2014, Ch. 400, Sec. 14. (SB 1467) Effective January 1, 2015.)
7870.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. )
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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. ) ## 7870. The board shall have the power, duty and authority to investigate violations of the provisions of this chapter. (Added by Stats. 1968, Ch. 942.)
7871.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. )
Verify source ↗

Certain enforcement officers must prosecute violations of this chapter, and the board’s executive officer must assist them 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. ) ## 7871. It shall be the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute all persons charged with the violation of any of the provisions of this chapter. It shall be 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. 76. Effective March 21, 1984.)
7872.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. )
Verify source ↗

This section makes it a misdemeanor for a person to practice or hold out as a geologist or geophysicist without the required authorization, or to engage in several related misrepresentation and misuse 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. ) ## 7872. 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 geology or geophysics for others in this state according to the provisions of this chapter without legal authorization. (b) Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license. (c) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license. (d) Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number. (e) Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate. (f) Uses an expired, suspended, surrendered, or revoked certificate or license. (g) Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter. (h) Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834. (i) Uses the title, or any combination of that title, of “professional geologist,” “registered geophysicist,” or “professional geophysicist,” the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or “geologist-in-training,” or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter. (j) Violates any provision of this chapter. (Amended by Stats. 2024, Ch. 588, Sec. 14. (AB 3253) Effective January 1, 2025.)
7873.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. )
Verify source ↗

The board may ask a superior court to stop a person from committing, or about to commit, an offense against 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. ) ## 7873. Whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against this chapter, the superior court of the county in which the offense has occurred or is about to occur, on application of the board, may issue an injunction or other appropriate order restraining such act or practice. The proceedings authorized by this section shall be in accordance with the provisions contained in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 1982, Ch. 517, Sec. 28.)
7874.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. )
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A licensee retained as an expert witness may enter a nondisclosure agreement, but the agreement cannot be used to stop the licensee from reporting a potential violation to 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 6. Offenses Against the Chapter [7870 - 7874] ( Article 6 added by Stats. 1968, Ch. 942. ) ## 7874. (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 Geologist and Geophysicist 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. 2. (SB 339) Effective January 1, 2020.)
7880.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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A registration certificate expires on a set date unless renewed, and the holder must apply for renewal and pay the required fee by 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7880. A certificate of registration as a geologist or as a specialty geologist or as a geophysicist or as a specialty geophysicist shall expire at 12 a.m. of the last day of the birth month of the certificate holder during the second year of a two-year term if not renewed. To renew an unexpired certificate, the certificate holder shall, on or before the date of expiration of the certificate, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter. For purposes of implementing the distribution of the renewal of registrations throughout the year, the board may establish a system of staggered certificate expiration dates and a pro rata formula for the payment of renewal fees by certificate holders affected by the implementation of the program. (Amended by Stats. 1992, Ch. 1289, Sec. 43. Effective January 1, 1993.)
7881.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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A geologist or geophysicist certificate may be renewed within five years after expiration, if the holder files the required application and pays all unpaid renewal 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7881. Except as otherwise provided in this article, certificates of registration as a geologist or as a geophysicist, or certified specialty certificates, may be renewed at any time within five years after expiration on filing an 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 30 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 all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the certificate shall continue in effect through the date provided in Section 7880 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed. (Amended by Stats. 2001, Ch. 306, Sec. 10. Effective January 1, 2002.)
7881.5.
## 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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At renewal, the board must give the certificate holder an assessment, and the board 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7881.5. (a) At the time of renewal specified in Section 7880 or 7881, 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 7860, but shall not affect the renewal of the certificate. (b) The crime in subdivision (h) of Section 7872 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 geologists and geophysicists. 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 geologists and geophysicists and any changes or additions to existing law related to such administrative and procedural aspects. (Added by Stats. 2016, Ch. 629, Sec. 3. (SB 1085) Effective January 1, 2017.)
7882.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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A suspended certificate can expire and must be renewed under this article, but renewal does not let the holder use the certificate’s related activity rights while it is suspended and until 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7882. 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. 1968, Ch. 942.)
7883.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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A revoked certificate cannot be renewed. If it is later reinstated after expiration, the certificate holder must pay a reinstatement fee and related unpaid renewal and delinquency 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7883. 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 date before the date on which it is reinstated, plus all accrued and unpaid renewal fees and the delinquency fee, if any, accrued at the time of its revocation. (Amended by Stats. 2003, Ch. 325, Sec. 7. Effective January 1, 2004.)
7884.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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Certificates not renewed within five years after expiration cannot be renewed, restored, reinstated, or reissued; the holder may get a new certificate if they meet 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7884. Certificates of licensure as a geologist or as a geophysicist or certified specialty certificates which are not renewed within five years after expiration shall not be renewed, restored, reinstated, or reissued thereafter. The holder of that certificate may apply for and obtain a new certificate, however, if: (a) He or she has not committed any acts or crimes constituting grounds for denial of licensure under Section 480. (b) He or she takes and passes the examination, if any, which would be required of him or her if he or she were then applying for the certificate for the first time. 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. 21. (SB 1165) Effective January 1, 2017.)
7886.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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The department must receive, account for, report, and transfer money collected under this chapter, 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 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7886. (a) The department shall receive and account for all money derived under 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. 22) and added by Stats. 2015, Ch. 428, Sec. 23. (AB 177) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)
7887.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. )
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The board sets the chapter’s fees, including application, renewal, delinquency, examination, and other document fees, subject to the limits stated here.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 12.5. Geologists and Geophysicists [7800 - 7887] ( Heading of Chapter 12.5 amended by Stats. 1972, Ch. 1396. ) ## ARTICLE 7. Revenue [7880 - 7887] ( Article 7 added by Stats. 1968, Ch. 942. ) ## 7887. The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (a) The fee for filing an application for licensure as a geologist or a geophysicist or certification as a specialty geologist or a specialty geophysicist shall be fixed at not more than two hundred fifty dollars ($250). The fee for filing an application for certification as a geologist-in-training shall be fixed at not more than one hundred dollars ($100). (b) The renewal fee for a geologist or for a geophysicist shall be fixed at not more than four hundred dollars ($400). (c) The renewal fee for a specialty geologist or for a specialty geophysicist shall be fixed at not more than four hundred dollars ($400). (d) Notwithstanding Section 163.5, the delinquency fee for a certificate is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date. (e) Each applicant for licensure as a geologist shall pay an examination fee fixed at an amount equal to the actual cost to the board to administer the examination described in subdivision (d) of Section 7841, unless an applicant pays the examination fee directly to an organization pursuant to Section 7844. (f) Each applicant for licensure as a geophysicist or certification as an engineering geologist or certification as a hydrogeologist shall pay an examination fee fixed by the board at an amount equal to the actual cost to the board for the development and maintenance of the written examination. (g) The fee for a retired license shall be fixed at not more than 50 percent of the fee for filing an application for licensure as a geologist or a geophysicist in effect on the date of application for a retired license. (h) All other document fees shall be established by the board by regulation and shall be set in an amount not to exceed a reasonable regulatory cost. (Amended by Stats. 2018, Ch. 154, Sec. 7. (SB 1098) Effective January 1, 2019.)
8.
## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )
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The code’s general provisions govern how the code is construed, unless the context requires otherwise.

## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 8. Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1937, Ch. 399.)
800.
## 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 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. )
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Several California healing-arts boards must keep central files on licensees and related complaint/disciplinary information, and must purge certain complaint records after five years unless a listed exception applies.

## 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 11. Professional Reporting [800 - 809.9] ( Article 11 repealed and added by Stats. 1975, 2nd Ex. Sess., Ch. 1. ) ## 800. (a) The Medical Board of California, the Podiatric Medical Board of California, the Board of Psychology, the Dental Board of California, the Dental Hygiene Board of California, the Osteopathic Medical Board of California, the State Board of Chiropractic Examiners, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, the California State Board of Optometry, the Veterinary Medical Board, the Board of Behavioral Sciences, the Physical Therapy Board of California, the California State Board of Pharmacy, the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, the California Board of Occupational Therapy, the Acupuncture Board, and the Physician Assistant Board shall each separately create and maintain a central file of the names of all persons who hold a license, certificate, or similar authority from that board. Each central file shall be created and maintained to provide an individual historical record for each licensee with respect to the following information: (1) Any conviction of a crime in this or any other state that constitutes unprofessional conduct pursuant to the reporting requirements of Section 803. (2) Any judgment or settlement requiring the licensee or the licensee’s insurer to pay any amount of damages in excess of three thousand dollars ($3,000) for any claim that injury or death was proximately caused by the licensee’s negligence, error, or omission in practice, or by rendering unauthorized professional services, pursuant to the reporting requirements of Section 801 or 802. (3) Any public complaints for which provision is made pursuant to subdivision (b). (4) Disciplinary information reported pursuant to Section 805, including any additional exculpatory or explanatory statements submitted by the licentiate pursuant to subdivision (f) of Section 805. If a court finds, in a final judgment, that the peer review resulting in the 805 report was conducted in bad faith and the licensee who is the subject of the report notifies the board of that finding, the board shall include that finding in the central file. For purposes of this paragraph, “peer review” has the same meaning as defined in Section 805. (5) Information reported pursuant to Section 805.01, including any explanatory or exculpatory information submitted by the licensee pursuant to subdivision (b) of that section. (b) (1) Each board shall prescribe and promulgate forms on which members of the public and other licensees or certificate holders may file written complaints to the board alleging any act of misconduct in, or connected with, the performance of professional services by the licensee. (2) If a board, or division thereof, a committee, or a panel has failed to act upon a complaint or report within five years, or has found that the complaint or report is without merit, the central file shall be purged of information relating to the complaint or report. (3) Notwithstanding this subdivision, the Board of Psychology, the Board of Behavioral Sciences, and the Respiratory Care Board of California shall maintain complaints or reports as long as each board deems necessary. (c) (1) The contents of any central file that are not public records under any other provision of law shall be confidential except that the licensee involved, or the licensee’s counsel or representative, may inspect and have copies made of the licensee’s complete file except for the provision that may disclose the identity of an information source. For the purposes of this section, a board may protect an information source by providing a copy of the material with only those deletions necessary to protect the identity of the source or by providing a summary of the substance of the material. Whichever method is used, the board shall ensure that full disclosure is made to the subject of any personal information that could reasonably in any way reflect or convey anything detrimental, disparaging, or threatening to a licensee’s reputation, rights, benefits, privileges, or qualifications, or be used by a board to make a determination that would affect a licensee’s rights, benefits, privileges, or qualifications. The information required to be disclosed pursuant to Section 803.1 shall not be considered among the contents of a central file for the purposes of this subdivision. (2) The licensee may, but is not required to, submit any additional exculpatory or explanatory statement or other information that the board shall include in the central file. (3) Each board may permit any law enforcement or regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes to inspect and have copies made of that licensee’s file, unless the disclosure is otherwise prohibited by law. (4) These disclosures shall effect no change in the confidential status of these records. (Amended by Stats. 2021, Ch. 630, Sec. 14. (AB 1534) Effective January 1, 2022.)
8000.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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This section creates the Court Reporters Board of California, sets its five-member makeup, and says the section expires 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 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8000. (a) There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (c) Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2024, Ch. 587, Sec. 1. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
8001.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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Board members serve four-year terms, may stay in office briefly after expiry until successors qualify, cannot serve more than two consecutive terms except as allowed, and vacancies are filled by appointment.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8001. (a) Appointment as a member of the board shall be for a term of four years. Members of the board shall hold office until the appointment and qualification of their successors or until one year shall have elapsed since the expiration of the term for which they were appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms except as provided in Section 131. Vacancies occurring shall be filled by appointment for the unexpired term. (b) The Governor shall appoint one of the public members and the two certified members qualified as provided in Section 8000. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member. (c) Members of the board may be removed from office by their appointing authority. (Amended by Stats. 2019, Ch. 463, Sec. 2. (AB 1520) Effective January 1, 2020.)
8002.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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Board members are entitled to a per diem and expenses, as provided in Section 103.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8002. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Repealed and added by Stats. 1959, Ch. 1645.)
8003.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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The board must elect a chair and vice chair at each yearly meeting, keep complete records, and use three members as a quorum for 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 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8003. At each yearly meeting, a chair and vice chair shall be elected from the membership of the board. Three members shall constitute a quorum for the transaction of business. The board shall keep a complete record of all its proceedings and all certificates issued, renewed, or revoked, together with a detailed statement of receipts and disbursements. (Amended by Stats. 2019, Ch. 463, Sec. 3. (AB 1520) Effective January 1, 2020.)
8004.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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Board expenses necessary to carry out this chapter are paid from fees collected under the chapter, and those expenses cannot exceed the amount collected.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8004. The expenses of the members of the board and the expenses of the board that are necessary to carry out the provisions of this chapter shall be paid from the fees collected under this chapter and such expenses shall not exceed the amount so collected. (Added by Stats. 1953, Ch. 191.)
8005.
## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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The Court Reporters Board of California has the executive functions for this chapter and may appoint committees, appoint and set the duties and salary of an executive officer, and hire other employees if needed, subject to civil service and other 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 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8005. (a) The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law. (b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 587, Sec. 2. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
8005.1.
## 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 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. )
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The Court Reporters Board of California must make public protection its highest priority when it exercises licensing, regulatory, and disciplinary powers.

## Business and Professions Code - BPC ## DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. ) ## CHAPTER 13. Shorthand Reporters [8000 - 8051] ( Chapter 13 added by Stats. 1953, Ch. 191. ) ## ARTICLE 1. Administration [8000 - 8011] ( Article 1 added by Stats. 1953, Ch. 191. ) ## 8005.1. Protection of the public shall be the highest priority for the Court Reporters Board of California 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. (Added by Stats. 2002, Ch. 107, Sec. 33. Effective January 1, 2003.)

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