California Senate Bill SB1165 Latest Draft

 BILL NUMBER: SB 1165AMENDED BILL TEXT AMENDED IN SENATE MARCH 27, 2012 INTRODUCED BY Senator Wright FEBRUARY 22, 2012 An act to amend Section  487 of the Business and Professions Code, relating to professions and vocations   1802 of the Public Utilities Code, relating to the Public Utilities Commission  . LEGISLATIVE COUNSEL'S DIGEST SB 1165, as amended, Wright.  Denial of license.   Public Utilities Commission: intervenor compensation.   Under existing law, the Public Utilities Commission has regulatory authority over public utilities and can establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. Existing law provides compensation for reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs to public utility customers, as defined, for participation or intervention in any proceeding of the commission based upon specified criteria.   This bill would include a school district, county office of education, or community college district in the definition of a customer that may apply for intervenor compensation.   Existing law provides for the licensure, regulation, and discipline of various professions and vocations. These provisions are administered by the boards and examining committees established within the Department of Consumer Affairs. Existing law provides that a licensing authority may deny a license to an applicant for specified reasons.   Existing law provides that an applicant may request a hearing with the licensing authority to reconsider the decision to deny the license. Such a hearing must be held within 90 days of the request, except as specified.   This bill would require the licensing authority to send notice of the hearing date to the applicant within 30 days of receiving the request for a hearing.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1802 of the   Public Utilities Code   is amended to read:  1802. As used in this article: (a) "Compensation" means payment for all or part, as determined by the commission, of reasonable advocate's fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a proceeding, and includes the fees and costs of obtaining an award under this article and of obtaining judicial review, if any. (b) (1) "Customer" means any of the following: (A) A participant representing consumers, customers, or subscribers of any electrical, gas, telephone, telegraph, or water corporation that is subject to the jurisdiction of the commission. (B) A representative who has been authorized by a customer. (C) A representative of a group or organization authorized pursuant to its articles of incorporation or bylaws to represent the interests of residential customers, or to represent small commercial customers who receive bundled electric service from an electrical corporation.  (D) A school district, county office of education, or community college district.  (2) "Customer" does not include any state, federal, or local government agency, any publicly owned public utility, or any entity that, in the commission's opinion, was established or formed by a local government entity for the purpose of participating in a commission proceeding. (c) "Expert witness fees" means recorded or billed costs incurred by a customer for an expert witness. (d) "Other reasonable costs" means reasonable out-of-pocket expenses directly incurred by a customer that are directly related to the contentions or recommendations made by the customer that resulted in a substantial contribution. (e) "Party" means any interested party, respondent public utility, or commission staff in a hearing or proceeding. (f) "Proceeding" means an application, complaint, or investigation, rulemaking, alternative dispute resolution procedures in lieu of formal proceedings as may be sponsored or endorsed by the commission, or other formal proceeding before the commission. (g) "Significant financial hardship" means either that the customer cannot afford, without undue hardship, to pay the costs of effective participation, including advocate's fees, expert witness fees, and other reasonable costs of participation, or that, in the case of a group or organization, the economic interest of the individual members of the group or organization is small in comparison to the costs of effective participation in the proceeding. (h) "Small commercial customer" means any nonresidential customer with a maximum peak demand of less than 50 kilowatts. The commission may establish rules to modify or change the definition of "small commercial customer," including use of criteria other than a peak demand threshold, if the commission determines that the modification or change will promote participation in proceedings at the commission by organizations representing small businesses, without incorporating large commercial and industrial customers. (i) "Substantial contribution" means that, in the judgment of the commission, the customer's presentation has substantially assisted the commission in the making of its order or decision because the order or decision has adopted in whole or in part one or more factual contentions, legal contentions, or specific policy or procedural recommendations presented by the customer. Where the customer's participation has resulted in a substantial contribution, even if the decision adopts that customer's contention or recommendations only in part, the commission may award the customer compensation for all reasonable advocate's fees, reasonable expert fees, and other reasonable costs incurred by the customer in preparing or presenting that contention or recommendation.  SECTION 1.   Section 487 of the Business and Professions Code is amended to read: 487. (a) If a hearing is requested by the applicant, the board shall conduct the hearing within 90 days from the date the hearing is requested unless the applicant shall request or agree in writing to a postponement or continuance of the hearing. Notwithstanding the above, the Office of Administrative Hearings may order, or on a showing of good cause, grant a request for, up to 45 additional days within which to conduct a hearing, except in cases involving alleged examination or licensing fraud, in which cases the period may be up to 180 days. In no case shall more than two such orders be made or requests be granted. (b) Notice of the scheduled hearing date shall be sent to the applicant by the board within 30 days of receipt of the request for hearing.