Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1590Introduced by Assembly Member ChenFebruary 17, 2017 An act to amend Section 325 8621 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 1590, as amended, Chen. Professions and vocations. Structural Pest Control Board: complaints: structural pest control operators.Existing law defines, licenses, and regulates structural pest control operators and establishes the Structural Pest Control Board within the Department of Consumer Affairs to administer these provisions. Existing law requires all complaints against a licensee or a registered company to be filed with the board within 2 years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, within 4 years after commission of the fraudulent act or omission. Existing law requires the board to file any accusation within one year after the complaint has been filed with the board, except as specified.This bill instead would require a complaint in writing against a nonlicensee, licensee, or registered company to be filed with the board no later than 2 years after the act or omission or, in a matter involving fraud, gross negligence, or misrepresentation, no later than 4 years after commission of the act or omission. The bill instead would require the board to file any accusation no later than 18 months after the complaint was filed with the board, except as specified.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs, and places the department under the control of the Director of Consumer Affairs. Existing law requires the director to receive complaints from consumers concerning various matters, including, but not limited to, the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8621 of the Business and Professions Code is amended to read:8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.SECTION 1.Section 325 of the Business and Professions Code is amended to read:325.It shall be the duty of the director to receive complaints from consumers concerning (a) unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce; (b) the production, distribution, sale, and lease of any goods and services undertaken by any person that may endanger the public health, safety, or welfare; (c) violations of provisions of this code relating to businesses and professions licensed by any agency of the department, and regulations promulgated pursuant thereto; (d) student concerns related to the Bureau for Private Postsecondary Educations performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Educations handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code; and (e) other matters consistent with the purposes of this chapter, whenever appropriate.
Amended IN Assembly March 21, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1590Introduced by Assembly Member ChenFebruary 17, 2017 An act to amend Section 325 8621 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 1590, as amended, Chen. Professions and vocations. Structural Pest Control Board: complaints: structural pest control operators.Existing law defines, licenses, and regulates structural pest control operators and establishes the Structural Pest Control Board within the Department of Consumer Affairs to administer these provisions. Existing law requires all complaints against a licensee or a registered company to be filed with the board within 2 years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, within 4 years after commission of the fraudulent act or omission. Existing law requires the board to file any accusation within one year after the complaint has been filed with the board, except as specified.This bill instead would require a complaint in writing against a nonlicensee, licensee, or registered company to be filed with the board no later than 2 years after the act or omission or, in a matter involving fraud, gross negligence, or misrepresentation, no later than 4 years after commission of the act or omission. The bill instead would require the board to file any accusation no later than 18 months after the complaint was filed with the board, except as specified.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs, and places the department under the control of the Director of Consumer Affairs. Existing law requires the director to receive complaints from consumers concerning various matters, including, but not limited to, the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 21, 2017
Amended IN Assembly March 21, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 1590
Introduced by Assembly Member ChenFebruary 17, 2017
Introduced by Assembly Member Chen
February 17, 2017
An act to amend Section 325 8621 of the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1590, as amended, Chen. Professions and vocations. Structural Pest Control Board: complaints: structural pest control operators.
Existing law defines, licenses, and regulates structural pest control operators and establishes the Structural Pest Control Board within the Department of Consumer Affairs to administer these provisions. Existing law requires all complaints against a licensee or a registered company to be filed with the board within 2 years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, within 4 years after commission of the fraudulent act or omission. Existing law requires the board to file any accusation within one year after the complaint has been filed with the board, except as specified.This bill instead would require a complaint in writing against a nonlicensee, licensee, or registered company to be filed with the board no later than 2 years after the act or omission or, in a matter involving fraud, gross negligence, or misrepresentation, no later than 4 years after commission of the act or omission. The bill instead would require the board to file any accusation no later than 18 months after the complaint was filed with the board, except as specified.Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs, and places the department under the control of the Director of Consumer Affairs. Existing law requires the director to receive complaints from consumers concerning various matters, including, but not limited to, the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.This bill would make a nonsubstantive change to that provision.
Existing law defines, licenses, and regulates structural pest control operators and establishes the Structural Pest Control Board within the Department of Consumer Affairs to administer these provisions. Existing law requires all complaints against a licensee or a registered company to be filed with the board within 2 years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, within 4 years after commission of the fraudulent act or omission. Existing law requires the board to file any accusation within one year after the complaint has been filed with the board, except as specified.
This bill instead would require a complaint in writing against a nonlicensee, licensee, or registered company to be filed with the board no later than 2 years after the act or omission or, in a matter involving fraud, gross negligence, or misrepresentation, no later than 4 years after commission of the act or omission. The bill instead would require the board to file any accusation no later than 18 months after the complaint was filed with the board, except as specified.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs, and places the department under the control of the Director of Consumer Affairs. Existing law requires the director to receive complaints from consumers concerning various matters, including, but not limited to, the production, distribution, sale, and lease of any goods and services undertaken by any person which may endanger the public health, safety, or welfare.
This bill would make a nonsubstantive change to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8621 of the Business and Professions Code is amended to read:8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.SECTION 1.Section 325 of the Business and Professions Code is amended to read:325.It shall be the duty of the director to receive complaints from consumers concerning (a) unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce; (b) the production, distribution, sale, and lease of any goods and services undertaken by any person that may endanger the public health, safety, or welfare; (c) violations of provisions of this code relating to businesses and professions licensed by any agency of the department, and regulations promulgated pursuant thereto; (d) student concerns related to the Bureau for Private Postsecondary Educations performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Educations handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code; and (e) other matters consistent with the purposes of this chapter, whenever appropriate.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8621 of the Business and Professions Code is amended to read:8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.
SECTION 1. Section 8621 of the Business and Professions Code is amended to read:
### SECTION 1.
8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.
8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.
8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.
8621. All complaints against licensees or registered companies A complaint in writing of any person against a nonlicensee, licensee, or registered company shall be filed with the board within no later than two years after the act or omission alleged as the ground for disciplinary action or, in the case of fraud, in a matter involving fraud, gross negligence, or misrepresentation, within no later than four years after commission of the fraudulent act or omission. The board shall file any accusation within one year no later than 18 months after the complaint has been filed with the board, except that with respect to an accusation alleging a violation of Section 8637, the accusation may be filed within no later than two years after the discovery by the board of the alleged facts constituting the fraud or misrepresentation prohibited by the section.
It shall be the duty of the director to receive complaints from consumers concerning (a) unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in the conduct of any trade or commerce; (b) the production, distribution, sale, and lease of any goods and services undertaken by any person that may endanger the public health, safety, or welfare; (c) violations of provisions of this code relating to businesses and professions licensed by any agency of the department, and regulations promulgated pursuant thereto; (d) student concerns related to the Bureau for Private Postsecondary Educations performance of its responsibilities, including concerns that arise related to the Bureau for Private Postsecondary Educations handling of a complaint or its administration of the Student Tuition Recovery Fund, established in Article 14 (commencing with Section 94923) of Chapter 8 of Part 59 of Division 10 of Title 3 of the Education Code; and (e) other matters consistent with the purposes of this chapter, whenever appropriate.