| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly | |
| 1 | + | Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2409Introduced by Assembly Member KileyFebruary 14, 2018 An act to amend Section 101.6 of add Section 37 to the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 2409, as amended, Kiley. Professions and vocations. vocations: occupational regulations.Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, and commissions boards within the Department of Consumer Affairs and provides that those boards, bureaus, and commissions boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation.This bill would make a nonsubstantive change to that provision. establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to obtain a license and not to have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would also include the right of a person who is behind on his or her taxes or student loans to petition a board not to use these factors against that person, as prescribed.The bill would authorize a person who is denied a license to file a petition and appeal to the board. The bill would prescribe procedures and legal standards by which a board may determine that a persons criminal record disqualifies that person. The bill would also permit a person, following the response to an administrative petition, to file an appeal to a court for a declaratory judgment or injunctive or other equitable relief, in accordance with certain legal procedures and criteria. The bill would include related definitions and declare the intent of the Legislature in this regard.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. This act may be known as the Occupational Opportunity Act.SEC. 2. The Legislature finds and declares all of the following:(a) Each individual has the right to pursue a chosen profession and vocation, free from arbitrary or excessive government interference.(b) The freedom to earn an honest living traditionally has provided the surest means for economic mobility.(c) In recent years, many regulations of entry into professions and vocations have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.(d) The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.(e) It is in the public interest to do all of the following:(1) Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition.(2) Provide the means for the vindication of this right.(3) Ensure that regulations of entry into professions and vocations are demonstrably necessary and narrowly tailored to fulfill legitimate health, safety, and welfare objectives.SEC. 3. Section 37 is added to the Business and Professions Code, to read:37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(b) (1) (A) A person denied a license may file a petition and appeal to the board.(B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.(C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following:(i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied.(ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license.(iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend.(2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a).(c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a).(2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a).(3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). (d) For purposes of this section, the following terms apply:(1) Board has the same meaning as set forth in Section 22.(2) License has the same meaning as set forth in Section 23.7.(3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation.SECTION 1.Section 101.6 of the Business and Professions Code is amended to read:101.6.(a)The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California.(b)To this end, they establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate upon determining that such persons possess the requisite skills and qualifications necessary to provide safe and effective services to the public, or register or otherwise certify persons in order to identify practitioners and ensure performance according to set and accepted professional standards. They provide a means for redress of grievances by investigating allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the public and institute disciplinary action against persons licensed or registered under the provisions of this code when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or otherwise certified persons in order to ensure compliance with the relevant sections of this code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 23, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2409Introduced by Assembly Member KileyFebruary 14, 2018 An act to amend Section 101.6 of add Section 37 to the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 2409, as amended, Kiley. Professions and vocations. vocations: occupational regulations.Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, and commissions boards within the Department of Consumer Affairs and provides that those boards, bureaus, and commissions boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation.This bill would make a nonsubstantive change to that provision. establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to obtain a license and not to have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would also include the right of a person who is behind on his or her taxes or student loans to petition a board not to use these factors against that person, as prescribed.The bill would authorize a person who is denied a license to file a petition and appeal to the board. The bill would prescribe procedures and legal standards by which a board may determine that a persons criminal record disqualifies that person. The bill would also permit a person, following the response to an administrative petition, to file an appeal to a court for a declaratory judgment or injunctive or other equitable relief, in accordance with certain legal procedures and criteria. The bill would include related definitions and declare the intent of the Legislature in this regard.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 23, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly April 16, 2018 | |
| 8 | 7 | Amended IN Assembly March 23, 2018 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 2409 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member KileyFebruary 14, 2018 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Kiley | |
| 17 | 16 | February 14, 2018 | |
| 18 | 17 | ||
| 19 | - | An act to add Section 37 to the Business and Professions Code, relating to professions and vocations. | |
| 18 | + | An act to amend Section 101.6 of add Section 37 to the Business and Professions Code, relating to professions and vocations. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | - | AB 2409, as amended, Kiley. Professions and vocations: occupational regulations. | |
| 24 | + | AB 2409, as amended, Kiley. Professions and vocations. vocations: occupational regulations. | |
| 26 | 25 | ||
| 27 | - | Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides that those boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation.This bill would establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to obtain a license and not to have a board use the persons criminal record | |
| 26 | + | Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, and commissions boards within the Department of Consumer Affairs and provides that those boards, bureaus, and commissions boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation.This bill would make a nonsubstantive change to that provision. establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to obtain a license and not to have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would also include the right of a person who is behind on his or her taxes or student loans to petition a board not to use these factors against that person, as prescribed.The bill would authorize a person who is denied a license to file a petition and appeal to the board. The bill would prescribe procedures and legal standards by which a board may determine that a persons criminal record disqualifies that person. The bill would also permit a person, following the response to an administrative petition, to file an appeal to a court for a declaratory judgment or injunctive or other equitable relief, in accordance with certain legal procedures and criteria. The bill would include related definitions and declare the intent of the Legislature in this regard. | |
| 28 | 27 | ||
| 29 | - | Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides that those boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation. | |
| 28 | + | Existing law provides for the licensure and regulation of various professions and vocations by boards, bureaus, and commissions boards within the Department of Consumer Affairs and provides that those boards, bureaus, and commissions boards are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. Existing law authorizes a board to deny a license if an applicant has been convicted of a crime, done any act involving dishonesty, fraud, or deceit with intent to substantially benefit himself or herself or another or substantially injure another, or does any act that, if done by a licentiate of the business or profession, would be grounds for suspension or revocation. | |
| 30 | 29 | ||
| 31 | - | This bill would establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to obtain a license and not to have a board use the persons criminal record | |
| 30 | + | This bill would make a nonsubstantive change to that provision. establish that a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation, as defined, that imposes a substantial burden on that right, and would require each occupational regulation to be limited to what is demonstrably necessary and narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. The bill would include within this the right of a person with a criminal record to obtain a license and not to have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. The bill would also include the right of a person who is behind on his or her taxes or student loans to petition a board not to use these factors against that person, as prescribed. | |
| 32 | 31 | ||
| 33 | - | The bill would authorize a person who is denied a license to file a petition and appeal to the board. The bill would prescribe procedures and legal standards by which a board may determine that a persons criminal record disqualifies that person. The bill would also permit a person, following the response to an administrative petition, to file an appeal to a court for a declaratory judgment or injunctive or other equitable relief, in accordance with certain legal procedures and criteria. | |
| 32 | + | The bill would authorize a person who is denied a license to file a petition and appeal to the board. The bill would prescribe procedures and legal standards by which a board may determine that a persons criminal record disqualifies that person. The bill would also permit a person, following the response to an administrative petition, to file an appeal to a court for a declaratory judgment or injunctive or other equitable relief, in accordance with certain legal procedures and criteria. The bill would include related definitions and declare the intent of the Legislature in this regard. | |
| 34 | 33 | ||
| 35 | 34 | ## Digest Key | |
| 36 | 35 | ||
| 37 | 36 | ## Bill Text | |
| 38 | 37 | ||
| 39 | - | The people of the State of California do enact as follows:SECTION 1. This act may be known as the Occupational Opportunity Act.SEC. 2. The Legislature finds and declares all of the following:(a) Each individual has the right to pursue a chosen profession and vocation, free from arbitrary or excessive government interference.(b) The freedom to earn an honest living traditionally has provided the surest means for economic mobility.(c) In recent years, many regulations of entry into professions and vocations have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.(d) The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.(e) It is in the public interest to do all of the following:(1) Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition.(2) Provide the means for the vindication of this right.(3) Ensure that regulations of entry into professions and vocations are demonstrably necessary and narrowly tailored to fulfill legitimate health, safety, and welfare objectives.SEC. 3. Section 37 is added to the Business and Professions Code, to read:37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. to not have the persons criminal record | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. This act may be known as the Occupational Opportunity Act.SEC. 2. The Legislature finds and declares all of the following:(a) Each individual has the right to pursue a chosen profession and vocation, free from arbitrary or excessive government interference.(b) The freedom to earn an honest living traditionally has provided the surest means for economic mobility.(c) In recent years, many regulations of entry into professions and vocations have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.(d) The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.(e) It is in the public interest to do all of the following:(1) Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition.(2) Provide the means for the vindication of this right.(3) Ensure that regulations of entry into professions and vocations are demonstrably necessary and narrowly tailored to fulfill legitimate health, safety, and welfare objectives.SEC. 3. Section 37 is added to the Business and Professions Code, to read:37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(b) (1) (A) A person denied a license may file a petition and appeal to the board.(B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.(C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following:(i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied.(ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license.(iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend.(2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a).(c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a).(2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a).(3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). (d) For purposes of this section, the following terms apply:(1) Board has the same meaning as set forth in Section 22.(2) License has the same meaning as set forth in Section 23.7.(3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation.SECTION 1.Section 101.6 of the Business and Professions Code is amended to read:101.6.(a)The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California.(b)To this end, they establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate upon determining that such persons possess the requisite skills and qualifications necessary to provide safe and effective services to the public, or register or otherwise certify persons in order to identify practitioners and ensure performance according to set and accepted professional standards. They provide a means for redress of grievances by investigating allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the public and institute disciplinary action against persons licensed or registered under the provisions of this code when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or otherwise certified persons in order to ensure compliance with the relevant sections of this code. | |
| 40 | 39 | ||
| 41 | 40 | The people of the State of California do enact as follows: | |
| 42 | 41 | ||
| 43 | 42 | ## The people of the State of California do enact as follows: | |
| 44 | 43 | ||
| 45 | 44 | SECTION 1. This act may be known as the Occupational Opportunity Act. | |
| 46 | 45 | ||
| 47 | 46 | SECTION 1. This act may be known as the Occupational Opportunity Act. | |
| 48 | 47 | ||
| 49 | 48 | SECTION 1. This act may be known as the Occupational Opportunity Act. | |
| 50 | 49 | ||
| 51 | 50 | ### SECTION 1. | |
| 52 | 51 | ||
| 53 | 52 | SEC. 2. The Legislature finds and declares all of the following:(a) Each individual has the right to pursue a chosen profession and vocation, free from arbitrary or excessive government interference.(b) The freedom to earn an honest living traditionally has provided the surest means for economic mobility.(c) In recent years, many regulations of entry into professions and vocations have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.(d) The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.(e) It is in the public interest to do all of the following:(1) Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition.(2) Provide the means for the vindication of this right.(3) Ensure that regulations of entry into professions and vocations are demonstrably necessary and narrowly tailored to fulfill legitimate health, safety, and welfare objectives. | |
| 54 | 53 | ||
| 55 | 54 | SEC. 2. The Legislature finds and declares all of the following:(a) Each individual has the right to pursue a chosen profession and vocation, free from arbitrary or excessive government interference.(b) The freedom to earn an honest living traditionally has provided the surest means for economic mobility.(c) In recent years, many regulations of entry into professions and vocations have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.(d) The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.(e) It is in the public interest to do all of the following:(1) Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition.(2) Provide the means for the vindication of this right.(3) Ensure that regulations of entry into professions and vocations are demonstrably necessary and narrowly tailored to fulfill legitimate health, safety, and welfare objectives. | |
| 56 | 55 | ||
| 57 | 56 | SEC. 2. The Legislature finds and declares all of the following: | |
| 58 | 57 | ||
| 59 | 58 | ### SEC. 2. | |
| 60 | 59 | ||
| 61 | 60 | (a) Each individual has the right to pursue a chosen profession and vocation, free from arbitrary or excessive government interference. | |
| 62 | 61 | ||
| 63 | 62 | (b) The freedom to earn an honest living traditionally has provided the surest means for economic mobility. | |
| 64 | 63 | ||
| 65 | 64 | (c) In recent years, many regulations of entry into professions and vocations have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition. | |
| 66 | 65 | ||
| 67 | 66 | (d) The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed. | |
| 68 | 67 | ||
| 69 | 68 | (e) It is in the public interest to do all of the following: | |
| 70 | 69 | ||
| 71 | 70 | (1) Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition. | |
| 72 | 71 | ||
| 73 | 72 | (2) Provide the means for the vindication of this right. | |
| 74 | 73 | ||
| 75 | 74 | (3) Ensure that regulations of entry into professions and vocations are demonstrably necessary and narrowly tailored to fulfill legitimate health, safety, and welfare objectives. | |
| 76 | 75 | ||
| 77 | - | SEC. 3. Section 37 is added to the Business and Professions Code, to read:37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 76 | + | SEC. 3. Section 37 is added to the Business and Professions Code, to read:37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(b) (1) (A) A person denied a license may file a petition and appeal to the board.(B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.(C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following:(i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied.(ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license.(iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend.(2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a).(c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a).(2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a).(3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). (d) For purposes of this section, the following terms apply:(1) Board has the same meaning as set forth in Section 22.(2) License has the same meaning as set forth in Section 23.7.(3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation. | |
| 78 | 77 | ||
| 79 | 78 | SEC. 3. Section 37 is added to the Business and Professions Code, to read: | |
| 80 | 79 | ||
| 81 | 80 | ### SEC. 3. | |
| 82 | 81 | ||
| 83 | - | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 82 | + | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(b) (1) (A) A person denied a license may file a petition and appeal to the board.(B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.(C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following:(i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied.(ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license.(iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend.(2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a).(c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a).(2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a).(3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). (d) For purposes of this section, the following terms apply:(1) Board has the same meaning as set forth in Section 22.(2) License has the same meaning as set forth in Section 23.7.(3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation. | |
| 84 | 83 | ||
| 85 | - | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 84 | + | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(b) (1) (A) A person denied a license may file a petition and appeal to the board.(B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.(C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following:(i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied.(ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license.(iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend.(2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a).(c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a).(2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a).(3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). (d) For purposes of this section, the following terms apply:(1) Board has the same meaning as set forth in Section 22.(2) License has the same meaning as set forth in Section 23.7.(3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation. | |
| 86 | 85 | ||
| 87 | - | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 86 | + | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective.(2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation.(b) (1) (A) A person denied a license may file a petition and appeal to the board.(B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.(C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following:(i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied.(ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license.(iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend.(2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a).(c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a).(2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a).(3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). (d) For purposes of this section, the following terms apply:(1) Board has the same meaning as set forth in Section 22.(2) License has the same meaning as set forth in Section 23.7.(3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation. | |
| 88 | 87 | ||
| 89 | 88 | ||
| 90 | 89 | ||
| 91 | 90 | 37. (a) (1) Notwithstanding Section 480 or any other law, a person has a right to engage in a lawful profession or vocation without being subject to an occupational regulation that imposes a substantial burden on that right. To achieve this purpose, each occupational regulation shall be limited to what is demonstrably necessary and shall be narrowly tailored to fulfill a legitimate public health, safety, or welfare objective. | |
| 92 | 91 | ||
| 93 | - | (2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 92 | + | (2) Notwithstanding any other law, the right set forth in paragraph (1) includes the right of a person with a criminal record to obtain a license to engage in a profession or vocation, and the right to not have a board use the persons criminal record as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 94 | 93 | ||
| 95 | - | (3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans | |
| 94 | + | (3) Notwithstanding any other law, the right set forth in paragraph (1) also includes the right of a person who is behind on his or her taxes or student loans to obtain a license to engage in a profession or vocation, and the right to not have the board use the persons status with respect to his or her taxes or student loans as an automatic or mandatory permanent bar to engaging in a lawful profession or vocation. | |
| 96 | 95 | ||
| 97 | 96 | (b) (1) (A) A person denied a license may file a petition and appeal to the board. | |
| 98 | 97 | ||
| 99 | - | ||
| 100 | - | ||
| 101 | 98 | (B) If the person has a criminal record, the person shall include in the petition a copy of his or her criminal record or shall authorize the board to obtain a copy that record. The person may additionally include information about his or her current circumstances, including, but not limited to, the time passed since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations. | |
| 102 | - | ||
| 103 | - | ||
| 104 | 99 | ||
| 105 | 100 | (C) Notwithstanding any other law, the board may find that the persons criminal record disqualifies that person from obtaining a license only if the persons criminal record includes a conviction for a felony or a violent misdemeanor and the board concludes that the state has an important interest in protecting public safety that is superior to the persons individual right. The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, all of the following: | |
| 106 | 101 | ||
| 107 | - | ||
| 108 | - | ||
| 109 | 102 | (i) The specific offense for which the person was convicted is substantially related to the qualifications, functions, or duties of the profession or vocation for which application was denied. | |
| 110 | - | ||
| 111 | - | ||
| 112 | 103 | ||
| 113 | 104 | (ii) The person, based on the nature of the specific offense for which he or she was convicted and his or her current circumstances, would be put in a position in which that person is more likely to reoffend by having the license than if the person did not obtain that license. | |
| 114 | 105 | ||
| 115 | - | ||
| 116 | - | ||
| 117 | 106 | (iii) A reoffense by the person would cause greater harm than it would if the person did not have a license and was not put in a position in which the person is more likely to reoffend. | |
| 118 | - | ||
| 119 | - | ||
| 120 | 107 | ||
| 121 | 108 | (2) Within 90 days of a petition filed pursuant to paragraph (1), the board shall make a determination on the appeal, based on the standards set forth in subdivision (a). | |
| 122 | 109 | ||
| 123 | - | ||
| 124 | - | ||
| 125 | 110 | (c) (1) Following the response to an administrative petition pursuant to paragraph (2) of subdivision (b), a person may file an appeal to a court of general jurisdiction for a declaratory judgment or injunctive relief or other equitable relief for a violation of subdivision (a). | |
| 126 | - | ||
| 127 | - | ||
| 128 | 111 | ||
| 129 | 112 | (2) In such an action, the board bears the burden of proving by preponderance of the evidence that the challenged occupational regulation meets the criteria set forth in paragraph (1) of subdivision (a). | |
| 130 | 113 | ||
| 131 | - | ||
| 132 | - | ||
| 133 | 114 | (3) If the board fails to meet the burden of proof and the court finds by a preponderance of evidence that the challenged occupational regulation fails to meet the criteria set forth in paragraph (1) of subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the plaintiff. | |
| 134 | 115 | ||
| 135 | - | ||
| 136 | - | ||
| 137 | 116 | (4) A court shall liberally construe this section to protect the rights established in paragraph (1) of subdivision (a). | |
| 138 | - | ||
| 139 | - | ||
| 140 | - | ||
| 141 | - | (b) (1) A person may petition a board to review an occupational regulation within the boards jurisdiction for compliance with subdivision (a). The board shall respond within 90 days after the petition is submitted, and shall, in writing, inform the petitioner of the boards decision to do one of the following depending on the circumstances: | |
| 142 | - | ||
| 143 | - | (A) Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), repeal the occupational regulation. | |
| 144 | - | ||
| 145 | - | (B) Subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), amend the occupational regulation to bring it into compliance with subdivision (a). | |
| 146 | - | ||
| 147 | - | (C) Recommend the enactment of legislation by the Legislature. | |
| 148 | - | ||
| 149 | - | (D) State the basis on which the board concludes the occupational regulation complies with subdivision (a). | |
| 150 | - | ||
| 151 | - | (2) A person may appeal the boards determination in paragraph (1) by filing an action in a court of general jurisdiction for declaratory judgment, injunctive relief, or other equitable relief. | |
| 152 | - | ||
| 153 | - | (A) In such an action, the board bears the burden of proving by a preponderance of the evidence that the challenged occupational regulation is in compliance with subdivision (a). | |
| 154 | - | ||
| 155 | - | (B) If the board fails to meet the burden of proof and the court finds by a preponderance of the evidence that the challenged occupational regulation does not comply with subdivision (a), the court shall enjoin further enforcement of the occupational regulation and shall award reasonable attorneys fees and costs to the petitioner. | |
| 156 | - | ||
| 157 | - | (c) (1) Notwithstanding any other law, a person with a criminal record may petition a board at any time for a determination of whether the persons criminal record will automatically disqualify the person from obtaining a license from the board. | |
| 158 | - | ||
| 159 | - | (2) The person shall include in the petition the persons criminal record or authorize the board to obtain the persons criminal record. | |
| 160 | - | ||
| 161 | - | (3) Notwithstanding any other statute or rule, the board may find the individuals criminal record disqualifies the individual from obtaining a license only if both of the following are met: | |
| 162 | - | ||
| 163 | - | (A) The persons criminal record includes a conviction for a felony or violent misdemeanor. | |
| 164 | - | ||
| 165 | - | (B) The board concludes the state has an important interest in protecting public safety that is superior to the persons right in subdivision (a). The board may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, that all of the following are met: | |
| 166 | - | ||
| 167 | - | (i) The specific offense for which the person was convicted is substantially related to the states interest in protecting public safety. | |
| 168 | - | ||
| 169 | - | (ii) The person, based on the nature of the specific offense for which he or she was convicted and the persons current circumstances, will be put in a position where the person is more likely to reoffend by having the license than if the individual did not have the license. | |
| 170 | - | ||
| 171 | - | (iii) A reoffense will cause greater harm than if the individual did not have a license and was not put in the position where the individual is more likely to reoffend. | |
| 172 | - | ||
| 173 | - | (4) The board shall issue its determination within 90 days after the board receives the petition. The determination shall be in writing and include, but not be limited to, the persons criminal record, findings of fact, and the boards legal conclusions. | |
| 174 | 117 | ||
| 175 | 118 | (d) For purposes of this section, the following terms apply: | |
| 176 | 119 | ||
| 177 | 120 | (1) Board has the same meaning as set forth in Section 22. | |
| 178 | 121 | ||
| 179 | 122 | (2) License has the same meaning as set forth in Section 23.7. | |
| 180 | 123 | ||
| 181 | 124 | (3) Occupational regulation means a regulation, rule, policy, condition, test, permit, administrative practice, or other state government-prescribed requirement for a person to engage in a lawful profession or vocation. | |
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | (a)The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities that have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. | |
| 131 | + | ||
| 132 | + | ||
| 133 | + | ||
| 134 | + | (b)To this end, they establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate upon determining that such persons possess the requisite skills and qualifications necessary to provide safe and effective services to the public, or register or otherwise certify persons in order to identify practitioners and ensure performance according to set and accepted professional standards. They provide a means for redress of grievances by investigating allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the public and institute disciplinary action against persons licensed or registered under the provisions of this code when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or otherwise certified persons in order to ensure compliance with the relevant sections of this code. |