CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 314Introduced by Senator NguyenFebruary 13, 2017 An act to amend Section 7403 of the Business and Professions Code, relating to barbering and cosmetology. LEGISLATIVE COUNSEL'S DIGESTSB 314, as introduced, Nguyen. Barbering and cosmetology.The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. Existing law authorizes the board to revoke, suspend, or deny, at any time, any license of a licensee on any of the ground for disciplinary action, as specified.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7403 of the Business and Professions Code is amended to read:7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.(d) Commencing July 1, 2009, all of the following shall apply:(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 314Introduced by Senator NguyenFebruary 13, 2017 An act to amend Section 7403 of the Business and Professions Code, relating to barbering and cosmetology. LEGISLATIVE COUNSEL'S DIGESTSB 314, as introduced, Nguyen. Barbering and cosmetology.The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. Existing law authorizes the board to revoke, suspend, or deny, at any time, any license of a licensee on any of the ground for disciplinary action, as specified.This bill would make nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 314
Introduced by Senator NguyenFebruary 13, 2017
Introduced by Senator Nguyen
February 13, 2017
An act to amend Section 7403 of the Business and Professions Code, relating to barbering and cosmetology.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 314, as introduced, Nguyen. Barbering and cosmetology.
The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. Existing law authorizes the board to revoke, suspend, or deny, at any time, any license of a licensee on any of the ground for disciplinary action, as specified.This bill would make nonsubstantive changes to these provisions.
The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. Existing law authorizes the board to revoke, suspend, or deny, at any time, any license of a licensee on any of the ground for disciplinary action, as specified.
This bill would make nonsubstantive changes to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7403 of the Business and Professions Code is amended to read:7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.(d) Commencing July 1, 2009, all of the following shall apply:(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
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 7403 of the Business and Professions Code is amended to read:7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.(d) Commencing July 1, 2009, all of the following shall apply:(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
SECTION 1. Section 7403 of the Business and Professions Code is amended to read:
### SECTION 1.
7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.(d) Commencing July 1, 2009, all of the following shall apply:(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.(d) Commencing July 1, 2009, all of the following shall apply:(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.(d) Commencing July 1, 2009, all of the following shall apply:(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.
7403. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny deny, at any time time, any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(b) The board may deny a license to an applicant on any of the grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and 486, upon denying a license to an applicant, the board shall provide a statement of reasons for the denial that does the following:
(1) Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2) Provides the boards criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3) If the boards decision was based on the applicants prior criminal conviction, justifies the boards denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a barber or cosmetologist.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a license is due at least in part to the applicants state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph (3) of subdivision (c), provide to the applicant a copy of his or her criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.
(A) The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B) The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicants criminal history record and the criminal history record shall not be made available by the board to any employer.
(C) The board shall retain a copy of the applicants written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2) The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e) Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicants request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.
(f) In any case in which the administrative law judge recommends that the board revoke, suspend, or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, costs include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision.
(g) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision.
(h) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs.
(i) In any judicial action for the recovery of costs, proof of the boards decision shall be conclusive proof of the validity of the order of payment and the terms for payment.
(j) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the boards contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered.