Amended IN Senate March 16, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 314Introduced by Senator NguyenFebruary 13, 2017 An act to amend Section 7403 4604 of the Business and Professions Code, relating to barbering and cosmetology. massage therapy.LEGISLATIVE COUNSEL'S DIGESTSB 314, as amended, Nguyen. Barbering and cosmetology. Massage therapy: certification: credit hours.The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.This bill would require the council to accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from an unapproved school prior to July 1, 2016. The bill would also require an applicant to apply for certification as a massage therapist within 5 years of completing those educational requirements.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 4604 of the Business and Professions Code is amended to read:4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).SECTION 1.Section 7403 of the Business and Professions Code is amended to read:7403.(a)Notwithstanding any other law, the board may revoke, suspend, or deny, at any 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 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.
Amended IN Senate March 16, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 314Introduced by Senator NguyenFebruary 13, 2017 An act to amend Section 7403 4604 of the Business and Professions Code, relating to barbering and cosmetology. massage therapy.LEGISLATIVE COUNSEL'S DIGESTSB 314, as amended, Nguyen. Barbering and cosmetology. Massage therapy: certification: credit hours.The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.This bill would require the council to accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from an unapproved school prior to July 1, 2016. The bill would also require an applicant to apply for certification as a massage therapist within 5 years of completing those educational requirements.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
Amended IN Senate March 16, 2017
Amended IN Senate March 16, 2017
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 4604 of the Business and Professions Code, relating to barbering and cosmetology. massage therapy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 314, as amended, Nguyen. Barbering and cosmetology. Massage therapy: certification: credit hours.
The Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.This bill would require the council to accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from an unapproved school prior to July 1, 2016. The bill would also require an applicant to apply for certification as a massage therapist within 5 years of completing those educational requirements.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 Massage Therapy Act, until January 1, 2021, provides for the certification and regulation of massage therapists and massage practitioners by the California Massage Therapy Council, which is a nonprofit organization. Existing law requires applicants for certification as a massage therapist to complete certain educational requirements, including the curricula in massage and related subjects totaling a minimum of 500 hours. Existing law requires these 500 hours to be from an approved school, as defined.
This bill would require the council to accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from an unapproved school prior to July 1, 2016. The bill would also require an applicant to apply for certification as a massage therapist within 5 years of completing those educational requirements.
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 4604 of the Business and Professions Code is amended to read:4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).SECTION 1.Section 7403 of the Business and Professions Code is amended to read:7403.(a)Notwithstanding any other law, the board may revoke, suspend, or deny, at any 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 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 4604 of the Business and Professions Code is amended to read:4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).
SECTION 1. Section 4604 of the Business and Professions Code is amended to read:
### SECTION 1.
4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).
4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).
4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:(1) The applicant is 18 years of age or older.(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.(5) All fees required by the council have been paid.(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).
4604. (a) In order to obtain certification as a massage therapist, an applicant shall submit a written application and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant has successfully completed the curricula in massage and related subjects totaling a minimum of 500 hours, or the credit unit equivalent, that incorporates appropriate school assessment of student knowledge and skills.
(A) Of the 500 hours, a minimum of 100 hours of instruction shall address anatomy and physiology, contraindications, health and hygiene, and business and ethics.
(B) All of the 500 hours shall be from approved schools. schools, except that the council shall accept any and all hours earned by an applicant for certification as a massage therapist if those hours were earned from a school that was not approved by the council prior to July 1, 2016.
(3) The applicant has passed a massage and bodywork competency assessment examination that meets generally recognized psychometric principles and standards and that is approved by the council. The successful completion of this examination may have been accomplished before the date the council is authorized by this chapter to begin issuing certificates.
(4) The applicant has successfully passed a background investigation pursuant to Section 4606, and has not violated any of the provisions of this chapter.
(5) All fees required by the council have been paid.
(6) The council may issue a certificate to an applicant who meets the qualifications of this chapter if he or she holds a current and valid registration, certification, or license from any other state whose licensure requirements meet or exceed those defined within this chapter. If an applicant has received education at a school that is not approved by the council, the council shall have the discretion to give credit for comparable academic work completed by an applicant in a program outside of California.
(b) A certificate issued pursuant to this chapter and any identification card issued by the council shall be surrendered to the council by any certificate holder whose certificate is suspended or revoked.
(c) An applicant shall apply for certification within five years of completing the educational requirements described in paragraph (2) of subdivision (a).
(a)Notwithstanding any other law, the board may revoke, suspend, or deny, at any 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 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.