| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1756Introduced by Assembly Member SmithFebruary 02, 2022 An act to amend Section 312.2 of the Business and Professions Code, relating to consumer affairs. LEGISLATIVE COUNSEL'S DIGESTAB 1756, as introduced, Smith. Department of Consumer Affairs.Existing law provides for the licensure and regulation of various professions and vocations by boards, as defined, within the Department of Consumer Affairs. Existing law requires the department to receive specified complaints from consumers and to transmit any valid complaint to the local, state, or federal agency whose authority provides the most effective means to secure relief. Existing law requires the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department.This bill would make a nonsubstantive change to that provision.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 312.2 of the Business and Professions Code is amended to read:312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:(1) The number of accusation matters referred to the Attorney General.(2) The number of accusation matters rejected for filing by the Attorney General.(3) The number of accusation matters for which further investigation was requested by the Attorney General.(4) The number of accusation matters for which further investigation was received by the Attorney General.(5) The number of accusations filed by each constituent entity.(6) The number of accusations a constituent entity withdraws.(7) The number of accusation matters adjudicated by the Attorney General.(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.(6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1756Introduced by Assembly Member SmithFebruary 02, 2022 An act to amend Section 312.2 of the Business and Professions Code, relating to consumer affairs. LEGISLATIVE COUNSEL'S DIGESTAB 1756, as introduced, Smith. Department of Consumer Affairs.Existing law provides for the licensure and regulation of various professions and vocations by boards, as defined, within the Department of Consumer Affairs. Existing law requires the department to receive specified complaints from consumers and to transmit any valid complaint to the local, state, or federal agency whose authority provides the most effective means to secure relief. Existing law requires the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 1756 |
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| 15 | 15 | | Introduced by Assembly Member SmithFebruary 02, 2022 |
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| 17 | 17 | | Introduced by Assembly Member Smith |
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| 18 | 18 | | February 02, 2022 |
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| 20 | 20 | | An act to amend Section 312.2 of the Business and Professions Code, relating to consumer affairs. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 1756, as introduced, Smith. Department of Consumer Affairs. |
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| 28 | 28 | | Existing law provides for the licensure and regulation of various professions and vocations by boards, as defined, within the Department of Consumer Affairs. Existing law requires the department to receive specified complaints from consumers and to transmit any valid complaint to the local, state, or federal agency whose authority provides the most effective means to secure relief. Existing law requires the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department.This bill would make a nonsubstantive change to that provision. |
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| 30 | 30 | | Existing law provides for the licensure and regulation of various professions and vocations by boards, as defined, within the Department of Consumer Affairs. Existing law requires the department to receive specified complaints from consumers and to transmit any valid complaint to the local, state, or federal agency whose authority provides the most effective means to secure relief. Existing law requires the Attorney General to submit a report to the department, the Governor, and the appropriate policy committees of the Legislature, on or before January 1, 2018, and on or before January 1 of each subsequent year, that includes specified information regarding the actions taken by the Attorney General pertaining to accusation matters relating to consumer complaints against a person whose profession or vocation is licensed by an agency within the department. |
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| 32 | 32 | | This bill would make a nonsubstantive change to that provision. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 312.2 of the Business and Professions Code is amended to read:312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:(1) The number of accusation matters referred to the Attorney General.(2) The number of accusation matters rejected for filing by the Attorney General.(3) The number of accusation matters for which further investigation was requested by the Attorney General.(4) The number of accusation matters for which further investigation was received by the Attorney General.(5) The number of accusations filed by each constituent entity.(6) The number of accusations a constituent entity withdraws.(7) The number of accusation matters adjudicated by the Attorney General.(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.(6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 312.2 of the Business and Professions Code is amended to read:312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:(1) The number of accusation matters referred to the Attorney General.(2) The number of accusation matters rejected for filing by the Attorney General.(3) The number of accusation matters for which further investigation was requested by the Attorney General.(4) The number of accusation matters for which further investigation was received by the Attorney General.(5) The number of accusations filed by each constituent entity.(6) The number of accusations a constituent entity withdraws.(7) The number of accusation matters adjudicated by the Attorney General.(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.(6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 46 | 46 | | SECTION 1. Section 312.2 of the Business and Professions Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:(1) The number of accusation matters referred to the Attorney General.(2) The number of accusation matters rejected for filing by the Attorney General.(3) The number of accusation matters for which further investigation was requested by the Attorney General.(4) The number of accusation matters for which further investigation was received by the Attorney General.(5) The number of accusations filed by each constituent entity.(6) The number of accusations a constituent entity withdraws.(7) The number of accusation matters adjudicated by the Attorney General.(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.(6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 52 | 52 | | 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:(1) The number of accusation matters referred to the Attorney General.(2) The number of accusation matters rejected for filing by the Attorney General.(3) The number of accusation matters for which further investigation was requested by the Attorney General.(4) The number of accusation matters for which further investigation was received by the Attorney General.(5) The number of accusations filed by each constituent entity.(6) The number of accusations a constituent entity withdraws.(7) The number of accusation matters adjudicated by the Attorney General.(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.(6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 54 | 54 | | 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General:(1) The number of accusation matters referred to the Attorney General.(2) The number of accusation matters rejected for filing by the Attorney General.(3) The number of accusation matters for which further investigation was requested by the Attorney General.(4) The number of accusation matters for which further investigation was received by the Attorney General.(5) The number of accusations filed by each constituent entity.(6) The number of accusations a constituent entity withdraws.(7) The number of accusation matters adjudicated by the Attorney General.(b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section:(1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity.(2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation.(3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity.(4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity.(5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings.(6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing.(c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 58 | 58 | | 312.2. (a) The Attorney General shall submit a report to the department, the Governor, and the appropriate policy committees of the Legislature on or before January 1, 2018, and on or before January 1 of each subsequent year that includes, at a minimum, all of the following for the previous fiscal year for each constituent entity within the department represented by the Licensing Section and Health Quality Enforcement Section of the Office of the Attorney General: |
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| 60 | 60 | | (1) The number of accusation matters referred to the Attorney General. |
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| 62 | 62 | | (2) The number of accusation matters rejected for filing by the Attorney General. |
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| 64 | 64 | | (3) The number of accusation matters for which further investigation was requested by the Attorney General. |
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| 66 | 66 | | (4) The number of accusation matters for which further investigation was received by the Attorney General. |
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| 68 | 68 | | (5) The number of accusations filed by each constituent entity. |
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| 70 | 70 | | (6) The number of accusations a constituent entity withdraws. |
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| 72 | 72 | | (7) The number of accusation matters adjudicated by the Attorney General. |
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| 74 | 74 | | (b) The Attorney General shall also report all of the following for accusation matters adjudicated within the previous fiscal year for each constituent entity of the department represented by the Licensing Section and Health Quality Enforcement Section: |
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| 76 | 76 | | (1) The average number of days from the Attorney General receiving an accusation referral to when an accusation is filed by the constituent entity. |
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| 78 | 78 | | (2) The average number of days to prepare an accusation for a case that is rereferred to the Attorney General after further investigation is received by the Attorney General from a constituent entity or the Division of Investigation. |
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| 80 | 80 | | (3) The average number of days from an agency filing an accusation to the Attorney General transmitting a stipulated settlement to the constituent entity. |
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| 82 | 82 | | (4) The average number of days from an agency filing an accusation to the Attorney General transmitting a default decision to the constituent entity. |
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| 84 | 84 | | (5) The average number of days from an agency filing an accusation to the Attorney General requesting a hearing date from the Office of Administrative Hearings. |
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| 86 | 86 | | (6) The average number of days from the Attorney Generals receipt of a hearing date from the Office of Administrative Hearings to the commencement of a the hearing. |
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| 88 | 88 | | (c) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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