Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Conditions of staying an order which
suspends or revokes a license or specialty certificate on any of the grounds
for disciplinary action specified in Section
778,
Public Resources Code, shall require:
(1)
Respondent to submit to the Board, not later than thirty (30) days after the
decision becomes effective, a complete list of all business and/or client
names, addresses, and phone numbers with whom a current contractual or
employment relationship exists. Furthermore, respondent shall notify the Board
within ten (10) days of any new contractual or employment relationships over
the duration of the stayed order. This information may be used to aid the Board
in monitoring the performance of respondent over the period of the stayed
order.
(2) Board to notify each
business and/or client name submitted, or at its option require respondent to
notify with Board approved language and proof of notification, of the
offense(s), findings and discipline imposed.
(b) The Board shall provide public notice of
disciplinary actions. The Board shall comply with the following standards when
providing public notice:
(1) When the RPF or
Certified Specialist is exonerated, their name and the specifics of the cases
will not be made public. A summary of the case will be noticed in "Licensing
News", and will include the following:
(A)
Case number.
(B) Allegation: citing
possible cause(s) of action under
14 CCR
§
1612.1.
(C) Authority: citations of applicable
statutory and regulatory sections.
(D) Action: announcement of the exoneration
and a general summary of the facts of the case.
(2) When disciplinary action results in the
issuance of a PFEC Letter of Concern or Private Board Reprimand, the name of
the RPF or Certified Specialist and license or specialty certificate number and
specifics of the case will not be made public. A summary of the case will be
noticed in "Licensing News", and will include the following:
(A) Case number.
(B) Allegation: citing possible cause(s) of
action under
14 CCR
§
1612.1.
(C) Authority: citations of applicable
statutory and regulatory sections.
(D) Action: announcement of the disciplinary
action taken and a general summary of the facts of the
case.
(3) When
disciplinary action results in license or specialty certificate suspension or
revocation, the name of the RPF or Certified Specialist and the specifics of
the case will be made public. A summary of the case will be noticed in the
"Daily Recorder", "Licensing News", the meeting minutes of the Board, and
announced in open session of the Board meeting at which the discipline was
approved. These notices will include the following:
(A) Case number.
(B) Name and license number of RPF or
Certified Specialist.
(C) City of
business at the time of notice.
(D)
Allegation: citing possible cause(s) of action under
14 CCR
§
1612.1.
(E) Authority: citations of applicable
statutory and regulatory sections.
(F) Action: announcement of the disciplinary
action taken and a specific summary of the facts of the
case.
(4) The information
summarized in "Licensing News" under (b)(1), (b)(2), and (b)(3) above shall be
available upon request to the public.
(c) The Board may provide notice to the news
media of disciplinary actions. The Board shall comply with the following
standards when providing notice to the media.
(1) Media releases shall occur in all
instances when disciplinary action results in the following:
(A) Suspension or revocation based on any of
the following cause(s):
(i) Conviction of a
felony as defined in Section
778(a) and
governed by Section
778.5
of the Public Resources Code.
(ii)
Fraud.
(iii) Deceit.
(iv) Gross negligence.
(v) Incompetence.
(B) The PFEC has recommended revocation or a
suspension greater than 30 days for any cause under
14 CCR
§
1612.1.
(2) The media release shall be approved by
the by the Board, and shall contain all information cited in subsection
(b)(3).
(3) The media release shall
be submitted to a newspaper of general circulation in the county(ies) where the
infraction(s) occurred.
1. New
section filed 7-13-87; operative 7-13-87 (Register 87, No. 29).
2.
Amendment of section and NOTE filed 7-25-2000; operative 8-24-2000 (Register
2000, No. 30).
3. Amendment of subsections (a), (b)(1), (b)(2),
(b)(3) and (3)(B) and (c)(1)(A)(i)-(v) filed 2-28-2020; operative 4-1-2020
(Register 2020, No. 9).
Note: Authority cited: Sections
708,
751,
759,
777
and
778,
Public Resources Code. Reference: Sections
708,
730,
751,
759,
775,
776,
777
and
778,
Public Resources Code.
