Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The Board has established and maintains a
public information system to provide members of the public with information
regarding complaints and disciplinary or enforcement actions against
professional geologists, geophysicists and unlicensed persons subject to the
Board's jurisdiction. Such a system also provides the public with information
regarding the license status of the Board's licensees and registrants.
Information subject to the public information system shall be
disclosed to members of the public, upon request, by telephone, in person, or
in writing (including fax or e-mail). Such information, when feasible and to
the extent required or permitted by law, shall be made available by the Board
in writing or by telephone. Requests for information shall be responded to
within 10 days.
(b) The
Board shall disclose the following information regarding past and current
licensees:
(1) The name of the licensee, as
it appears in the Board's records;
(2) The license number;
(3) The address of record;
(4) The license issue date;
(5) The license expiration date;
and
(6) The license status and
history.
(c) Unless
otherwise required by law, the Board shall disclose the following information
regarding disciplinary or enforcement action taken against licensees and
unlicensed persons, if applicable:
(1) Total
number of disciplinary and enforcement actions taken by the Board;
(2) Brief summary of disciplinary and
enforcement actions taken by the Board; citations that have been satisfactorily
resolved shall be disclosed as such;
(3) Current status of pending Accusations,
Statements of Issues, and Citations filed by the Board. Disclosure of pending
actions shall contain a disclaimer stating that any pending administrative
action against the person is alleged and no final legal determination has yet
been made. Further disclaimers or cautionary statements regarding such pending
actions may also be made; and
(4)
Information which is statutorily mandated to be disclosed.
(d) The Board shall disclose complaint
information when the Executive Officer has determined that:
(1) The complaint information has a direct
and immediate relationship to the health and safety of another person;
and
(2) One or more of the
following have occurred:
(A) A complaint
involves a dangerous act or condition caused by the subject of the complaint
that has or could result in a death, bodily injury, or severe consequences, and
disclosure may protect the consumer or prevent additional harm to the
public;
(B) A series of complaints
against a party alleging a pattern of unlawful activity have been received by
the Board and it has been determined that disclosure may protect the consumer
or prevent additional harm to the public;
(C) A complaint has been referred to the
Attorney General for filing of an Accusation or Statement of Issues;
or
(D) A complaint has been
referred to other law enforcement entity for
prosecution.
(e) Complaint information that is determined
to meet the conditions for disclosure listed in subsection (d) shall be
incorporated into the public information system no later than 10 days after the
conditions for disclosure have been met.
(f) Information about a complaint shall not
be disclosed if it is determined by the Executive Officer that any of the
following apply:
(1) Disclosure is prohibited
by statute or regulation;
(2)
Disclosure might compromise an investigation or prosecution; or
(3) Disclosure might endanger or injure the
complainant or third party.
(g) When conditions for disclosure have been
met, the Board shall disclose the following information regarding complaints
received against licensees and unlicensed persons, if applicable:
(1) Total number of complaints meeting
conditions of disclosure;
(2) Date
of receipt and nature of any complaint;
(3) Disposition of each complaint by
indicating whether the matter has been:
(A)
Referred to formal disciplinary action;
(B) Disposed of through any other action,
formal or informal; or
(C) Other
disposition.
(4)
Information which is statutorily mandated to be disclosed;
(5) Current status of criminal prosecution
resulting from a complaint received by the Board;
(6) A description of the type of public
information not included in the system (i.e., civil judgments, criminal
convictions, unsubstantiated complaints); and
(7) Disclaimers indicating that the system
does not constitute endorsement or non-endorsement of a person, and that the
system may not contain all available information.
1. New section
filed 12-2-2005; operative 1-1-2006 (Register 2005, No.
48).
Note: Authority cited: Section
7818,
Business and Professions Code. Reference: Sections
129
and
7819,
Business and Professions Code; and Section
6253,
Government Code.
