Current through Register 2024 Notice Reg. No. 38, September 20, 2024
It is the policy of the bureau that information regarding
licenses, administrative actions and complaints shall be made available,
pursuant to the California Public Records Act (Chapter 3.5 of Division 7 of
Title 1 of the Government Code, commencing with Section 6250) to any person who
requests that information. The following provisions implement departmental
policy within the bureau by establishing an information system designed to
provide individual members of the public with information about bureau
registrants and licensees. Information subject to public disclosure shall be
provided to members of the public, upon request, by telephone, in person, or in
writing (including fax or e-mail). The information, when feasible and to the
extent required or permitted by law, shall be made available by the bureau in
writing. Requests for information shall be responded to within ten (10)
days.
(a) The bureau will disclose the
following information, as applicable, regarding past and current registrants or
licensees:
(1) The name of the registrant or
licensee, as it appears in the bureau's records, including all fictitious or
business names shown therein.
(2)
The registration or license number.
(3) The address of record.
(4) The date of original registration or
licensure.
(5) The current status
of the registration or license.
(6)
The date the registration or license will expire, or has expired, and, if
applicable, the date the registration or license was suspended, revoked,
cancelled or otherwise terminated.
(b) The bureau will disclose the following
information regarding administrative action taken by the bureau against
registrants or licensees:
(1) The total number
of administrative actions taken.
(2) A brief summary of the violations alleged
in the administrative actions.
(3)
The current status of pending administrative actions, if any. Disclosure of
pending actions shall contain a disclaimer stating that the pending
administrative action(s) against the registrant(s) or licensee(s) is/are
alleged and no final legal determination has yet been made. Further disclaimers
or cautionary statements regarding pending actions may also be made.
(4) The final disposition, if any, of the
administrative actions, including any discipline or penalty imposed. Citations
that have been satisfactorily resolved shall be disclosed as such.
(5) Any additional information that is
statutorily mandated to be disclosed.
(c)
(1) The
bureau will disclose complaint information when the Chief, or the Chief's
designee, has determined that any of the following conditions have been met:
(A) The complaint information has a direct
and immediate relationship to the health and safety of another
person.
(B) The complaint involves
a dangerous act or condition caused by the subject of the complaint that has or
could result in death, bodily injury or severe consequences and disclosure may
protect the consumer and/or prevent additional harm to the public.
(C) A series of complaints against a
registrant or licensee has been received by the bureau, alleging a pattern of
unlawful activity, and it has been determined that disclosure may help to
protect the consumer and/or prevent additional harm to the public.
(D) The complaint has resulted in the
issuance of a citation by the bureau.
(E) The allegations in the complaint are part
of an administrative action that has been referred to the Attorney General for
filing of an Accusation or Statement of Issues.
(F) The complaint has been referred to a law
enforcement agency for prosecution.
(2) The bureau will not provide copies of
actual complaints and no personal information will be disclosed. Information
about a complaint will not be disclosed if it is determined by the Chief or the
Chief's designee, that any of the following apply:
(A) Disclosure is prohibited by statute or
regulation.
(B) Disclosure might
compromise any investigation or prosecution.
(C) Disclosure might endanger or injure the
complainant or a third party.
(3) When the conditions for disclosure listed
in paragraph (1) of this subsection have been met, and none of the conditions
listed in paragraph (2) are found to be applicable, the bureau will disclose
the following information regarding complaints received against registrants or
licensees:
(A) The total number of complaints
that meet the conditions for disclosure.
(B) The date of receipt and the nature of
each disclosable complaint.
(C) The
disposition of each disclosable complaint, indicating whether the matter has
been:
1. referred for administrative
action;
2. disposed of through any
other action, formal or informal; or
3. resolved by other
disposition.
(D)
Information that is statutorily mandated to be disclosed.
(E) A description of the type of public
information not included (i.e., civil judgements, criminal convictions,
unsubstantiated complaints).
(4) All disclosures of complaint information
shall include disclaimers indicating that the disclosure does not constitute
endorsement or non-endorsement of the registrant or licensee, and that not all
available information may be included.
(d) For the purposes of this section,
"administrative action" shall mean an Accusation or Statement of Issues filed
by the bureau, or a Citation issued by the bureau.
1. New
section filed 6-5-81; effective thirtieth day thereafter (Register 81, No.
23).
2. Amendment of section heading, repealer and new section and
amendment of NOTE filed 6-20-2007; operative 7-20-2007 (Register 2007, No.
25).
Note: Authority cited: Section
9882,
Business and Professions Code; and Sections
6253 and
6253.4,
Government Code. Reference: Sections
27,
129
and
9882,
Business and Professions Code; and Sections
6253,
6253.1 and
6254,
Government Code.
