Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any person ("applicant") seeking Bureau
certification to provide remedial training as authorized by section 9884.7(d)
of the Code shall submit a completed application which includes all of the
following:
(1) The following applicant
identifying information:
(A) Full legal
name;
(B) Applicant's active State
Bar of California license number and expiration date;
(C) Social Security number;
(D) Physical address;
(E) Mailing address;
(F) Telephone number; and
(G) Email address, if
any.
(2) Whether the
applicant is serving or has previously served in the United States
military.
(3) Whether the applicant
is an honorably discharged member of the United States Armed Forces. If the
applicant affirmatively states they meet this criterion, they shall provide the
following documentation along with the application to receive expedited review:
a certificate of release or discharge from active duty (DD-214) or other
documentary evidence showing the date and type of discharge.
(4) Whether the applicant was admitted to the
United States as a refugee, has been granted asylum by the Secretary of
Homeland Security or the Attorney General of the United States, or has a
special immigrant visa (SIV). If the applicant affirmatively states they meet
any of these criteria, they shall provide the applicable documentation below
with the application to receive expedited review:
(A) Form I-94, arrival/departure record, with
an admission class code such as "RE" (refugee) or "AY" (asylee) or other
information designating the person a refugee or asylee;
(B) Special Immigrant Visa that includes the
"SI" or "SQ";
(C) Permanent
Resident Card (Form I-551), commonly known as a "green card," with a category
designation indicating that the person was admitted as a refugee or asylee;
or,
(D) an order from a court of
competent jurisdiction or other documentary evidence that provides reasonable
assurances to the Bureau that the applicant qualifies for expedited licensure
per Section 135.4 of the Code.
(5) Whether the applicant has ever been
convicted of any crime or offense for which a license may be denied pursuant to
section 480 of the Code.
(6)
Applicants are required to disclose convictions under California Health and
Safety Code sections
11357(b), (c), (d),
(e), and section 11360(b) which are less than
two years old.
(7) Whether the
applicant has ever had a license, registration, or certification that was
formally disciplined by a licensing board in or outside of California,
including the Bureau, or any program in the Department of Consumer Affairs
(Department) or the State Bar of California. "Discipline" for purposes of this
section includes reproval, suspension, revocation, probation or any other form
of restriction placed on the license, registration, or certification.
(8) If the applicant answers affirmatively to
any of the items in subdivisions (a)(5) or (a)(7), the applicant shall provide
a written statement explaining the details regarding any criminal conviction or
disciplinary action. For criminal convictions, the statement shall include: the
date and place of arrest, name of the court, court case number, code section
violated, brief explanation of the offense, and the sentence imposed. For
discipline, the written statement shall include the date and nature of the
disciplinary action, name and location of the public agency, and the fine or
sentence imposed.
(9) A course
outline and course description for the remedial training course that consists
of, at a minimum, all of the following:
(A)
All of the subjects listed in section
3395.7(a) and the
specific content areas to be taught for each subject. The course description
shall describe:
(i) The subject matter of the
course;
(ii) The remedial education
objectives of the course; and
(iii)
How the course content is designed to meet those educational
objectives.
(B) The
method of instruction for the course offered. Teaching methods for each course
shall describe any lecture, seminar, audiovisual, online interactive, or any
other instruction method.
(C) An
explanation of how the proposed course will measure student participation,
interaction, and attendance, for example, participant attendance reports by
instructors, in-content quizzes, participant polls, real time participant video
requirements, and records of participant log in and log out times. The
explanation shall also include how the applicant will ensure attendance is
recorded accurately.
(10)
A certification by the applicant under penalty of perjury under the laws of the
State of California that all statements made in the application and all
documents provided by the applicant to the Bureau in support of the application
are true and correct.
(b)
The Bureau will notify the applicant in writing within 60 days of the date of
submission whether their application is approved or denied. If denied, the
denial shall include the reasons for the denial, and notification that the
applicant must submit a new application to obtain Bureau certification as a
certified provider. Upon the Bureau's approval, an applicant shall become a
certified provider and be issued a certification if no grounds for denial exist
as provided in section
3395.10. The certification shall
be valid for five years from the date of issuance and shall expire unless
renewed prior to the expiration date of the certification as provided in this
section. After a certificate has expired, the certificate is automatically
cancelled and the provider must apply as a new applicant in accordance with
this section if they seek to again offer remedial training as a Bureau
certified provider.
(c) The
abandonment date for an application that has been returned to the applicant as
incomplete shall be 12 months from the date of returning the application in
accordance with Section 142 of the Code. An applicant who abandons an
application must submit a new application to obtain Bureau certification as a
certified provider.
(d) To renew a
certification, the certified provider shall submit a course outline and course
description as specified in subdivision (a)(9) for Bureau review and approval
at least 60 days prior to their certification expiration date. Bureau approval
of the outline and description is a requirement for renewal of the
certification. The Bureau will notify the certified provider in writing within
60 days of the date of submission whether their renewal is approved or denied.
The denial shall include the reasons for the denial, and an explanation of the
process for appealing or requesting reconsideration in accordance with section
3395.10. A certified provider who
is denied renewal must submit a new application to obtain Bureau certification
as a certified provider.
(e)
Certified providers may voluntarily surrender their certification by notifying
the Bureau in writing of the request and receiving written notice from the
Bureau chief or their designee that the Bureau chief has consented to the
surrender.
(1) A request for consent to
surrender a certification shall include all of the following: their certified
provider name, the Bureau-issued provider certification number, the certified
provider's physical and mailing addresses, and the reason(s) why the certified
provider seeks to surrender their certification. The Bureau chief or their
designee reserves the right to evaluate the certified provider's request and to
exercise their discretion whether or not to grant the request, or to take any
other action deemed appropriate and reasonable under the circumstances,
including initiation or continuance of disciplinary action as authorized by
Section 118 of the Code.
(2) Within 15 days of the date of the Bureau
chief's written notice of consent to the surrender, the certified provider
shall no longer provide remedial training as authorized by this section.
Certified providers who voluntarily surrender their certification shall reapply
as a new applicant in accordance with this section if they seek to offer
remedial training as a Bureau certified provider.
(f) A previously certified provider
("petitioner") shall wait one year from the effective date of a revocation
decision or the denial date of a previous petition to petition for
reinstatement of a certification. A petitioner shall submit to the Bureau chief
or their designee a petition that includes all of the following:
(1) All of the items required in subdivision
(a)(1) through (9) of this section;
(2) Any documents or evidence of
rehabilitation the petitioner would like the Bureau chief to consider as
provided in section
3395; and,
(3) Any written arguments the petitioner
supporting the request for reinstatement.
(g) A certified provider shall notify the
Bureau in writing of any changes to the information submitted to the Bureau
under subdivisions (a)(1)-(2) and (a)(5)-(7) within 60 days of the date of
making any changes, or receiving notice of any change in the case of criminal
conviction or disciplinary matters referenced in subdivisions (a)(5) and
(a)(7).
1. New
section filed 5-31-2023; operative 7-1-2023 (Register 2023, No.
22).
Note: Authority cited: Sections
9882
and
9884.7,
Business and Professions Code. Reference: Sections
30,
31,
114.5,
115.4,
118,
135.4,
142,
163.5,
480,
9882,
9884
and
9884.7,
Business and Professions Code; Section
11522,
Government Code; and Section
11361.5,
Health and Safety Code.
