DEPARTMENT OF CONSUMER AFFAIRS



DEPARTMENT OF CONSUMER AFFAIRS BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY

REQUEST FOR APPROVAL OF REGULATIONS

|Promulgating Agency: |Contact Person: |Phone Number: |

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|Board/Bureau Name |Same as on Std. Form 400, Notice |(area code) xxx-xxxx |

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|Subject: |

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|Same as on Std. Form 400 and Initial Statement of Reasons |

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|Regulatory Action: |California Code of Regulations: |

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| |Title: _16 or 4_ Section(s): _xxxx or (see below)_ |

|__X__Adoption __X__Amendment __X__Repeal | |

| |Adopt: |

| |Amend: |

| |Repeal: |

|Emergency Regulations: ___X___No ______Yes (if yes, explain the nature of the emergency): |

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|Statutory Authority for Action: |

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|Code section ____________Business & Professions Code Sections XXXX and XXXX_____________ |

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|Bill Number __SB XXX__ Author ____XXXX_____ Year_____XXXX_______ Chapter No. ____XXX____ |

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|Fiscal Impact Statement (DOF Form 399) |

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|___X___Yes Fiscal Impact ______No Fiscal Impact |

|(Attach Form 399) (Attach Form 399) |

|Department: |Date |Agency: |Date |

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| | |SCSA Secretary Signature Only | |

|DCA Director Signature Only | | | |

REQUEST FOR APPROVAL OF REGULATIONS BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY

Goals and objectives of the proposed regulations:

The Board/Bureau of ____________ (Board/Bureau) proposes to implement SB XXX to _____________. Add more information.

Summary of existing law and the changes to be made:

Under existing law:

• Business and Professions (B&P) Code § X requires . . .

• B&P Code § XX establishes.

This proposed regulation would:

• Implement SB XXX to _____________________________. More specifically:

o Require . . .

o Remove . . .

o Incorporate by reference . . .

Summary of the public policy involved:

Agency would like to know why this regulation is important – why is it being done. The public policy is mostly based on public protection (see next paragraph). Since this policy is a standard, Agency wants to know more about why a regulation is being done – in addition to protection of the public.

Protection of the public is the Board/Bureau’s highest priority in exercising its licensing, regulatory and disciplinary functions. The proposed regulation would allow the Board/Bureau to continue carrying out this mandate through its (licensing, regulatory and/or disciplinary) efforts by ___________________.

Consumer Impact:

Consumers will be better protected when the Board/Bureau is able to _________. The proposed regulations would allow the Board/Bureau to continue protecting the public health, safety and welfare.

Summary of anticipated support or opposition, identifying any received at the hearing:

Support: Board/Bureau anticipates support from __________________________

Opposition: Board/Bureau’s anticipates opposition from _______________________

Various Options

The Board/Bureau did not receive any comments during the 45-day comment period.

The Board received two comments during the 45-day comment period. No changes were made as a result of these comments.

The Board/Bureau received 23 comments during the 45-day comment period and one (1) comment after this period. The comments included, but were not limited to, ethics course, costs, not necessary, over-regulation. No changes to the proposed language were made because of these comments.

The Board/Bureau issued a 15-day Notification of Modified Text to correctly identify two (2) application packages being incorporated by reference. The Board/Bureau did not receive any comments.

The Board/Bureau received two (2) comments in support of the proposed regulations during the 45-day comment period.

The Board/Bureau received five (5) comments with varied concerns during the 45-day comment period (see red tabs). These comments included, but were not limited to, support, unnecessary, create an administrative burden on licensees. No changes were made to the proposed language due to the comments.

If opposition was received, explain the response and reason for proceeding: N/A

Options

No opposition was received.

One comment from Mr. John Doe (Comment #4), who wished to go on record as being opposed to the proposal, stated that he believed a minimum yearly Continuing Education (CE) requirement could prove expensive for licensees.

The Board/Bureau in its response rejected this comment. In part, its response stated it “has no control over the fees CE providers charge for courses, nor the format in which the course is offered. However, the Board has taken steps to broaden the CE options by allowing self-study and webcast courses. In addition, licensees can obtain CE as an instructor or discussion leader, by writing published articles or books, instructional materials for any qualifying CE program, and/or questions for the Uniform Licensee Examination. The wide-variety of available courses gives licensees the flexibility to ‘shop around’ for the most cost effective and appropriate CE for their practice.

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