California Administrative Code

(a) Printing privileges may be granted at the discretion of each System Administrator. Users shall demonstrate a compelling need to export or print database information before print privileges are extended. For example, a User who wants to generate a photo lineup to display to a …

(a) Information on a person or organization shall be excluded from a shared gang database if the information is collected merely on the basis: (1) Of race, gender, age, or ethnic background. (2) Of religious or political affiliations or beliefs. (3) Of personal habits or predilec…

(a) The Department is responsible for overseeing system discipline and conformity with these regulations. If a User or User Agency violates any law governing shared gang databases, including these regulations, the Department shall take, or instruct the System Administrator to tak…

(a) Except where a permit is not required as specified under Health and Safety Code section 11106(a), an application form must be submitted by any manufacturer, wholesaler, retailer, or any other person or entity in this state that sells, transfers, furnishes or obtains from outs…

Any act by any employee or other individual on behalf of the permitted individual or company which constitutes a violation of Chapter 3 of Division 10 of the Health and Safety Code shall constitute grounds for revocation or denial of the permit.

(a) Within 30 days after the date of receipt of an application, the Department shall either inform the applicant, in writing, that the application is complete and accepted for filing, or return the application as deficient and specify what information is required. Within 180 days…

(a) A citation shall be served either personally or by certified mail, return receipt requested, to the permittee's address. Upon the date of personal service or upon the date of receipt of certified mail, the citation shall be considered to have been issued and service shall be …

(a) A cited permittee who desires a hearing to contest the finding of the violation or the order of abatement or fine assessment may request the hearing by written notice to the Department within 30 days of the date of issuance of the citation or assessment. This hearing will be …

(a) A Non-DEA Practitioner may register for access to CURES. (b) If an individual who is registered for access to CURES as a Non-DEA Practitioner is no longer eligible for access to CURES under this section, the individual must not access CURES.

(a) “Non-DEA Practitioner Registration Application,” when used in this section, means the Web-form application developed by the Department, under Health and Safety Code section 11165.1, subdivision (a)(1)(A)(iii), for a Non-DEA Practitioner to obtain approval to electronically ac…

(a) Subject to the requirements of section 824.2, subdivision (a), an individual to whom authority is delegated by an Authorizing User may access data in CURES as a Delegate for that Authorizing User if the individual to whom authority is delegated qualifies as at least one of th…

(a) “Delegate Registration Application,” when used in this section, means the Web-form application developed by the Department, under Health and Safety Code section 11165.1, for a Delegate to obtain approval to electronically access CURES. (b) An applicant must electronically sub…

(a) A Delegate-User may access the Web-Based Application. (b) A Compliant Password may be changed in the Web-Based Application. A Delegate-User must create a Compliant Password every 90 days. (c) Procedure to Complete an Annual Renewal. (1) An Annual Renewal may be completed in t…

(a) An Interstate-User is eligible to request data from CURES through that Interstate-User's PDMP if all of the following requirements are met: (1) The Interstate-User's PDMP has entered into a memorandum of understanding with the Department for interstate sharing of data from CU…

(a) A public or private entity is eligible to obtain data from CURES, subject to the limitations specified in section 828.2. (b) A Bona Fide Researcher is eligible to obtain data from CURES.

(a) An individual may obtain that individual's prescription history information retained in CURES from CURES PDMP. (b) In accordance with subdivisions (b)(1) and (b)(2), an authorized personal representative, on behalf of an individual, may obtain that individual's prescription h…

(a) In accordance with Health and Safety Code section 11165.1, subdivision (a)(1)(E)(i), an entity that operates a HIT System is prohibited from using or disclosing data from CURES received through the Information Exchange Web Service for any purpose other than delivering the dat…

If child abuse is suspected to have occurred in an out-of-home care facility, and the report is not initially determined to be unfounded, theinvestigating agency shall, or in the case of a state funded resource and referral agency, the Department of Social Services shall, without…

If child abuse is suspected to have occurred in an out-of-home care facility, all agencies and persons listed below shall be notified in writing by the investigating agency of the results of the investigation, any action taken, whether the action be formal or informal, and the fi…

(a) Law enforcement, county probation, county welfare, and licensing agencies shall ensure that the investigation of child abuse in an out-of-home care facility is carried out in an unbiased and impartial manner. (b) An individual child protective service worker or official who a…

(a) The Department shall perform year-round audits of selected counties to authenticate each county's reported workload activities. (b) By November 15 of each year, the Department shall calculate and publish the current fiscal year statewide annual county subvention allocations o…

(a) Notwithstanding the previous placement of a Brand Style on the UTL, the Attorney General shall initiate removal of a Brand Style from the UTL if the Attorney General determines the Brand Style has a Characterizing Flavor. (b) The Attorney General shall initiate removal from t…

The provisions of these regulations apply to the issuance and renewal of permits to conduct a check cashing business pursuant to Civil Code section 1789.37.

(a) “Check Casher Law” refers to title 1.6F of the Civil Code. (b) “Department” means the Department of Justice of the State of California. (c) “Mobile unit” means a vehicle or other movable means from which the business of cashing checks is conducted. (d) “Permit” refers to both…

No person shall conduct a check cashing business in the State of California unless they have been granted a permit by the Department.

(a) Each application for a permit shall be accompanied by the appropriate fee as follows: (1) Initial Application: (A) Processing fee of $50 for each business location, and (B) Fingerprint card processing fee of $32 for each individual. (2) Renewal Application: Processing fee of …

(a) The following time standards apply to the processing of applications for issuance or renewal of a permit: (1) Within 30 days after the date of receipt of an initial or renewal application, the Department shall either inform the applicant in writing that the application is com…

This chapter shall be known as the “Department of Justice Regulations for the Certification of Non-Exempted Individuals Who Take Fingerprint Impressions,” may be cited as such and will be referred to herein as “these regulations.”

The DOJ shall notify the person requesting the hearing of the time and place of the hearing. Failure of the person requesting the hearing to appear at the hearing shall be deemed a withdrawal of the request for the hearing and the action of the DOJ shall be final.

(a) Oral evidence shall be taken only on oath or affirmation. (b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the dire…

(a) Scope. This section shall apply to the method of collection and disbursement of fines pursuant to Penal Code Section 1463.14 to be used exclusively to pay for the cost of performing for the county, or a city within the county, analysis of blood, breath or urine for alcohol co…

(a) Scope. This section shall apply to how the laboratory may determine what services it will provide and its costs for providing such services. (b) Implementation. The county and the licensed forensic alcohol laboratory, or laboratories, with which it enters into an agreement fo…

(a) Scope and Purpose The purpose of these regulations is to implement California's Reserve Fund Statute (codified at Health and Safety Code sections 104555, 104556 and 104557) by providing Tobacco Product Manufacturers clear definitions, instructions, guidance and forms to compl…

The following definitions apply to this chapter: (a) “Article field descriptor,” as used in this chapter and Business and Professions Code section 21628, subdivision (a)(1)(B), means the preset descriptive categories denoting tangible personal property developed by the Department…

(a) All ERDS shall contain a payload structure. An ERDS payload structure does not restrict the content within a digital and/or digitized record. A County Recorder shall list any restrictions on content in each contract with an Authorized Submitter. At a minimum, the ERDS payload…

A digital or digitized record delivered through an ERDS shall be capable of including Uniform Index Information in the ERDS payload. The County Recorder shall decide on the content of Uniform Index Information.

(a) All ERDS shall assure submitted documents do not contain content that draws data or images from sources external to the digital and/or digitized record, including, but not limited to malware (such as viruses, worms, Trojan Horses, spyware, or adware) and executable software (…

(a) The County Recorder shall ensure that all endpoints are secure. As such, workstations used to submit, retrieve, or, when applicable, return ERDS payloads are protected from unauthorized use and access. As a minimum, workstations shall meet all of the following requirements: (…

(a) Introduction; grounds The Reserve Fund Statute authorizes the release of funds from Qualified Escrow Fund Principal only under certain circumstances. Section 104557(b) authorizes the release of funds from escrow to the extent that an NPM “establishes that the amount it was re…

(a) With the exception of a county data center or an outsourced county data center in which physical access is already managed by security controls, including fingerprinting, the site housing the ERDS server shall be protected from unauthorized physical access. The server shall b…

(a) Auditable ERDS events shall be logged for purposes of audit, local inspection and review, incident response, and reporting. Auditable events may be logged using automated or manual processes. Logs shall be safely stored and maintained in a manner that ensures their availabili…

(a) Neither the Attorney General nor the state shall be responsible for the fees claimed by the Certified Vendor of ERDS Software, the County Recorder, or the escrow company to establish the escrow contract. (b) Neither the Attorney General nor the state is a party to the escrow …

(a) A County Recorder may establish an ERDS upon approval by the Board of Supervisors and system certification by the ERDS Program. (b) A County Recorder establishing an ERDS shall include in the County's ERDS a secure method for accepting for delivery, and, when applicable, retu…

(a) A County Recorder may apply for the initial certification of an ERDS as either a Single-County or Multi-County ERDS and, when applicable, return function via an ERDS. (b) An ERDS may not be implemented prior to receiving a System Certificate of Operation from the ERDS Program…

(a) The certificate of approval issued by the ERDS program to a Computer Security Auditor shall be renewed prior to expiration in order to remain valid. The applicant for renewal shall submit to the ERDS Program all of the following: (1) An Application for Computer Security Audit…

(a) A Vendor of ERDS Software Certificate shall be renewed prior to expiration in order to remain valid. The certificate holder shall submit: (1) An Application for Certified Vendor of ERDS Software Certification form #ERDS 0003 indicating renewal. (2) A check or money order for …

(a) Every non-resident or foreign NPM that has not registered to do business in California must appoint and continuously engage the services of a California registered agent to receive service of process on behalf of the NPM and submit proof of the appointment and availability of…

(a) A Vendor of ERDS Software choosing to withdraw their certification shall submit the following: (1) An Application for Withdrawal form #ERDS 0010 with a date for cease of operation/service signed and dated declaring under penalty of perjury under the laws of the State of Calif…

(a) Every manufacturer and every importer of Cigarettes for sale in California must either waive any sovereign immunity defense to enforcement by the Attorney General or CDTFA of Division 8.6 (commencing with section 22970) of the Business and Professions Code, sections 104555 to…

(a) Funds subject to an impound condition shall be placed in a separate escrow account with an approved depositary, which normally shall be a national bank located in California or a California bank. The Commissioner may permit the use of any national bank or foreign state-charte…