Title BPC — California Bus. & Prof. Code

The proceedings under this article shall be conducted in accordance with Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board …

The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members of the board vote in favor of such reissuance for reasons the board deems sufficient.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a registered professional engineer is deemed to be a conviction within the meaning of this article. The board may …

(a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the following minimum periods have elapsed from the effective date of the decision ordering the disciplinary action, or if t…

The board shall have the power, duty, and authority to investigate violations of the provisions of this chapter.

It is the duty of the respective members of the legal system to prosecute all persons charged with the violation of any of the provisions of this chapter. It is the duty of the executive officer of the board, under the direction of the board, to aid these officers in the enforcem…

A person who does any of the following is guilty of a misdemeanor: (a) Unless the person is exempt from licensure under this chapter, practices or offers to practice civil, electrical, or mechanical engineering in this state according to this chapter without legal authorization. …

Any person who violates any provision of subdivisions (a) to (j), inclusive, of Section 6787 in connection with the offer or performance of engineering services for the repair of damage to a residential or nonresidential structure caused by a disaster for which a state of emergen…

(a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Professional Engineers Act to the board. (b) This section shall not be construed…

Certificates of registration as a professional engineer, and certificates of authority, shall be valid for a period of two years from the assigned date of renewal. Biennial renewals shall be staggered on a quarterly basis. To renew an unexpired certificate, the certificate holder…

(a) At the time of renewal specified in Section 6795 or 6796, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days…

Except as otherwise provided in this article, certificates of registration as a professional engineer and certificates of authority may be renewed at any time within five years after expiration on filing of application for renewal on a form prescribed by the board and payment of …

A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, o…

A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the r…

(a) Certificates of registration as a professional engineer, and certificates of authority to use the title “structural engineer,” “soil engineer,” or “consulting engineer” that are not renewed within five years after expiration shall not be renewed, restored, reinstated, or reis…

Once an expired or delinquent certificate of registration or certificate of authority is renewed pursuant to Section 6796, all of the following shall apply: (a) The board shall continue to have full jurisdiction and authority over the certificate holder as if the authority had no…

(a) The department shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional …

The board may make refunds of all fees in accordance with Section 158 of this code.

(a) The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule: (1) The fee for filing each application for licensure as a professional engineer and each application for authority level designation at not more than four…

The Legislature hereby finds and declares all of the following: (a) The resolution of many disputes can be unnecessarily costly, time-consuming, and complex when achieved through formal court proceedings where the parties are adversaries and are subjected to formalized procedures…

It is the intent of the Legislature to permit counties to accomplish all of the following: (a) Encouragement and support of the development and use of alternative dispute resolution techniques. (b) Encouragement and support of community participation in the development, administr…

As used in this chapter: (a) “Dispute resolution” includes, but is not limited to, mediation, conciliation, and arbitration. (b) “Program” means an entity that provides dispute resolution. (c) “Advisory Council” means the Dispute Resolution Advisory Council.

(a) There is in the Division of Consumer Services of the Department of Consumer Affairs a Dispute Resolution Advisory Council. The advisory council shall complete the duties required by this chapter no later than January 1, 1989. (b) The advisory council shall consist of seven pe…

(a) A program funded pursuant to this chapter shall be operated pursuant to contract with the county and shall comply with all of the requirements of this chapter and the rules and regulations of the advisory council. (b) Counties may establish a program of grants to public entit…

A program shall not be eligible for funding under this chapter unless it meets all of the following requirements: (a) Compliance with this chapter and the applicable rules and regulations of the advisory council. (b) Provision of neutral persons adequately trained in conflict res…

Programs funded pursuant to this chapter shall provide persons indicating an intention to utilize the dispute resolution process with a written statement prior to the dispute resolution proceeding, in language easy to read and understand, stating all of the following: (a) The nat…

(a) An agreement resolving a dispute entered into with the assistance of a program shall not be enforceable in a court nor shall it be admissible as evidence in any judicial or administrative proceeding, unless the consent of the parties or the agreement includes a provision that…

Notwithstanding the express application of Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code to mediations, all proceedings conducted by a program funded pursuant to this chapter, including, but not limited to, arbitrations and conciliations, are subject…

Each program shall maintain those statistical records required by Section 471.5, and as may be required by the county. The records shall maintain the confidentiality and anonymity of the parties.

(a) Unless the parties have agreed to a binding award, nothing in this chapter shall be construed to prohibit any person who voluntarily enters the dispute resolution process from revoking his or her consent, withdrawing from dispute resolution, and seeking judicial or administra…

All funds available to a county for the purposes of this chapter shall be utilized for projects proposed by eligible programs.

Programs shall be selected for funding by a county from the applications submitted therefor.

Applications submitted for funding shall include, but need not be limited to, all of the following information: (a) Evidence of compliance with Sections 467.2, 467.3, and 467.4. (b) A description of the proposed community area of service, cost of the principal components of opera…

Data supplied by each applicant shall be used to assign relative funding priority on the basis of criteria developed by the advisory council. The criteria may include, but shall not be limited to, all of the following, in addition to the criteria set forth in Section 468.2: (a) U…

Upon the approval of the county, funds available for the purposes of this chapter shall be used for the costs of operation of approved programs. Not more than 10 percent of funds available for the purposes of this chapter shall be used to finance the administration of the program…

A county may accept and disburse funds from any public or private source for the purposes of this chapter.

(a) A grant recipient may accept funds from any public or private source for the purposes of this chapter. (b) A county and its representatives may inspect, examine, and audit the fiscal affairs of the programs and the projects funded under this chapter. (c) Programs shall, whene…

A county’s share of the funding pursuant to this chapter shall not exceed 50 percent of the approved estimated cost of the program.

(a) On and after January 1, 2006, as described in Section 68085.1 of the Government Code, the Administrative Office of the Courts shall make monthly distributions from superior court filing fees for the support of dispute resolution programs under this chapter in each county that…

A county may carry over moneys received from distributions under Section 470.5 and from the fees for the support of dispute resolution programs authorized by this chapter that were added to fees for filing a first paper in a civil action in superior court under the laws in effect…

(a) The advisory council shall adopt rules and regulations to effectuate the purposes of this chapter, including, but not limited to, guidelines to be used by the programs for the recruitment and training of persons conducting dispute resolution, and provisions for periodic monit…

The rules and regulations adopted by the advisory council pursuant to Section 471 shall be formulated to promote statewide uniformity with the guidelines contained in those rules and regulations.

Each program funded pursuant to this chapter shall annually provide the county with statistical data regarding its operating budget; the number of referrals, categories, or types of cases referred to the program; the number of persons served by the program; the number of disputes…

No person purchasing wool from a producer shall make a specific deduction for tags, fribs, crutchings or other off-wools, either on a basis of the percentage of the weight or percentage of the value of the wool. Any provision in a contract to purchase wool from a producer, provid…

As used in this article “cotton” includes raw cotton, cotton linters, and cotton batting. Notwithstanding any other provision of this code or any other law, cotton may be sold by gross weight so that the purchaser pays a like price for the cotton and the burlap, paper, or other m…

As used in this article: (a) “Person” means an individual, firm, partnership, association, limited liability company, or corporation engaged in the business of selling watches. (b) “Consumer” means an individual, firm, partnership, association or corporation who buys for his or h…

Except as provided in this article “secondhand watch” means any of the following: (a) A watch which, as a whole, or the case thereof, or the movement thereof, has been sold to a consumer. (b) Any watch whose case or movement, serial numbers or other distinguishing numbers or iden…

A watch which is returned to the same person who sold the watch to the consumer, either through an exchange or for credit, within one year from the date of the original sale, if such seller keeps a written record of such sales, is not subject to the provisions of this article, un…

The written record referred to in this article shall contain all of the following information: (a) The name and address of the consumer. (b) The date of the sale to the consumer. (c) The name of the watch or its maker. (d) The serial number of the watch, if any, on its case or mo…

The written record referred to in this article shall be kept for at least three years from the date of the original sale of the watch. Such record shall be open for inspection during all business hours by the district attorney or his representative, of the county in which the ven…