SECTIONS 145-149 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 145-149

145. The Legislature finds and declares that:
(a) Unlicensed activity in the professions and vocations regulated
by the Department of Consumer Affairs is a threat to the health,
welfare, and safety of the people of the State of California.
(b) The law enforcement agencies of the state should have
sufficient, effective, and responsible means available to enforce the
licensing laws of the state.
(c) The criminal sanction for unlicensed activity should be swift,
effective, appropriate, and create a strong incentive to obtain a
license.

146. (a) Notwithstanding any other provision of law, a violation of
any code section listed in subdivision (c) is an infraction subject
to the procedures described in Sections 19.6 and 19.7 of the Penal
Code when either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivision (c) if the defendant has had his or
her license, registration, or certificate previously revoked or
suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Sections 2052 and 2054.
(2) Section 2630.
(3) Section 2903.
(4) Section 3660.
(5) Sections 3760 and 3761.
(6) Section 4080.
(7) Section 4825.
(8) Section 4935.
(9) Section 4980.
(10) Section 4996.
(11) Section 5536.
(12) Section 6704.
(13) Section 6980.10.
(14) Section 7317.
(15) Section 7502 or 7592.
(16) Section 7520.
(17) Section 7617 or 7641.
(18) Subdivision (a) of Section 7872.
(19) Section 8016.
(20) Section 8505.
(21) Section 8725.
(22) Section 9681.
(23) Section 9840.
(24) Subdivision (c) of Section 9891.24.
(25) Section 19049.
(d) Notwithstanding any other provision of law, a violation of any
of the sections listed in subdivision (c), which is an infraction,
is punishable by a fine of not less than two hundred fifty dollars
($250) and not more than one thousand dollars ($1,000). No portion of
the minimum fine may be suspended by the court unless as a condition
of that suspension the defendant is required to submit proof of a
current valid license, registration, or certificate for the
profession or vocation which was the basis for his or her conviction.

147. (a) Any employee designated by the director shall have the
authority to issue a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code. Employees so designated are not peace officers and
are not entitled to safety member retirement benefits, as a result of
such designation. The employee's authority is limited to the
issuance of written notices to appear for infraction violations of
provisions of this code and only when the violation is committed in
the presence of the employee.
(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any person, acting pursuant to
subdivision (a) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest which is
lawful or which the person, at the time of such arrest, had
reasonable cause to believe was lawful.

148. Any board, bureau, or commission within the department may, in
addition to the administrative citation system authorized by Section
125.9, also establish, by regulation, a similar system for the
issuance of an administrative citation to an unlicensed person who is
acting in the capacity of a licensee or registrant under the
jurisdiction of that board, bureau, or commission. The administrative
citation system authorized by this section shall meet the
requirements of Section 125.9 and may not be applied to an unlicensed
person who is otherwise exempted from the provisions of the
applicable licensing act. The establishment of an administrative
citation system for unlicensed activity does not preclude the use of
other enforcement statutes for unlicensed activities at the
discretion of the board, bureau, or commission.

149. (a) If, upon investigation, an agency designated in
subdivision (e) has probable cause to believe that a person is
advertising in a telephone directory with respect to the offering or
performance of services, without being properly licensed by or
registered with the agency to offer or perform those services, the
agency may issue a citation under Section 148 containing an order of
correction that requires the violator to do both of the following:
(1) Cease the unlawful advertising.
(2) Notify the telephone company furnishing services to the
violator to disconnect the telephone service furnished to any
telephone number contained in the unlawful advertising.
(b) This action is stayed if the person to whom a citation is
issued under subdivision (a) notifies the agency in writing that he
or she intends to contest the citation. The agency shall afford an
opportunity for a hearing, as specified in Section 125.9.
(c) If the person to whom a citation and order of correction is
issued under subdivision (a) fails to comply with the order of
correction after that order is final, the agency shall inform the
Public Utilities Commission of the violation and the Public Utilities
Commission shall require the telephone corporation furnishing
services to that person to disconnect the telephone service furnished
to any telephone number contained in the unlawful advertising.
(d) The good faith compliance by a telephone corporation with an
order of the Public Utilities Commission to terminate service issued
pursuant to this section shall constitute a complete defense to any
civil or criminal action brought against the telephone corporation
arising from the termination of service.
(e) Subdivision (a) shall apply to the following boards, bureaus,
committees, commissions, or programs:
(1) The Bureau of Barbering and Cosmetology.
(2) The Cemetery and Funeral Bureau.
(3) The Veterinary Medical Board.
(4) The Landscape Architects Technical Committee.
(5) The California Board of Podiatric Medicine.
(6) The Respiratory Care Board of California.
(7) The Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation.
(8) The Bureau of Security and Investigative Services.
(9) The Bureau of Automotive Repair.
(10) The California Architects Board.
(11) The Speech-Language Pathology and Audiology Board.
(12) The Board for Professional Engineers and Land Surveyors.
(13) The Board of Behavioral Sciences.
(14) The Structural Pest Control Board within the Department of
Pesticide Regulation.
(15) The Acupuncture Board.
(16) The Board of Psychology.
(17) The California Board of Accountancy.
(18) The Naturopathic Medicine Committee.
(19) The Physical Therapy Board of California.
(20) The Bureau for Private Postsecondary Education.