SECTIONS 310-313.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 310-313.5

310. The director shall have the following powers and it shall be
his duty to:
(a) Recommend and propose the enactment of such legislation as
necessary to protect and promote the interests of consumers.
(b) Represent the consumer's interests before federal and state
legislative hearings and executive commissions.
(c) Assist, advise, and cooperate with federal, state, and local
agencies and officials to protect and promote the interests of
consumers.
(d) Study, investigate, research, and analyze matters affecting
the interests of consumers.
(e) Hold public hearings, subpoena witnesses, take testimony,
compel the production of books, papers, documents, and other
evidence, and call upon other state agencies for information.
(f) Propose and assist in the creation and development of consumer
education programs.
(g) Promote ethical standards of conduct for business and
consumers and undertake activities to encourage public responsibility
in the production, promotion, sale and lease of consumer goods and
services.
(h) Advise the Governor and Legislature on all matters affecting
the interests of consumers.
(i) Exercise and perform such other functions, powers and duties
as may be deemed appropriate to protect and promote the interests of
consumers as directed by the Governor or the Legislature.
(j) Maintain contact and liaison with consumer groups in
California and nationally.

311. The director may create an interdepartmental committee to
assist and advise him in the implementation of his duties. The
members of such committee shall consist of the heads of state
departments, or their designees. Members of such committee shall
serve without compensation but shall be reimbursed for the expenses
actually and necessarily incurred by them in the performance of their
duties.

312. The director shall submit to the Governor and the Legislature
on or before January 1, 2003, and annually thereafter, a report of
programmatic and statistical information regarding the activities of
the department and its constituent entities. The report shall include
information concerning the director's activities pursuant to Section
326, including the number and general patterns of consumer
complaints and the action taken on those complaints.

313. The director shall provide for the establishment of a
comprehensive library of books, documents, studies, and other
materials relating to consumers and consumer problems.

313.1. (a) Notwithstanding any other provision of law to the
contrary, no rule or regulation, except those relating to
examinations and qualifications for licensure, and no fee change
proposed or promulgated by any of the boards, commissions, or
committees within the department, shall take effect pending
compliance with this section.
(b) The director shall be formally notified of and shall be
provided a full opportunity to review, in accordance with the
requirements of Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code, and
this section, all of the following:
(1) All notices of proposed action, any modifications and
supplements thereto, and the text of proposed regulations.
(2) Any notices of sufficiently related changes to regulations
previously noticed to the public, and the text of proposed
regulations showing modifications to the text.
(3) Final rulemaking records.
(c) The submission of all notices and final rulemaking records to
the director and the completion of the director's review, as
authorized by this section, shall be a precondition to the filing of
any rule or regulation with the Office of Administrative Law. The
Office of Administrative Law shall have no jurisdiction to review a
rule or regulation subject to this section until after the completion
of the director's review and only then if the director has not
disapproved it. The filing of any document with the Office of
Administrative Law shall be accompanied by a certification that the
board, commission, or committee has complied with the requirements of
this section.
(d) Following the receipt of any final rulemaking record subject
to subdivision (a), the director shall have the authority for a
period of 30 days to disapprove a proposed rule or regulation on the
ground that it is injurious to the public health, safety, or welfare.
(e) Final rulemaking records shall be filed with the director
within the one-year notice period specified in Section 11346.4 of the
Government Code. If necessary for compliance with this section, the
one-year notice period may be extended, as specified by this
subdivision.
(1) In the event that the one-year notice period lapses during the
director's 30-day review period, or within 60 days following the
notice of the director's disapproval, it may be extended for a
maximum of 90 days.
(2) If the director approves the final rulemaking record or
declines to take action on it within 30 days, the board, commission,
or committee shall have five days from the receipt of the record from
the director within which to file it with the Office of
Administrative Law.
(3) If the director disapproves a rule or regulation, it shall
have no force or effect unless, within 60 days of the notice of
disapproval, (A) the disapproval is overridden by a unanimous vote of
the members of the board, commission, or committee, and (B) the
board, commission, or committee files the final rulemaking record
with the Office of Administrative Law in compliance with this section
and the procedures required by Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(f) Nothing in this section shall be construed to prohibit the
director from affirmatively approving a proposed rule, regulation, or
fee change at any time within the 30-day period after it has been
submitted to him or her, in which event it shall become effective
upon compliance with this section and the procedures required by
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.

313.2. The director shall adopt regulations to implement,
interpret, and make specific the provisions of the Americans with
Disabilities Act (P.L. 101-336), as they relate to the examination
process for professional licensing and certification programs under
the purview of the department.

313.5. The director shall periodically publish a bibliography of
consumer information available in the department library and
elsewhere. Such bibliography shall be sent to subscribers upon
payment of a reasonable fee therefor.