Cal. Code Regs. tit. 16 § 1399.419.2

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1399.419.2 - Fingerprint and Disclosure Requirements for Renewal of License
(a) As a condition of renewal for a license that expires on or after January 1, 2011, a licensee who was initially licensed prior to January 1, 2001, or for whom an electronic record of the submission of fingerprints no longer exists, shall furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search conducted through the Department of Justice.
(1) The licensee shall pay any costs for furnishing the fingerprints and conducting the searches.
(2) A licensee shall certify when applying for renewal whether the licensee's fingerprints have been furnished to the Department of Justice in compliance with this section.
(3) This requirement is waived if the licensee is renewed in an inactive status, or is actively serving in the military outside the United States.
(4) A licensee shall retain, for at least three (3) years from the renewal date, either a receipt showing the electronic transmission of the licensee's fingerprints to the Department of Justice or a receipt evidencing that the licensee's fingerprints were taken.
(b) As a condition of renewal, a licensee shall disclose whether, since the licensee last applied for renewal, the licensee has been convicted of any violation of the law of this or any other state, the United States, or other country, omitting traffic infractions under $300 not involving alcohol, dangerous drugs as defined in Section 4022 of the Code, or controlled substances.
(c) As a condition of renewal, a licensee shall disclose whether, since the licensee last applied for renewal, the licensee has been denied a license or had a license disciplined by another licensing authority of this state, of another state, of any agency of the federal government, or of another country.
(d) Failure to comply with the requirements of this section renders any application for renewal incomplete and the license may not be renewed until the licensee demonstrates compliance with all requirements.
(e) Failure to furnish a full set of fingerprints to the Department of Justice as required by this section on or before the date required for renewal of a license is grounds for discipline by the Board.
(f) Before a license in inactive status may be activated, the licensee shall comply with this section. A licensee who is serving in the military outside of the United States shall immediately comply with this section upon his or her return to the United States unless the return is for less than 30 days.

Cal. Code Regs. Tit. 16, § 1399.419.2

1. New section filed 9-23-2010; operative 10-23-2010 (Register 2010, No. 39).
2. Change without regulatory effect amending subsections (a)(2), (a)(4), (b)-(c) and (f) and amending Note filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).

Note: Authority cited: Sections 144 and 4933, Business and Professions Code. Reference: Sections 144, 4928.1, 4955 and 4965, Business and Professions Code; and Section 11105, Penal Code.

1. New section filed 9-23-2010; operative 10-23-2010 (Register 2010, No. 39).
2. Change without regulatory effect amending subsections (a)(2), (a)(4), (b)-(c) and (f) and amending Note filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).