Bill Text: CA SB969 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pet groomers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - Hearing postponed by committee. [SB969 Detail]
Download: California-2011-SB969-Amended.html
Bill Title: Pet groomers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2012-08-16 - Hearing postponed by committee. [SB969 Detail]
Download: California-2011-SB969-Amended.html
BILL NUMBER: SB 969 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Vargas
JANUARY 17, 2012
An act to add Article 7 (commencing with Section 4918) to Chapter
11 of Division 2 of the Business and Professions Code, relating to
pet grooming.
LEGISLATIVE COUNSEL'S DIGEST
SB 969, as amended, Vargas. Pet groomers.
Existing law provides for the licensure and regulation of
veterinarians and registered veterinary technicians by the Veterinary
Medical Board.
This bill would create the California Pet Grooming Council
and would require any person engaged in pet grooming to be
licensed certified and regulated by the
Veterinary Medical Board council . The
bill would establish the requirements necessary to obtain a
license certificate as a pet groomer or a
pet bather and brusher and set forth the duties and obligations
of a licensee as a certified pet
groomer or a pet bather and brusher , as specified. The
bill would set forth the duties of the board
council with regard to the regulation of pet groomers and
pet bathers and brushers and require the board to adopt a fee
schedule that would apply to licensees
certificate holders and pet grooming schools. The bill would
set forth standards for discipline and authorize the board
council to impose administrative penalties for a
violation of these provisions. The bill would provide that a
violation of these provisions is a crime, thereby imposing a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7 (commencing with Section 4918) is added to
Chapter 11 of Division 2 of the Business and Professions Code, to
read:
Article 7. Pet Groomers
4918. The following definitions shall apply for purposes of this
article:
(a) "Board" "Council" means the
Veterinary Medical Board California Pet
Grooming Council .
(b) "Pet" means any animal placed in the care of a pet groomer for
grooming or styling.
(c) "Pet groomer" means an individual, licensed as a pet groomer,
who bathes, brushes, clips, or styles a pet for compensation.
(d) "Pet grooming" means the act of bathing, brushing, clipping,
or styling a pet.
(e) "Pet grooming facility" means a commercial establishment where
a pet may be bathed, brushed, clipped, or styled.
4918.1. (a) The California Pet Grooming Council shall be created
and shall have the responsibilities and duties set forth in this
article. The council may take any reasonable actions to carry out the
responsibilities and duties set forth in this article, including,
but not limited to, hiring staff and entering into contracts.
(b) (1) The council shall be composed of the following members:
(A) Two members from Society for the Prevention of Cruelty to
Animals (SPCA) associations, one from northern California, and one
from southern California, unless that entity chooses not to exercise
this right of selection.
(B) One member selected by each state or nationwide pet specialty
retailer that provides pet grooming services, with gross annual sales
exceeding one hundred fifty million dollars ($150,000,000), unless
the entity chooses not to exercise this right of selection.
(C) One member selected by the State Humane Association of
California, unless that entity chooses not to exercise this right of
selection.
(D) One member selected by the Director of Consumer Affairs,
unless he or she chooses not to exercise this right of selection.
(E) One member selected by the Veterinary Medical Board, unless
that entity chooses not to exercise this right of selection.
(F) One member selected by the California Animal Control Directors
Association, unless that entity chooses not to exercise this right
of selection.
(G) One member selected by the National Dog Groomers Association
of America, Inc., unless that entity chooses not to exercise this
right of selection.
(H) Two members selected by the State Bar of California, who have
animal law experience and who have been nominated by a fellow animal
law attorney, unless that entity chooses not to exercise the right of
selection.
(2) The council's bylaws shall establish a process for appointing
other professional members as determined by the council.
(3) The initial members of the council shall establish the
council, initiate the request for tax-exempt status from the Internal
Revenue Service, and solicit input from the pet grooming community
concerning the operations of the council. The initial members of the
council, in their discretion, may immediately undertake to issue the
certificates authorized by this article after adopting the necessary
bylaws or other rules, or may establish by adoption of bylaws the
permanent governing structure prior to issuing certificates.
(c) The council shall establish fees reasonably related to the
cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees shall be
established by the council annually.
(d) The meetings of the council shall be subject to the rules of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
4918.2. (a) The council shall issue a certificate under this
article to an applicant who satisfies the requirements of this
article.
(b) In order to obtain certification as a pet groomer, an
applicant shall submit a written application and provide the council
with satisfactory evidence that he or she meets all of the following
requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant has successfully completed, at an approved
school, a curriculum in pet grooming and related subjects, totaling a
minimum of 300 hours, that incorporates appropriate school
assessment of student knowledge and skills and that provides a
minimum of 1,000 hours of hands-on experience in pet grooming; or has
a minimum of 1,000 hours of hands-on experience in pet grooming and
successfully passes a pet grooming certification test established by
the council.
(3) All fees required by the council have been paid.
(c) The council shall issue a certificate to an applicant who
meets the qualifications of this article and who holds a current and
valid registration, certification, or license from any other state
whose licensure requirements meet or exceed those defined within this
article. The council shall have discretion to give credit for
comparable academic work completed by an applicant in a program
outside of California.
(d) An applicant applying for a pet bather and brusher certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets both of the following requirements:
(1) The applicant is 18 years of age or older.
(2) Any of the following:
(A) The applicant has successfully completed, at an approved
school, curriculum in pet grooming and related subjects, totaling a
minimum of 300 hours, that incorporates appropriate school assessment
of student knowledge and skills.
(B) The applicant has a minimum of 300 hours of training under the
supervision of a certified pet groomer.
(C) The applicant has successfully completed a pet grooming
certification test established by the council.
(e) Prior to the issuance of a certificate by the council, every
applicant shall provide proof that he or she is insured against
negligent acts associated with his or her activity as a pet groomer.
(f) Any certification issued under this article shall be subject
to renewal every two years in a manner prescribed by the council, and
shall expire unless renewed in that manner. The council may provide
for the late renewal of a license.
4918.3. (a) The council may discipline a certificate holder by
any, or a combination, of the following methods:
(1) Placing the certificate holder on probation.
(2) Suspending the certificate and the rights conferred by this
article on a certificate holder for a period not to exceed one year.
(3) Revoking the certificate.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the council, as authorized by this
article or its bylaws, deems proper.
(b) The council may issue an initial certificate on probation,
with specific terms and conditions, to any applicant.
(c) (1) Notwithstanding any other law, if the council receives
notice that a certificate holder has been arrested and charges have
been filed by the appropriate prosecuting agency against the
certificate holder alleging a violation of subdivision (b) of Section
597 of the Penal Code or any requirement of Section 4918.12, the
council shall take all of the following actions:
(A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
(B) Notify the certificate holder within 10 days at the address
last filed with the council that the certificate has been suspended,
and the reason for the suspension.
(C) Notify any business within 10 days that the council has in its
records as employing the certificate holder that the certificate has
been suspended.
(2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The council
shall provide notice to the certificate holder within 10 days that
it has evidence of a valid record of conviction and that the
certificate will be revoked unless the certificate holder provides
evidence within 15 days that the conviction is either invalid or that
the information is otherwise erroneous.
(3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
4918.4. (a) Upon the request of any law enforcement agency, the
council shall provide information concerning a certificate holder,
including, but not limited to, the current status of the certificate,
any history of disciplinary actions taken against the certificate
holder, the home and work addresses of the certificate holder, and
any other information in the council's possession that is necessary
to verify facts relevant to an investigation being conducted by a law
enforcement agency.
(b) The council shall accept information provided by any law
enforcement agency or any other representative of a local government
agency. The council shall have the responsibility to review any
information received and to take any actions authorized by this
article that are warranted by that information.
4918.5. It is a violation of this article for a certificate
holder to commit, and the council may deny an application for a
certificate or discipline a certificate holder for committing, any of
the following:
(a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
another professional licensing board established under this
division. A certified copy of the decision, order, or judgment shall
be conclusive evidence of these actions.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this article or any rule or bylaw adopted
by the council.
(d) Conviction of any felony, or conviction of a misdemeanor that
is substantially related to Section 597 of the Penal Code, in which
event the record of the conviction shall be conclusive evidence of
the crime.
(e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this article for the
issuance of a certificate.
(f) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a
certificate holder.
4918.6. (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate pursuant to Section 4918.5
except according to procedures satisfying the requirements of this
section. A denial or discipline not in accord with this section or
subdivision (c) of Section 4918.3 shall be void and without effect.
(b) Any denial of a certificate to an applicant or any discipline
imposed on a certificate holder shall be done in good faith and in a
fair and reasonable manner. Any procedure that conforms to the
requirements of subdivision (c) is fair and reasonable, but a court
may also find other procedures to be fair and reasonable when the
full circumstances of the certificate denial or certificate holder
discipline are considered.
(c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 4918.3 are followed, or if all of the
following apply:
(1) The procedure has been set forth in the articles or bylaws, or
copies of the procedure are sent annually to all the members as
required by the articles or bylaws.
(2) The procedure provides for the giving of 15 days' prior notice
of the denial or discipline and the reasons therefor.
(3) The procedure provides an opportunity for the certificate
applicant or certificate holder to be heard, orally or in writing,
not less than five days before the effective date of the denial or
discipline by a person or body authorized to decide that the proposed
denial or discipline not take place.
(d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the council's records.
(e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
(f) This section governs only the procedures for certificate
denial or certificate holder discipline and not the substantive
grounds therefor. A certificate denial or certificate holder
discipline based upon substantive grounds that violates contractual
or other rights of the member or is otherwise unlawful is not made
valid by compliance with this section.
(g) The council shall be sued only in the venue of its principal
office.
4918.7. It shall be the responsibility of any certificate holder
to notify the council of his or her home address, as well as the
address of any business establishment where he or she regularly works
as a pet groomer or pet bather and brusher, whether as an employee
or as an independent contractor. A certificate holder shall notify
the council within 30 days of changing either his or her home address
or the address of the business establishment where he or she
regularly works as a pet groomer or pet bather and brusher.
4918.8. A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her certificate at his or
her place of business.
4918.9. (a) Notwithstanding Section 4918.2, the council may grant
a pet groomer or a pet bather and brusher certificate to any person
who applies on or before January 1, 2013, with one of the following:
(1) A current valid pet grooming permit or license from a
California city, county, or city and county and documentation
evidencing that the person has provided at least 500 hours of pet
grooming services to members of the public for compensation.
(2) Documentation evidencing that the person has completed at
least a 100-hour pet grooming curriculum and has provided at least
500 hours of pet grooming services to members of the public for
compensation. For purposes of this subdivision, evidence of practice
shall include either of the following:
(A) A W-2 form or employer's affidavit containing the dates of the
applicant's employment.
(B) Tax returns indicating self-employment as a pet groomer, pet
bather and brusher, or any other title that may demonstrate
experience in the field of pet grooming.
(b) After reviewing the information submitted under subdivision
(a), the council may require additional information necessary to
enable it to determine whether to issue a certificate.
(c) (1) A person applying for a pet groomer certificate on or
before January 1, 2013, who meets the educational requirements of
paragraph (2) of subdivision (a), but who has not completed the
required number of practice hours prior to submitting an application
pursuant to this section, may apply for a conditional certificate.
(2) An applicant for a conditional certificate shall, within five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until he or she has
completed a total of at least 300 hours of education, which may
include hours previously completed in a pet grooming curriculum
described in paragraph (2) of subdivision (a).
(3) Upon successful completion of the requirements of this
subdivision, the council shall issue a certificate to the person that
is not conditional.
(4) A conditional certificate issued to any person pursuant to
this subdivision shall immediately be nullified, without need for
further action by the council, if the time period specified in
paragraph (2) expires without proof of completion of the requirements
having been filed with the council.
(5) Any additional education required by this section may be
completed through any of the following:
(A) An approved curriculum.
(B) A provider approved by, or registered with, the council or the
Department of Consumer Affairs.
(C) A provider that establishes to the satisfaction of the council
that its curriculum is an appropriate educational program for this
purpose.
(d) Nothing in this section shall preclude the council from
exercising any power or authority conferred by this article with
respect to a conditional certificate holder.
4918.3. 4918.10. Except as provided
in this article, it is unlawful for any person to engage in pet
grooming for compensation without a valid, unexpired license
certificate issued by the board
council . A person is eligible for a
license as a pet groomer if he or she meets the eligibility
requirements set forth in this article, passes the examination
specified in Section 4919.7, and applies for licensure and pays the
fee prescribed by the board pursuant to Section 4920.3.
4918.11. It is an unfair business practice for any person to
state or advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is certified, registered, or licensed by a governmental
agency as a pet groomer or pet bather and brusher without meeting the
requirements of this article.
4918.5. 4918.12. (a) The primary
concern of every licensee certified pet
groomer or pet bather and brusher shall be the safety and
well-being of the pets in their his or her
care.
(b) A licensee certificate holder
shall comply with all of the following requirements:
(1) Pets not in the grooming process shall be kept in a
structurally sound and clean cage. Each enclosure shall be in good
repair and large enough to allow each pet to make normal postural
adjustments, including sitting, standing, and turning around. Each
pet shall be caged separately , except that pets from the same
household may be caged together with the owner's consent .
(2) Outdoor facilities shall not be utilized in inclement weather
and indoor facilities shall be maintained at a healthy temperature.
(3) There shall be sufficient lighting to facilitate the cleaning
of pets and facilities.
(4) The pet grooming facility of the licensee shall maintain
sanitary conditions at all times.
(5) There shall be an adequate water supply available for
drinking.
(6) Pets shall not be left unattended while at a pet grooming
facility.
(7) A drying cage shall never be used.
shall mee t all of the following conditions:
(A) Contain no-heat air dryers.
(B) Be kept clean and sanitary.
(C) Be large enough to comfortably contain the pet.
(c) Every licensee certificate holder
shall display a copy of his or her pet groomer's
license certificate and the telephone number of
the board council where the owner of
the pet may make complaints regarding the services received from the
licensee certificate holder .
(d) Every licensee certificate holder
shall maintain insurance against negligent acts associated with
his or her activity as a pet groomer.
(e) Every licensee certificate holder
shall keep a record for each pet receiving grooming services,
which shall include all of the following:
(1) The first and last name of the owner of the pet.
(2) The address and telephone number of the owner of the pet.
(3) The name of the pet.
(4) The name of the veterinarian of the pet.
(5) Any allergies or special needs the pet may have, as reported
by the owner of the pet.
(5)
(6) The date or dates that the pet received grooming
services.
(6)
(7) The services that were performed, including a list
of any chemicals used while performing the services and any medical
conditions discovered during the performance of services.
(7)
(8) When the pet receiving services is a dog, proof
that the dog has received vaccinations against parvo, distemper,
bordatella, and rabies. When the pet receiving services is a cat,
proof that the cat has received a vaccination against rabies.
(f) Records for each pet shall be maintained for two years and
shall be available for inspection by the board
council or the board's council's
authorized agents during regular business hours.
4918.7. 4918.13. The board
council shall approve all schools or
institutions offering a curriculum for training pet groomers.
Application forms for schools requesting approval shall be furnished
by the board council . Approval by the
board council shall be for a two-year
period. Reapplication for approval by the board
council shall be made at the end of the two-year period.
4919. (a) Students engaged in performing grooming services while
enrolled in a school approved by the board
council shall not be required to be licensed
certified under this article if they perform those
services under appropriate supervision at the approved school in
which they are enrolled.
(b) Individuals engaged in performing grooming services while not
enrolled in a school approved by the board
council shall not be required to be licensed
certified under this article if they perform those
services under the direct supervision of a licensed
certified pet groomer and while in training for
the pet groomer's licensing examination.
4919.3. The board shall admit to examination for a license as a
pet groomer any person who has made application to the board in
proper form, paid the fee required by this chapter, and is qualified
as follows:
(a) Is not less than 18 years of age.
(b) Has completed the 10th grade in the public schools of this
state or its equivalent.
(c) Is not subject to denial pursuant to Section 480.
4919.5. (a) Every application for admission to examination and
licensure certification shall be in
writing, on forms prepared and furnished by the board
council .
(b) Each application shall be accompanied by the required fee, and
shall contain proof of the qualifications of the applicant for
examination and licensure certification
. It shall be verified by the oath of the applicant. Every applicant
shall, as a condition of admittance to the examination facility,
present satisfactory proof of identification. Satisfactory proof of
identification shall be in the form of a valid, unexpired driver's
license or identification card, containing the photograph of the
person to whom it was issued, issued by any state, federal, or other
government entity.
4919.7. (a) The examination of applicants for a license
certification shall include both a practical
demonstration and a written test and shall embrace the subjects
typically taught in a program approved by the board
council .
(b) The examination shall not be confined to any particular system
or method. It shall be consistent in both practical and technical
requirements, and of sufficient thoroughness to satisfy the board as
to the applicant's skill in, and knowledge of, the practice of the
occupation for which a license certificate
is sought.
(c) The scope of
examinations shall be consistent with the definition of the
activities licensed under this chapter
article , and shall be as the board
council , by regulation, may require to protect the health and
safety of consumers of the services provided by licensees
certificate holders .
(d) The board's council's
examinations shall be limited to job-related questions, activities,
and practical services. The examinations may include other
demonstrations and tests as the board council
, in its discretion, may require.
4920. All examinations shall be prepared by or under the
direction of the board council . The
board council shall establish standards
and procedures governing administration and grading and shall
exercise supervision as may be necessary to ensure compliance
therewith.
4920.3. (a) Licenses shall be issued by the board to any
applicant who satisfactorily passes an examination, who possesses the
other qualifications required by law, and who has remitted the
license fee required by this article. The license shall entitle the
holder to engage in the practice of pet grooming. The license shall
be issued by the board on the same day that the applicant
satisfactorily passes the examination.
(b) Prior to issuance of a license by the board, every applicant
shall provide proof that the applicant is insured against negligent
acts associated with their activity as a pet groomer.
4920.5. Any person who fails the pet groomer's licensing
certification examination may be eligible to
retake the examination upon compliance with the provisions of this
article.
4920.7. The board council may
contract or otherwise arrange for reasonably required physical
accommodations and facilities to conduct examinations.
4921. The form and content of a license
certificate issued by the board council
shall be determined by the board
council .
4921.3. The board council shall
create a record of those licensed certified
pursuant to this article. The record shall include a
licensee's certificate holder's first and last
name, license number, and a record of any disciplinary action taken
against the licensee, including the suspension or revocation of the
licensee's certificate holder's pet
grooming license certification .
4921.5. (a) Notwithstanding any other provision of law, the board
may revoke, suspend, or deny at any time any license required by
this article on any of the grounds for disciplinary action provided
in this section. The proceedings under this section shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.
(b) The grounds for disciplinary action are as follows:
(1) Conviction of any crime substantially related to the
qualifications, functions, or duties of the license holder,
including, but not limited to, any provision of law relating to the
humane treatment of animals, in which case, the records of conviction
or a certified copy shall be conclusive evidence thereof.
(2) Failure to comply with the requirements of this article.
(3) Failure to comply with the rules adopted by the board for the
regulation of the practice licensed and regulated under this article.
(4) Failure to display the license in a conspicuous place.
(5) The making of any false statement as to a material matter in
any application to the board.
(6) Refusal to permit or interference with an inspection
authorized under this article.
4921.7. Licenses Certificates
issued under this article, unless specifically excepted, shall be
issued for a two-year period and shall expire at midnight on the last
day of the month of issuance by the board
council .
4922. Except as otherwise provided in this article, a
license certificate that has expired for failure
of the licensee certificate holder to
renew within the time fixed by this article may be renewed at any
time within five years following its expiration upon application and
payment of all accrued and unpaid renewal fees, delinquency fees, and
fines. Renewal under this section shall be effective on the date on
which the application is filed, or on the date on which the accrued
renewal fees, delinquency fee, or fines are paid, if any, whichever
occurs last. If so renewed, the license
certificate shall continue in effect through the expiration
date provided in this article which next occurs following the
effective date of the renewal, when it shall expire if it is not
again renewed.
4922.3. Except as otherwise provided in this article, a
license certificate which has not been renewed
within five years following its expiration shall be deemed canceled
and may not be renewed, restored, reinstated, or reissued thereafter.
The holder of the canceled license
certificate may obtain a new license
certificate only by submitting an application, paying all
required fees, and qualifying for and passing the examination that
would be required if the holder were applying for the
license certificate for the first time.
4922.5. A suspended license certificate
is subject to expiration and shall be renewed by the
licensee certificate holder as provided in this
article, but that renewal does not entitle the licensee
certificate holder , while the license
certificate remains suspended and before it is
reinstated, to engage in the licensed pet
grooming activity, or in any other activity or conduct in
violation of the order or judgment by which the license
certificate was suspended.
4922.7. A revoked license certificate
is subject to expiration as provided in this article, but may
not be renewed. If it is reinstated pursuant to an administrative or
court proceeding after its expiration, the licensee
certificate holder , as a condition precedent to
its reinstatement, shall pay a reinstatement fee in an amount
established by the board council
pursuant to Section 4923.
4923. (a) The board council shall
establish by regulation a schedule of fees payable under this
article, including, but not limited to, all of the following:
(1) Application and examination fees.
(2) Initial license certification
fees.
(3) Renewal fees.
(4) Reinstatement fees.
(5) Delinquency fees.
(6) Duplicate license certificate
fees.
(7) Application fee for approval of a school or institution
offering a curriculum for training pet groomers.
(8) Processing fee, not to exceed twenty dollars ($20) to cover
the costs of processing the application and certificate.
(b) No fee established pursuant to subdivision (a) shall be
greater than three hundred fifty dollars ($350) and shall not be in
excess of the costs to the board council
of administering that fee.
(c) The board council shall
establish by regulation a fee for filing an application for approval
of a school or institution offering a curriculum for training
licensed certified pet groomers
pursuant to Section 4918.7 4918.13 of
not more than three hundred fifty dollars ($350). The school
or institution provider shall also pay for the
actual costs of an onsite inspection conducted by the board
council pursuant to Section 2065.6 of Title 16
of the California Code of Regulations, including, but not limited to,
the travel, food, and lodging expenses incurred by an inspection
team sent by the board.
(d) All moneys collected under this article shall be deposited in
a separate account in the Veterinary Medical Board Contingent Fund
and shall be used for the purposes of this article, subject to
appropriation by the Legislature.
4923.3. (a) The board council or
their its authorized agents shall make
annual inspections of pet grooming facilities to ensure licensees'
compliance with this article.
(b) Authority to conduct the inspections authorized by this
section may be delegated by the board council
to a county animal control board, subject to the county animal
control board's acceptance of the delegation.
(c) Prior to performing an inspection authorized by this section,
an inspector shall receive training as to the provisions of this
article and in the humane treatment of animals.
4923.5. Notwithstanding Section 4918.3, any individual engaged in
pet grooming on or before December 31, 2011
2012 , may lawfully continue pet grooming without a
license certificate for one year from that date,
provided that within the year the individual applies for a
license certificate as provided in this article.
4923.7. This act shall become operative on April 1, 2012
2013 . The board
council shall, prior to that date, adopt emergency regulations
concerning pet grooming. The adoption, amendment, repeal, or
readoption of a regulation authorized by this section is deemed to
address an emergency, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the commission is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code, but shall otherwise be subject to the review
and approval of the Office of Administrative Law. Notwithstanding any
other provision of law, all emergency regulations adopted by the
commission pursuant to this section shall remain in effect until
December 31, 2012 2013 , except to the
extent that the commission exercises its power to adopt, amend, or
repeal these regulations in whole or in part.
4924. The board council may impose
an administrative penalty for a violation of this article in an
amount of not more than one thousand dollars ($1,000) per violation.
The board council shall collect those
penalties for deposit into the account specified in Section 4923.
4924.3. Any person, who violates, or aids or abets in violating,
any of the provisions of this chapter article
is guilty of a misdemeanor and upon conviction thereof shall
be punished by a fine of not less than five hundred dollars ($500),
nor more than two thousand dollars ($2,000), or by imprisonment in a
county jail for not less than 30 days nor more than one year, or by
both the fine and imprisonment.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
