GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 8−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW FEBRUARY 21, 2020 PROPOSED ACTION ON REGULATIONS TITLE 2. FAIR POLITICAL PRACTICES COMMISSION Conflict−of−Interest Code — Notice File Number Z2020−0211−04 ....................................... 247 Amendment Multi−County: Shasta Trinity Schools Insurance Group Joint Power Authority TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Cannabis Appellations Program — Notice File Number Z2020−0210−01 .................................. 248 TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE Peach Mosaic Disease Exterior Quarantine — Notice File Number Z2020−0211−03 ......................... 251 TITLE 4. BUREAU OF HOUSEHOLD GOODS AND SERVICES Criminal Conviction Substantial Relationship and Rehabilitation Criteria — Home Furnishings and Thermal Insulation Program — Notice File Number Z2020−0210−03 .................. 254 TITLE 4. CALIFORNIA HORSE RACING BOARD Veterinary Treatment Records — Notice File Number Z2020−0211−05 .................................... 257 TITLE 11.

DEPARTMENT OF JUSTICE Ammunition Vendor License Regulations — Notice File Number Z2020−0211−08 ........................... 260 TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION Cell, Property, and Body Inspections — Notice File Number Z2020−0211−06 .............................. 262 TITLE 16. BUREAU OF AUTOMOTIVE REPAIR Rehabilitation and Substantial Relationship Criteria — Notice File Number Z2020−0210−04 ................. 265 TITLE 16.

BUREAU OF HOUSEHOLD GOODS AND SERVICES Criminal Conviction Substantial Relationship and Rehabilitation Criteria — Electronic and Appliance Repair Program — Notice File Number Z2020−0210−02 .......................... 268 TITLE 16. CEMETERY AND FUNERAL BUREAU Substantial Relationship Criteria — Cemetery Program — Notice File Number Z2020−0211−10 ............... 271 (Continued on next page) Time- Dated Material

TITLE 16. CEMETERY AND FUNERAL BUREAU Substantial Relationship Criteria — Funeral Program — Notice File Number Z2020−0211−09 ................ 275 TITLE 16. COURT REPORTERS BOARD Criminal Conviction Substantial Relationship and Rehabilitation Criteria — Notice File Number Z2020−0210−05 ..................................................... 278 TITLE 16. PROFESSIONAL FIDUCIARIES BUREAU Substantial Relationship and Rehabilitation Criteria — Notice File Number Z2020−0211−1 1 .................. 281 TITLE 16.

STRUCTURAL PEST CONTROL BOARD Disciplinary Criteria — Notice File Number Z2020−0210−06 ........................................... 285 TITLE 17. DEPARTMENT OF PUBLIC HEALTH 2003 Clinical Lab Improvement Amendment Crosswalk Part Two — Notice File Number Z2020−0211−02 .................................................... 288 TITLE 20. CALIFORNIA ENERGY COMMISSION Appliance Efficiency Regulations — Notice File Number Z2020−0211−01 ................................. 292 TITLE 22/MPP.

DEPARTMENT OF CHILD SUPPORT SERVICES Repeal Manual of Policies and Procedures — Notice File Number Z2020−0130−02 ......................... 298 GENERAL PUBLIC INTEREST AIR RESOURCES BOARD Notice of Hearing Postponement — Alternative Diesel Fuels Regulation (Previous Published in Notice Register 2020, Number 2−Z) ............................................. 300 DEPARTMENT OF FISH AND WILDLIFE Research on Santa Cruz Long−toed Salamander — Dr.

Christopher Searcy ................................ 301 DEPARTMENT OF FISH AND WILDLIFE Research on Santa Cruz Long−toed Salamander — Mark Allaback and David Laabs of Biosearch Associates .............................................. 302 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Issuance of Safe Use Determination For Exposures to Crystalline Silica From the Use of Four Woodwise Products ............................................ 302

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State ......................................................... 303 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 2.

FAIR POLITICAL PRACTICES COMMISSION NOTICE IS HEREBY GIVEN that the Fair Political Practices Commission, pursuant to the authority vested in it by Sections 82011, 87303, and 87304 of the Gov- ernment Code to review proposed conflict−of−interest codes, will review the proposed/amended conflict−of− interest codes of the following: CONFLICT−OF−INTEREST CODES AMENDMENT MULTI−COUNTY: Shasta Trinity Schools Insurance Group Joint Power Authority A written comment period has been established com- mencing on February 21, 2020 and closing on April 6, 2020.

Written comments should be directed to the Fair Political Practices Commission, Attention Amanda Apostol, 1102 Q Street, Suite 3000, Sacramento, Cali- fornia 95811. At the end of the 45−day comment period, the pro- posed conflict−of−interest code(

s) will be submitted to the Commission’s Executive Director for his review, unless any interested person or his or her duly autho- rized representative requests, no later than 15 days prior to the close of the written comment period, a public hearing before the full Commission. If a public hearing is requested, the proposed code(

s) will be submitted to the Commission for review. The Executive Director of the Commission will re- view the above−referenced conflict−of−interest code(s), proposed pursuant to Government Code Sec- tion 87300, which designate, pursuant to Government Code

Section 87302, employees who must disclose cer- tain investments, interests in real property and income. The Executive Director of the Commission, upon his or its own motion or at the request of any interested per- son, will approve, or revise and approve, or return the proposed code(

s) to the agency for revision and re− submission within 60 days without further notice. Any interested person may present statements, argu- ments or comments, in writing to the Executive Direc- tor of the Commission, relative to review of the pro- posed conflict−of−interest code(s). Any written com- ments must be received no later than April 6, 2020. If a public hearing is to be held, oral comments may be pre- sented to the Commission at the hearing.

COST TO LOCAL AGENCIES There shall be no reimbursement for any new or in- creased costs to local government which may result from compliance with these codes because these are not new programs mandated on local agencies by the codes since the requirements described herein were mandated by the Political Reform Act of 1974. Therefore, they are not “costs mandated by the state” as defined in Govern- ment Code

Section 17514. EFFECT ON HOUSING COSTS AND BUSINESSES Compliance with the codes has no potential effect on housing costs or on private persons, businesses or small businesses. AUTHORITY Government Code Sections 82011, 87303 and 87304 provide that the Fair Political Practices Commission as the code reviewing body for the above conflict−of− interest codes shall approve codes as submitted, revise the proposed code and approve it as revised, or return the proposed code for revision and re−submission.

REFERENCE Government Code Sections 87300 and 87306 pro- vide that agencies shall adopt and promulgate conflict− of−interest codes pursuant to the Political Reform Act and amend their codes when change is necessitated by changed circumstances. CONTACT Any inquiries concerning the proposed conflict−of− interest code(

s) should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. 247

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z A V AILABILITY OF PROPOSED CONFLICT−OF−INTEREST CODES Copies of the proposed conflict−of−interest codes may be obtained from the Commission offices or the re- spective agency. Requests for copies from the Commis- sion should be made to Amanda Apostol, Fair Political Practices Commission, 1102 Q Street, Suite 3000, Sacramento, California 95811, telephone (916) 324−5854. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Cannabis Appellations Program NOTICE IS HEREBY GIVEN that the California Department of Food and Agriculture (Department) pro- poses to adopt regulations to implement

Chapter 2, Cannabis Appellations Program, within Title 3 of the California Code of Regulations. The Department also proposes to amend

Chapter 1, Cannabis Cultivation Program, within Title 3, Sections 8000, 8106, 8212, 8212.1, 8400, 8403, 8601 and 8602. With this rulemak- ing, the Department will propose permanent regula- tions after the consideration of all comments, objec- tions, and recommendations regarding the proposed action. The Department is issuing this notice to meet require- ments set forth in Government Code

section 11346.5. PUBLIC HEARING The Department will hold a public hearing on April 14 th, 2020 at 1220 N Street, Sacramento, California. At the hearing, any person may present statements or argu- ments orally or in writing relevant to the proposed ac- tion described in the Informative Digest/Policy State- ment. The Department requests but does not require that persons who make oral comments at the hearing also submit a written copy of their testimony at the hearing. Tuesday April 14 th, 2020 1 p.m. to 3 p.m.

California Department of Food and Agriculture Auditorium 1220 N Street, Sacramento, CA 95814 WRITTEN COMMENT PERIOD Any interested person, or his or her authorized repre- sentative, may submit written comments relevant to the proposed regulatory action to the Department. The written comment period closes on April 6th, 2020. The Department will only consider comments received at the Department offices by that time. Submit comments to: Kristi Armstrong California Department of Food and Agriculture CalCannabis Cultivation Licensing Division P.O.

Box 942871 Sacramento, CA 94271 CDFA.CalCannabis_Appellations@cdfa.ca.gov Phone: (916) 263−0801 The written comment period closes on April 6 th, 2020. The Department will only consider comments re- ceived by that time and via the delivery methods desig- nated above. AUTHORITY AND REFERENCE The Department is proposing to amend sections 8000, 8106, 8212, 8400, 8403, 8601, and 8602 of Title 3, Division 8,

Chapter 1 of the California Code of Regu- lations. The Department is also proposing to adopt sec- tion 8212.1 of Title 3, Division 8,

Chapter 1 of the Cali- fornia Code of Regulations. Sections 26012, 26013, 26031, and 26063 of the California Business and Pro- fessions Code authorize the Department to adopt, im- plement, and enforce these regulations. The proposed regulations will implement, interpret, make specific, or reference sections 5200 et seq, 12601 et seq, 17500 et seq, 26001, 26013, 26031, 26051.5, 26060, 26060.1, 26063, 26055, 26067, 26069, 26120, 26121, 26150, 26151, 26152, 26153, 26154, 26155, 26156, 26160, and 26161 of the California Business and Professions Code and

section 12754.5 of the California Food and Agricultural Code. The Department is proposing to adopt Title 3, Divi- sion 8,

Chapter 2 of the California Code of Regulations, including sections 9000, 9100−9107, 9200−9203, and 9300−9302, as the Cannabis Appellations Program (CAP). Sections 26012, 26013, 26063, and 26181 of the California Business and Professions Code authorize the Department to adopt, implement, and enforce these reg- ulations. The proposed regulations will implement, in- terpret, make specific, or reference sections 26012, 26013, 26050, 26051, 26061, 26063, 26180, and 26181 of the California Business and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing Law: Senate Bill 94 (Committee on Budget and Fiscal Re- view,

Chapter 94, Statutes of 2017), also known as the Medicinal and Adult−Use Cannabis Regulation and Safety Act (MAUCRSA) requires the Department to 248

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z establish standards by which a licensed cultivator may designate a county of origin for cannabis and mandates that no later than January 1, 2021, the Department (rather than the Bureau) shall establish a process by which licensed cultivators may establish appellations of standards, practices, and varietals applicable to cannabis grown in a certain geographical area in California. Senate Bill 185 (McGuire,

Chapter 841, Statutes of 2019) expanded appellation of origin protections by specifically prohibiting cannabis from being adver- tised, marketed, labeled, or sold using an appellation of origin, or any similar name that is likely to mislead con- sumers as to the kind of cannabis, unless the cannabis meets the appellation of origin requirements for, and was produced in, the geographical area; and prohibiting an appellation of origin, or any similar name that is like- ly to mislead consumers as to the kind of cannabis con- tained in the product, from being used in the advertis- ing, labeling, marketing, or packaging of a cannabis product unless 100 percent of the cannabis contained in the product meets the appellation of origin require- ments and was produced in the geographical area.

Sen- ate Bill 185 also restored the term “appellation of ori- gin” to statute and replaced the words “varietal” and “grown” with the more industry−appropriate terms of “cultivar” and “produced.” Objectives and Anticipated Benefits from this Regulatory Action: Existing law obligates the Department to establish standards for the use of origin designations such as county of origin and appellation of origin on cannabis. Existing law also obligates the Department to establish a process by which licensed cannabis cultivators may establish appellations of origin.

The regulations proposed in this rulemaking action would establish a process for licensed cultivators to pe- tition the Department to create or amend appellations of origin, establish procedures and criteria for the review and approval of petitions, and allow the formation of an independent Petition Review Panel to make recommen- dations to the Department.

The regulations proposed in this rulemaking action also clarify the requirements for advertising, marketing, labeling, and packaging of cannabis and nonmanufactured cannabis products, in- cluding the use of county of origin and appellation of origin, and procedures for verifying compliance with appellation of origin requirements. Some of the expect- ed impacts of the proposed regulations and CAP are:

(1) A government−implemented, clearly defined and straight−forward process for establishing or amending an appellation of origin;

(2) More reliable information available to consumers regarding the geographical origin of cannabis goods;

(3) Product differentiation through promotion of appellation−specific standard, practice, and cultivar requirements.

(4) Net economic benefit to producers due to increased market value of products from prestigious appellations of origin; and

(5) Growth in related industries that may profit from a cannabis appellation’s prestige, such as tourism, marketing, and legal services. Inconsistency with Federal Regulations or Statutes: The United States Drug Enforcement Administra- tion, under the Controlled Substances Act, lists cannabis as a

Schedule I drug.

Schedule I drugs are de- fined as having a high potential for abuse, having no currently accepted medical use in treatment in the Unit- ed States, and a lack of accepted safety for use of the drug under medical supervision (21 U.S.C.

section 812). Controlled Substances Act, Title 21 — Food and Drugs,

Chapter 13 — Drug Abuse and Prevention Con- trol, Subchapter 1 — Control and Enforcement, Part B — Authority to Control; Standards and Schedules: https://www.deadiversion.usdoj.gov/21cfr/21usc/ 812. htm. Consistency with Existing State Regulations: As required by Government Code

section 11346.5(a)(3)(D), the Department has conducted an evaluation of these regulations and has determined that they are not inconsistent or incompatible with existing state regulations. PLAIN ENGLISH REQUIREMENT The Department staff prepared the proposed regula- tions pursuant to the standard of clarity provided in Government Code

section 11349 and the plain English requirements of Government Code sections 11342.580 and 11346.2, subdivision (a)(1). The proposed regula- tions are written to be easily understood by the persons that will use them. DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: None. 249

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z Cost or savings to state agencies: There will be a cost to the state to administer the appellations program. The Department has estimated that the fees for petitioning to participate in the program will cover those administra- tive costs. There are no additional costs or savings to state agencies associated with the proposed regulations. Non−discretionary cost or savings imposed upon lo- cal agencies: None. Cost or savings in federal funding to the state: None.

Cost impacts on a representative private person or business: Participation in the cannabis appellations pro- gram will be voluntary. Thus, there are no mandated costs on cannabis businesses. There would be a cost to cannabis businesses choosing to participate in the ap- pellations program. Consumers may choose cannabis produced in an appellation that might be more expen- sive, but they will also have the choice to purchase cannabis produced outside of the appellations program. Effect on small business: There may be an effect on small business. Effect on housing costs: None.

Significant, statewide adverse impact directly affect- ing business, including the ability of California busi- nesses to compete with businesses in other states: The Department has made an initial determination that there will not be a significant, statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. RESULTS OF THE ECONOMIC IMPACT ANALYSIS California Government Code

section 11346.3 re- quires state agencies to assess the potential economic impacts on California businesses and individuals when proposing to adopt or amend any administrative regulation. The following is a

summary of results from the eco- nomic impact analysis:  The proposed CAP would provide a net benefit of $4.36 million annually to businesses and individuals in the state.  The proposed CAP would result in a net increase of 18 FTE jobs in California. The estimated impact on jobs is small relative to the costs and benefits of the CAP because most costs and benefits are changes in proprietor income that result in modest job impacts.  The proposed CAP would not require the creation of new businesses or elimination of existing businesses within California.

The indirect impact of the CAP on businesses is likely to be positive, encouraging development of new businesses and industries in the state.  The proposed CAP would not impact the expansion of businesses currently operating within the state.  The proposed CAP would provide benefits to small businesses, estimated to equal $0.86 million annually.  The proposed CAP may result in benefits to the health and welfare of California residents, worker safety, and the state’s environment.

These benefits are not possible to quantify because there is no way to predict what production requirements will be included in an appellation petition. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 1346.5(a)(13), the D epartment must determine that no easonable alternative considered by the Department or hat has otherwise been identified and brought to the at- ention of the Department would be more effective in arrying out the purpose for which this action is pro- osed, would be as effective and less burdensome to af- ected private persons than the proposed action, or ould be more cost−effective to affected private per- ons and equally effective in implementing the statuto- y policy or other provisions of law.

The Department invites interested persons to present tatements or arguments with respect to alter natives to he proposed regulations at the scheduled hearing or uring the written comment period. To gain stakeholder input regarding the appellations rogram, the Department held outreach events through- ut the state allowing for broad input and subsequently ore focused workshops with representatives of culti- ator groups. Comments received during both were onsidered during the development of the regulations. omments not considered were either in conflict with xisting statute or unreasonable to adopt.

The two programs most commonly referenced by takeholders as examples for the future cannabis appel- ations program are the appellation of origin systems for rench agricultural products including wine (i.e., ap- ellation d’origine contrôlèe [AOC]) and American ine (i.e., American Viticultural Area [AVA]). Both ere explored by the Department and found lacking as odels for the future cannabis appellations program. he AOC model was considered to be overly bureau- ratic and having the potential to inhibit innovation in he nascent industry.

The AVA model was insufficient in hat it does not address standards, practices and culti- ars as is required by the statute for cannabis appella- ions. The Department also considered various options t multiple decision points within the chosen program 1 r t t c p f w s r s t d p o m v c C e s l F p w w m T c t t v t a 250

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z format. For example, the Department considered alter- native certification structures and prohibitions on over- lapping and nesting of areas. Resulting decisions were based on the Department’s authority and the most effec- tive means in pursuing the goals of the program. How- ever, no reasonable alternative considered or otherwise identified and brought to the attention of the Depart- ment would be as or more effective in carrying out the purpose for which the action is proposed, or less bur- densome. Pursuant to Government Code

Section 11346.9(a)(5), if anyone proposes an alternative that would lessen the adverse economic impact on small businesses, the final statement of reasons must include an explanation setting forth the Department’s reasons for accepting or rejecting the proposed alternatives. CONTACT PERSONS Inquiries concerning the proposed action may be di- rected to: Kristi Armstrong California Department of Food and Agriculture CalCannabis Cultivation Licensing Division P.O.

Box 942871 Sacramento, CA 94271 CDFA.CalCannabis_Appellations@cdfa.ca.gov Phone: (916) 263−0801 The backup contact person for these inquiries is: Keir Furey California Department of Food and Agriculture CalCannabis Cultivation Licensing Division P.O.

Box 942871 Sacramento, CA 94271 CDFA.CalCannabis_Appellations@cdfa.ca.gov Phone: (916) 576−4154 A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF REGULATIONS The Department has prepared and has available for public review an Initial Statement of Reasons for the proposed regulations, including all the information up- on which the proposed regulations are based, and the express terms of the proposed regulations. A copy of the Initial Statement of Reasons and the proposed regula- tions in underline may be obtained upon request.

The location of the information on which the proposal is based may also be obtained upon request. Requests should be directed to Kristi Armstrong at the mailing or email address specified above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Department may adopt the proposed regulations substantially as de- scribed in this notice.

If the Department makes modifi- cations that are sufficiently related to the originally pro- posed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the revised regulations. Any person interested may obtain a copy of any modified regulations prior to the date of adoption by contacting Kristi Armstrong at the mailing or email address specified above.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Kristi Arm- strong at the mailing or email address specified above. A V AILABILITY OF DOCUMENTS Copies of the Notice of Proposed Action and other in- formation related to this regulatory action can be ac- cessed through our website at calcannabis.cdfa.ca.gov. TITLE 3.

DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture proposes to repeal Sections 3262 and 3400 of Title 3 of the Califor- nia Code of Regulations (CCR) pertaining to Peach Mosaic Disease Exterior Quarantine and Peach Mosaic Disease Interior Quarantine. PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or her duly authorized representative, submits a written re- quest for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulations to the Department. Comments may be submitted by USPS, FAX or email. The written comment period closes on April 6, 2020. The Depart- 251

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z ment will consider only comments received at the De- partment offices by that time or postmarked no later than April 6, 2020.

Submit comments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Unless there are substantial changes to the proposed regulations prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public.

Follow- ing the public hearing if one is requested or following the written comment period if no public hearing is re- quested, the Department of Food and Agriculture, at its own motion, or at the instance of any interested person, may adopt the proposal substantially as set forth with- out further notice.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Existing law provides that the Secretary is obligated to investigate the existence of any pest that is not gener- ally distributed within this state and determine the prob- ability of its spread and the feasibility of its control or eradication (Food and Agricultural Code (FAC) Sec- tion 5321). Existing law also provides that the Secretary may es- tablish, maintain and enforce quarantine, eradication and other such regulations as she deems necessary to protect the agricultural industry from the introduction and spread of pests (FAC Sections 401, 403, 407 and 5322).

Anticipated Benefits from This Regulatory Action The existing law obligates the Secretary to investi- gate and determine the feasibility of controlling or erad- icating pests of limited distribution, but establishes dis- cretion with regard to the establishment and mainte- nance of regulations to achieve this goal. The Peach Mosaic Disease quarantines were promulgated in the 1930’s after an outbreak of the disease occurred in Southern California and several other states. State, county and University of California scientists have no records of the disease in California within the last sever- al decades.

It is likely that the disease was eradicated from California in the 20th century. The exterior quarantine prohibits the movement of “all species including the flowering forms of almond, apricot, nectarine, peach, plum and prune trees” from portions of Colorado, Oklahoma, Texas and all of Ari- zona and New Mexico. The interior quarantine pro- hibits the movement of “all species including the flow- ering forms of almond, apricot, nectarine, peach, plum and prune trees” from San Diego County and portions of Los Angeles, Riverside and San Bernardino coun- ties.

The regulations allow for movement of prohibited material through the use of a permit. To date, no permits have been issued to comply with the regulations’ requirements. There has been no incidence of the disease in the reg- ulated states. Due to the lack of enforcement and appar- ent eradication of the disease, the Department is repeal- ing these regulations. Furthermore, the Principles of Plant Quarantine, adopted by the National Plant Board, advises that a quarantine be repealed once it has reached its objective (http://nationalplantboard.org/history− and−principles/).

This proposed repeal of the Peach Mosaic Disease Exterior Quarantine benefits interstate shippers of host commodities and regulated articles which would other- wise face unfair interstate commerce restrictions. The proposed repeal of the Peach Mosaic Disease Interior Quarantine benefits counties that are currently quaran- tined by eliminating the requirement to perform inspec- tions and certifications for the regular movement of reg- ulated nursery stock.

The repeal of both will benefit nurseries shipping regulated material from within the quarantine by not having to hold their material for prop- er certification. Additionally, counties currently receiv- ing regulated material will benefit by not being required to enforce the quarantine. The proposed repeal of these regulations ensures the orderly marketing of nursery stock and improves access to safe, healthy food for the general public. There is no existing, comparable federal regulation or statute regulating the interstate movement.

The Department considered other possible related regulations in this area, and found that these are the only regulations dealing in this subject area, and the only State agency that can implement plant quarantines is the Department. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of these regulations and has determined that it is not inconsistent or incompatible with existing state regulations. REPEALED TEXT This proposed repeal of the regulations would re- move the exterior quarantine and interior quarantine currently in place for the Peach Mosaic Disease. 252

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies and school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None and no nondiscre- tionary costs or savings to local agencies or school districts. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action. Small Business Determination The Department has determined that the proposed regulations should not affect small businesses because the repeal of these regulations removes all regulatory requirements and there are no costs associated with compliance.

Significant effect on housing costs: None. Results of the Economic Impact Analysis Amendment of these regulations will not:

(1) Create or eliminate jobs within California;

(2) Create new businesses or eliminate existing businesses within California; or

(3) Affect the expansion of businesses currently doing business within California The Department is not aware of any specific benefits the amendment of these regulations will have on worker safety. The proposed repeal of these regulations ensures the orderly marketing of nursery stock and improves ac- cess to safe, healthy food for the general public.

ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative it considered to the regulations or that has otherwise been identified and brought to its attention would either be more effective in carrying out the pur- pose for which the action is proposed or would be as ef- fective and less burdensome to affected private persons than the proposed action or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law than the proposal described in this Notice.

Alternative approaches would not be in line with the National Plant Board’s Principles of Plant Quarantine. It is the Department’s responsibility to remove a quar- antine that has reached its objective. AUTHORITY The Department proposes to repeal CCR Sections 3262 and 3400 pursuant to the authority vested by Sec- tions 407, 5301, and 5302 of the Food and Agricultural Code. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5301 and 5302 of the Food and Agricultural Code.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed to is: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In his absence, you may contact Rachel Avila at (916) 403−6813.

Questions regarding the substance of the proposed regulations should be directed to Rachel Avila. INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its website (www.cdfa.ca.gov/plant/Regulations.html). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed actions, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request. The loca- 253

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z tion of the information on which the proposal is based may also be obtained upon request. In addition, when completed, the final statement of reasons will be avail- able upon request. Requests should be directed to the contact named herein. If the regulations adopted by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of adoption.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 4. BUREAU OF HOUSEHOLD GOODS AND SERVICES Substantial Relationship Criteria,

section 1380 Criteria for Rehabilitation,

section 1381 California Code of Regulations, Title 4, Division 3 NOTICE IS HEREBY GIVEN that the Bureau of Household Goods and Services (Bureau) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the indi- viduals listed under “Contact Person” in this Notice. COMMENT PERIOD Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no later than Monday, April 6, 2020, or must be received by the Bureau at any scheduled hearing. Oral comments should be made at the hearing, if any.

A V AILABILITY OF MODIFICATIONS The Bureau, upon its own motion or at the insistence of any interested party, may thereafter adopt the propos- als substantially as described below or may modify such proposals if such modifications are sufficiently re- lated to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adop- tion from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 481, 482, 493, and 19034 of the Business and Professions Code (BPC), and to implement, interpret, or make specific BPC sections 141, 475, 480, 481, 482, 485, 488, 490, 492, 493, 19063, 19064, 19209, and 19210 of said code, the Bureau is considering amending sections 1380 and 1381 of

Article 15 of Division 3 of Title 4 of the Califor- nia Code of Regulations (CCR). INFORMATIVE DIGEST Business and Professions Code

section 19034 autho- rizes the Bureau to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to en- able it to carry into effect the provisions of the Home Furnishings and Thermal Insulation Act (Act). Busi- ness and Professions Code

section 141 defines the man- ner in which record of a disciplinary action taken against a licensee by another state, an agency of the fed- eral government, or another country may be used in a disciplinary action by the Bureau. Additionally, as re- quired under Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), the primary purpose of this pro- posal is to implement, interpret, and make specific the provisions of BPC sections 141, 475, 480, 481, 482, 485, 488, 490, 492, 493, 19063, 19064, 19209, and 19210, relative to substantial relationship and rehabili- tation criteria in the use of criminal history, disciplinary history, professional misconduct, or prior acts evidence in initial licensing approvals or denials.

The Bureau is also implementing, interpreting, and making specific the provisions of BPC sections 141, 9841, and 9848, which apply to decisions to suspend, revoke, or disci- pline licensees, to apply a consistent procedure to those decisions. The Bureau is proposing the following changes: Amend CCR

section 1380 of

Article 15 of Division 3 of Title 4 of the CCR (Substantial Relationship Criteria): The proposed regulation, for purposes of denial, sus- pension, or revocation of a license, would add profes- sional misconduct and out−of−state discipline as grounds requiring the Bureau to consider substantially related criteria and require the Bureau, in making the substantial relationship determination for a crime, to consider the following criteria: (1) the nature and gravi- ty of the offense; (2) the number of years elapsed since 254

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z the date of the offense; and (3) the nature and duties of a person holding the license. This proposal would also add that substantially related crimes, professional mis- conduct, or acts would include violating other state or federal laws relating to the practice of a licensee under the Act. Amend CCR

section 1381 of

Article 15 of Division 3 of Title 4 of the CCR (Criteria for Rehabilitation): The proposed regulation would clarify that when considering a license denial or discipline on the ground that the applicant or licensee was convicted of a crime, the Bureau would have to determine whether the appli- cant or licensee made a showing of rehabilitation and is presently eligible for a license, if the applicant or li- censee completed the criminal sentence without a viola- tion of parole or probation.

In making that determina- tion, the proposal would require the Bureau to consider the nature and gravity of the crime, the length of the pa- role or probation period, the extent to which the parole or probation period was shortened or lengthened and the reasons therefor, the terms or conditions of parole or probation and the extent to which they bear on the appli- cant’s or licensee’s rehabilitation, and the extent to which the terms or conditions of parole were modified, and why.

The proposal would require a broader set of re- habilitation criteria to be considered for applicants and licensees who did not complete the criminal sentence without a violation of parole or probation, did not suffi- ciently demonstrate their rehabilitation under the nar- rower set of criteria, or when the denial or discipline was based on something other than a conviction.

POLICY STATEMENT OVERVIEW/ANTICIPATED BENEFITS OF PROPOSAL As specified in the legislative analyses of AB 2138, this proposal seeks to reduce barriers to licensure for in- dividuals with prior criminal convictions, which may reduce recidivism and provide economic opportunity to California’s residents. In addition to meeting the re- quirements of AB 2138, this proposal seeks to improve clarity, transparency, and consistency for applicants and licensees regarding the Bureau’s use of their criminal histories.

Further, by reducing barriers to licensure, the Bureau anticipates benefits to consumers who may have increased access to products and services that li- censees provide. Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations of these topics and has conclud- ed that these regulations are neither inconsistent nor in- compatible with existing state regulations.

FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies: The Bureau anticipates there may be an increased cost of the state as a result of amending and adopting the sections identified in the regulatory proposal. By fur- ther defining the substantial relationship and rehabilita- tion criteria for criminal convictions, Bureau staff may see an increased workload to research convictions and to substantiate that rehabilitation has been achieved, which is anticipated to be absorbable within existing re- sources. Cost or Savings in Federal Funding to the State: None.

Nondiscretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None. Business Impact: The Bureau has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states.

The Bureau has determined this regulatory proposal may have a positive impact on the creation of jobs and new businesses by reducing licensing and employment barriers for people who are rehabilitated, will not result in the elimination of jobs or existing businesses, and have no impact on expansion of businesses in the State of California. Cost impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action.

The Bureau estimates that there will be no in- creased costs for businesses or individuals to comply with the proposed regulations, as there would be fewer restrictions for individuals with criminal convictions to obtain licensure. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The proposed regulations may affect small business- es that would otherwise not qualify for a license, how- ever, the Bureau is unaware of the number of potential 255

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z small businesses that would be impacted by this regula- tory proposal. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal may have a positive impact on the creation of jobs and new businesses by reducing licensing and employ- ment barriers for people who are rehabilitated, will not result in the elimination of jobs or existing businesses, and have no impact on the expansion of businesses in the State of California.

Benefits of Regulation: The Bureau has determined that this proposal may benefit individuals, who would have greater access to licensure, reduce criminal recidivism, and provide eco- nomic opportunity to California residents with a crimi- nal history. The public may benefit from the proposal with increased access to licensed professionals, which may benefit the health and welfare of California’s con- sumers. Home Furnishings and Thermal Insulation businesses may benefit as they would have a larger pool of licensed professionals from which to hire.

The regu- latory proposal does not affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro- posal described in this Notice, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

The following alternatives were considered:  Option 1: To pursue a regulatory change that requires the Bureau to find rehabilitation if the applicant or licensee completed their terms of their criminal probation or parole. Courts give little weight to the fact that an applicant or licensee did not commit additional crimes or continue addictive behavior while in prison or while on probation or parole since they are under the direct supervision of correctional authorities and are required to behave in an exemplary fashion.

As such, the Bureau believes reviewing each individual on the basis of multiple criteria is the better indicator whether individuals are rehabilitated and not a danger to the public’s health, safety, and welfare. For these reasons, the Bureau rejected this option.  Option 2: Do nothing, meaning the Bureau would not adopt the regulations. The Bureau opted not to pursue this option because per AB 2138, the Bureau is mandated to adopt proposed regulations by July 1, 2020.

Any interested person may submit comments to the Bureau in writing relevant to the above determinations at 4244 South Market Court, Suite D, Sacramento, Cali- fornia 95834. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained upon request from the Bureau at 4244 South Market Court, Suite D, Sacramento, California 95834. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below.

You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the Contact Person named below or by access- ing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rule- making may be addressed to: Name: Yeaphana La Marr, Policy Manager Address: Bureau of Household Goods and Services 4244 South Market Court, Suite D Sacramento, CA 95834 256

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z Telephone Number: (916) 999−2090 Fax Number: (916) 999−7279 E−Mail Address: Yeaphana.LaMarr@dca.ca.gov The backup contact person is: Name: Diana Godines, Policy Manager Address: Bureau of Household Goods and Services 4244 South Market Court, Suite D Sacramento, CA 95834 Telephone Number: (916) 999−2068 Fax Number: (916) 999−7279 E−Mail Address: Diana.Godines@dca.ca.gov Website Access: Materials regarding this proposal can be found at www.bhgs.dca.ca.gov. TITLE 4. CALIFORNIA HORSE RACING BOARD DIVISION 4.

CALIFORNIA CODE OF REGULATIONS NOTICE OF PROPOSAL TO ADD RULE 1846.1 VETERINARY RECORDS FOR HORSE SHIPPING INTO AN INCLOSURE TO RACE The California Horse Racing Board (Board) propos- es to add the regulation described below after consider- ing all comments, objections or recommendations re- garding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to add Board Rule 1846.1, Vet- erinary Records for Horses Shipping into an Inclosure to Race, to require that the trainer of a horse that has not been stabled at a facility under the jurisdiction of the Board for 30 days prior to a race, or for 30 days prior to working off the Veterinarian’s List, as defined in Rule 1866, Veterinarian’s List, submit to the official veteri- narian the previous 30−day veterinary treatment record.

The proposed regulation lists what the treatment record shall include and provides that if the trainer fails to sub- mit accurate and complete veterinary treatment records, he or she shall face disciplinary action. PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Wednesday, April 22, 2020, or as soon after that as business before the Board will permit, at the Depart- ment of Consumer Affairs, 1625 N Market Blvd, 1st Floor hearing Room, Sacramento, California.

At the hearing, any person may present statements or argu- ments orally or in writing about the proposed action de- scribed in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony. WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tative, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes on April 6, 2020. The Board must receive all comments at that time; however, written comments may still be submitted at the public hearing.

Submit comments to: Zachary V oss, Regulation Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6036 Fax: (916) 263−6022 E−mail: zavoss@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440 and 19562, Business and Professions Code (BPC). Reference: Sections 19440 and 19562, BPC. BPC

section 19440 authorizes the Board to adopt the proposed regulation, which would implement, interpret or make specific

section 19562 of the BPC. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BPC

section 19440 provides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of

Chapter 4, of the BPC regarding horse racing. Responsibilities of the Board shall include, but not be limited to, adopting rules and regulations for the protection of the public and the control of horse racing and pari−mutuel wagering. BPC

section 19562 states the Board may prescribe rules, reg- ulations and conditions under which all horse races with wagering on their results shall be conducted in California. The proposed addition of Board Rule 1846.1, Veteri- nary Records for Horses Shipping into an Inclosure to 257

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z Race, will require that the trainer submit to the official veterinarian the previous 30−day veterinary treatment record of a horse if the horse has not been stabled at a fa- cility under the jurisdiction of the Board for 30 days pri- or to a race, or for 30 days prior to working off the Vet- erinarian’s List. The veterinary record shall include the name of the horse, any medication, drug, substance or procedure administered or prescribed during the previ- ous 30 days and the name of the prescribing veterinari- an.

The veterinary record shall be considered confiden- tial and cannot be disclosed except in a proceeding be- fore the stewards or the Board. Failure to provide accu- rate and complete veterinary records shall result in dis- ciplinary action. Subsection 1846.1(

a) provides for submittal of a 30−day previous veterinary treatment record by the trainer to the official veterinarian if a horse has either not been stabled at a facility under the jurisdiction of the Board for 30 days prior to a race or has not been stabled at a facility under the jurisdiction of the Board for 30 days prior to working off the Veterinarian’s List. The Board has determined that a 30−day veterinary record is necessary to ensure that a sufficiently long veterinary history is available to the official veterinarian to make informed decisions on racing soundness.

Access to the veterinary record can be particularly important in in- stances where a horse has been trained off the grounds of a Board−licensed facility under the care or direction of the owner, and then shipped in a day or two before a race and placed with a trainer who had little or no in- volvement in the prior care of the horse. The trainer who receives the horse may have little or no knowledge of the horse’s veterinary care prior to it being shipped onto the grounds of the race track. Access to the 30−day vet- erinary treatment record provides a greater picture of overall horse health.

The Board has determined that ac- cess to the 30−day veterinary treatment record will en- hance the official veterinarian’s ability to make critical decisions about a horse’s racing soundness, thereby safeguarding the health and welfare of race horses and jockeys/drivers.

Subsections (a)(1) through (a)(3) of the proposed Board Rule 1846.1 provide for the inclusion within the treatment record of the following: the name of the horse treated so that the official veterinarian can verify the horse under examination matches the records, any med- ication, drug, substance, or procedure administered or prescribed by a veterinarian during the previous 30 days so that the official veterinarian has access to a complete veterinary treatment history from the previous 30 days, and the name of the prescribing veterinarian in order to allow for dialogue, if necessary, between the prescrib- ing veterinarian and the official veterinarian.

Subsection 1846.1(

b) of the proposed Board Rule 1846.1 states that any such treatment record is confi- dential. The veterinary medical records of horses ship- ping into an inclosure are the property of the horse own- er. Though this information is confidential, the Board is permitted access when complying with state law or reg- ulation during proceedings before the stewards or the Board, or in exercise of the Board’s jurisdiction. Subsection 1846.1(

c) of the proposed Board Rule 1846.1 provides for disciplinary action if a trainer fails to provide accurate and complete veterinary treatment records. Accurate and complete veterinary treatment records are critical when veterinarians and trainers are making decisions about medical treatments or assessing potential injuries to a horse, especially when they are not familiar with a horse, as is often the case when hors- es have not been stabled at a facility under the jurisdic- tion of the Board and are shipped in to race.

POLICY STATEMENT OVERVIEW OF ANTICIPATED BENEFITS OF PROPOSAL The proposed addition of Board Rule 1846.1 will have the benefit of helping to ensure the health and wel- fare of the race horse, and by extension the health and safety of those who exercise, train or ride the horse in a race. Ensuring that official veterinarians have access to veterinary records of horses shipping into the inclosure means that such veterinarians are better equipped to de- termine the soundness of the horses for racing or train- ing.

The proposed regulation will also facilitate dia- logue between the private practice veterinarian and the official veterinarian. In cases where a horse has been trained off the grounds of a Board−licensed facility and then shipped in a day or two before a race and placed with trainers who have had little or no involvement in the prior care of the horse, access to the veterinary records will have the benefit of providing a greater pic- ture of the overall horse health.

CONSISTENCY EV ALUATION During the process of developing the proposed addi- tion of Board Rule 1846.1, the Board has conducted a search of any similar regulation on this topic and has concluded that the regulation is neither inconsistent nor incompatible with existing state regulations. DISCLOSURE REGARDING THE PROPOSED ACTION/RESULTS OF THE ECONOMIC IMPACT ANALYSIS Mandate on local agencies and school districts: none. 258

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code (GC) sections 17500 through 17630: none. Other non−discretionary costs or savings imposed upon local agencies: none. Cost or savings in federal funding to the state: none.

The Board has made an initial determination that the proposed addition of Board Rule 1846.1 will not have a significant statewide adverse economic impact directly affecting businesses including the ability of California businesses to compete with businesses in other states. The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with pro- posed action.

Significant effect on housing costs: none. RESULT OF ECONOMIC IMPACT ANALYSIS The results of the Board’s Economic Impact Assessment as required by GC

section 11346.3(

b) are as follows: The adoption of the proposed addition of Board Rule 1846.1 will not (1) create or eliminate jobs within Cali- fornia; (2) create new businesses or eliminate existing businesses within California; or (3) expand businesses currently doing businesses in California. The proposed addition of Board Rule 1846.1 promotes the safety and welfare of all horses participating in recognized race meetings. The proposed addition will ensure that the of- ficial veterinarian has the information to effectively de- termine if a horse is sound for racing, thereby promot- ing the safety of both the horse and rider.

The proposed addition of Board Rule 1846.1 provides access to vet- erinary treatment records by the official veterinarian, enabling dialogue between the private practice veteri- narian and the regulatory veterinarian and providing a greater picture of overall horse health. The proposed addition of Board Rule 1846.1 will benefit worker safety in that it will allow access to addi- tional medical and treatment information regarding the health of a horse with which official veterinarians are better able to evaluate horses for racing and training soundness.

This will, in turn, better protect the jockeys and other workers at the race track by ensuring that the horses are medically sound prior to running in a race. The proposed addition of Board Rule 1846.1 will not benefit the state’s environment. Effects on small busi- ness: none. The proposal to add Board Rule 1846.1 does not affect small business because horse racing is not a small business under GC

section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with GC

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable al- ternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in carrying out the pur- pose for which the action is proposed, or would be as ef- fective and less burdensome on affected private persons than the proposed action, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Zachary V oss, Regulation Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6036 Fax: (916) 263−6022 E−mail: zavoss@chrb.ca.gov If the person named above is not available, interested parties may contact: Amanda Drummond, Policy and Regulations Man- ager California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6033 Fax: (916) 263−6022 E−mail: amdrummond@chrb.ca.gov A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of 259

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, and the initial statement of rea- sons. Copies may be obtained by contacting Zachary V oss, or the alternative contact person at the address, phone number or e−mail address listed above. A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Zachary V oss at the address stated above. The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available.

A V AILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulation in its current or modified form, should be sent to the attention of Zachary V oss at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its web site. The rulemaking file consists of the no- tice, the proposed text of the regulation and the initial statement of reasons. The Board’s website address is: www.chrb.ca.gov. TITLE 11.

DEPARTMENT OF JUSTICE The Department of Justice (Department) proposes to amend sections 4261 and 4263 of Title 11, Division 5,

Chapter 10, of the California Code of Regulations con- cerning the licensure of ammunition vendors after con- sidering all comments, objections, and recommenda- tions regarding the proposed action. PUBLIC HEARING The Department has not scheduled a public hearing on this proposed regulatory action. However, the De- partment will hold a hearing if it receives a written re- quest for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or their authorized representa- tive may submit written comments relevant to the pro- posed regulatory action. The written comment period closes at 5:00 p.m. on April 7, 2020. Only comments re- ceived by that time will be considered. Written com- ments must be submitted to: Kamran Ali Bureau of Firearms Division of Law Enforcement Department of Justice P.O. Box 160487 Sacramento, CA 95816−0487 Phone: 916−227−5419 Email: bofregulations@doj.ca.gov AUTHORITY AND REFERENCE Authority: Sections 30385, 30390 and 30395, Penal Code.

Reference: Sections 30342, 30385, 30390 and 30395, Penal Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Proposition 63, “The Safety for All Act of 2016,” was passed by California voters in 2016. The act added sec- tions 30342 and 30385 to the Penal Code, requiring the Department to issue an ammunition vendor license (A VL) to ammunition vendors who sell more than 500 rounds of ammunition in any 30−day period beginning January 1, 2018. Existing regulations establish the process for of obtaining an A VL.

This rulemaking action clarifies the requirements for an ammunition vendor to maintain a valid A VL with the Department. To obtain an A VL, Penal Code

section 30395 requires ammunition vendors to provide to the Department, among other things, a copy of “any regula- tory or business license required by local government” and a “federal firearms license if the person is federally licensed.”

Section 4260 of the Department’s existing regulations restate the requirements of obtaining an AVL in Penal Code

section 30395. (Cal. Code Regs., tit. 11,

section 4260.)

Section 4261 implements Penal Code

section 30395 by requiring ammunition vendors, as a condition of maintaining a valid A VL, to provide a copy of a renewed local regulatory or business license, or a 260

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z renewed federal firearms license “within 30 days of” the expiration of the current local or federal license. After discussions with stakeholders, it was made ap- parent to the Department that there was confusion among ammunition vendors as to when the required copy of renewal documentation must be submitted to the Department. Vendors were under the impression that they must submit the copies of renewals 30 days be- fore their current permit and licenses expired. However, many local licensing agencies will only renew licenses after they expire. This led some vendors to believe they were unable to comply with

section 4261 because they were not able to submit the appropriate renewed licens- es before they expire. While the current regulations allow vendors to sub- mit the required copies of licenses 30 days before and after they expire, the regulations proposed in this rule- making action seek to clarify the requirements for an ammunition vendor to maintain a valid A VL. This in- cludes requiring copies of renewals, as specified in sec- tion 4260, to be submitted to the Department “no later than 30 days” after the expiration of each permit and li- cense, and to clarify that ammunition vendors must maintain an active Certificate of Eligibility, pursuant to Penal Code

section 30395, in order to maintain an A VL. Anticipated Benefits of the Proposed Regulations Regulating the sale and transfer of ammunition pro- tects public health and safety by keeping ammunition out of the hands of persons who are prohibited under state and federal law from possessing firearms or am- munition. The proposed regulations will enable Cali- fornia ammunition vendors to comply with statutorily mandated licensing requirements for the sale of ammu- nition by clarifying the timeframe to submit licenses and permit renewals to the Department.

This will pre- vent confusion among vendors that are unsure as to when to submit their renewal documentation to the De- partment. This will also result in vendors being able to renew their A VLs in a timely manner and prevent them from expiring. Evaluation of Inconsistency/Incompatibility with Existing State Regulations Pursuant to Government Code

section 11346.5, sub- division (a)(3)(D), the Department must evaluate whether the proposed regulations are inconsistent or in- compatible with existing state regulations. Pursuant to this evaluation, the Department has reviewed existing regulations pertaining to firearms within CCR Title 11, Division 5 and determined these proposed regulations are not inconsistent or incompatible. This determina- tion is based on the fact that the proposed regulations amend existing regulations to clarify the requirements to maintain a valid A VL.

Comparable Federal Regulations The proposed action does not differ substantially from an existing comparable federal regulation or statute. The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code sections 17500 through 17630: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Although the proposed action will directly affect businesses statewide, including some small businesses, the Department concludes the adverse economic im- pact, including the ability of California businesses to compete with businesses in other states, will not be significant. Business report requirement: None. Significant effect on housing costs: None.

Other matters prescribed by statute applicable to the agency or to any specific regulation or class of regula- tions: None. Results of the Economic Impact Assessment The Department concludes it is unlikely the proposed regulations will affect (1) the creation or elimination of jobs within the state, (2) the creation of new businesses or the elimination of existing businesses within the state, or (3) the expansion of businesses currently doing business within the state.

These regulations will benefit ammunition vendors because they will have better understanding as to when to submit copies of renewals to the Department, allow- ing them to maintain a valid A VL and to sell ammuni- tion to California residents. Cost Impacts on Representative Person or Business: The Department is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action. Small Business Determination: The Department has determined the proposed regulations will not affect small business.

This determination is based on the fact 261

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z that these regulations clarify the requirements for a small business to maintain a valid A VL. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Department must determine that no reasonable alternative it considered or that has other- wise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro- posed action, or would be more cost−effective to affect- ed private persons and equally effective in implement- ing the statutory policy or other provision of law.

Any person interested in presenting statements or ar- guments with respect to alternatives to the proposed regulations may do so at the hearing, if one is scheduled, or during the written comment period. CONTACT PERSONS Kamran Ali Department of Justice Bureau of Firearms P.O. Box 160487 Sacramento, CA 95816−0487 Email: bofregulations@doj.ca.gov Telephone: (916) 227−5419 The back−up contact person for these inquiries is: Kelan Lowney Department of Justice Bureau of Firearms P.O.

Box 160487 Sacramento, CA 95816−0487 Email: bofregulations@doj.ca.gov Telephone: (916) 227−7615 A V AILABILITY OF RULEMAKING FILE INCLUDING THE INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department will have the entire rulemaking file available for inspection and copying throughout the rulemaking process. The text of the proposed regula- tions (the “express terms”), the Initial Statement of Rea- sons, and the information upon which the proposed rulemaking is based are available on the DOJ website at https://oag.ca.gov/firearms/regs. Copies may also be obtained by contacting Kamran Ali.

A V AILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received, DOJ may adopt the proposed regulations sub- stantially as described in this notice. If DOJ makes modifications which are sufficiently related to the origi- nally proposed text, DOJ will make the modified text (with the changes clearly indicated) available to the public for at least 15 days and accept written comments before DOJ adopts the regulations. Copies of any modi- fied text will be available on the DOJ website at https://oag.ca.gov/firearms/regs.

A written copy of any modified text may be obtained by contacting Kamran Ali. A V AILABILITY OF FINAL STATEMENT OF REASONS Upon completion, the Final Statement of Reasons will be available on the DOJ website at https://oag.ca. gov/firearms/regs. You may also obtain a written copy of the Final Statement of Reasons by contacting Kam- ran Ali.

A V AILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Rulemaking, the Initial Statement of Reasons, and the text of the regula- tions in underline and strikeout format, as well as the Fi- nal Statement of Reasons once completed, can be ac- cessed through the DOJ website at https://oag.ca.gov/ firearms/regs. TITLE 15. DEPARTMENT OF CORRECTIONS AND REHABILITATION NOTICE IS HEREBY GIVEN that the Secretary of the California Department of Corrections and Rehabili- tation (CDCR or Department), proposes to amend Sec- tions 3287 into Title 15, Division 3,

Chapter 1, regard- ing Cell, Property and Body Inspections. PUBLIC HEARING Date and Time: April 8, 2020 — 9:00 a.m. Place: Department of Corrections and Rehabilitation Conference Room 100N 1515 S Street — North Building Sacramento, CA 95811 Purpose: To receive comments about this action. 262

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z PUBLIC COMMENT PERIOD The public comment period begins February 21, 2020 and closes on April 8, 2020 at 5:00 p.m. Any per- son may submit written comments by mail addressed to the primary contact person listed below, or by email to rpmb@cdcr.ca.gov, before the close of the comment pe- riod. For questions regarding the subject matter of the regulations, call the program contact person listed below. CONTACT PERSONS Primary Contact R. Ruiz Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O.

Box 942883 Sacramento, CA 94283−0001 Back−Up Y. Sun Telephone: (916) 445−2269 Regulation and Policy Management Branch P.O. Box 942883 Sacramento, CA 94283−0001 Program Contact Bryan Donahoo Division of Adult Institutions (916) 324−1653 AUTHORITY AND REFERENCE Government Code

Section 12838.5 provides that commencing July 1, 2005, CDCR succeeds to, and is vested with, all the powers, functions, duties, responsi- bilities, obligations, liabilities, and jurisdiction of abol- ished predecessor entities, such as: Department of Cor- rections, Department of the Youth Authority, and Board of Corrections. Penal Code (PC)

Section 5000 provides that com- mencing July 1, 2005, any reference to Department of Corrections in this or any code, refers to the CDCR, Di- vision of Adult Operations. PC

Section 5050 provides that commencing July 1, 2005, any reference to the Di- rector of Corrections in this or any other code, refers to the Secretary of the CDCR. As of that date, the office of the Director of Corrections is abolished. PC

Section 5054 provides that commencing July 1, 2005, the supervision, management, and control of the State prisons, and the responsibility for the care, cus- tody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the CDCR. PC

Section 5055 provides that commenc- ing July 1, 2005, all powers and duties previously grant- ed to and imposed upon the Department of Corrections shall be exercised by the Secretary of the CDCR. PC

Section 5058 authorizes the Director to prescribe and amend rules and regulations for the administration of prisons and for the administration of the parole of per- sons. PC

Section 5058.3 authorizes the Director to cer- tify in a written statement filed with Office of Adminis- trative Law that operational needs of the Department re- quire adoption, amendment, or repeal of a regulation on an emergency basis. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current regulations provide for various means of in- spections for illegal drugs and other contraband, includ- ing visual inspections, hand−held detectors, and canine units. This action amends

Section 3287 of the CCR, Ti- tle 15, Division 3 concerning Searches and Inspections to incorporate ION scanners and low−dose, full−body x−ray scanning of inmates. This action will:  Establish regulatory authority for the Department to utilize ION scanners and low−dose, full−body x−ray scanners as inmate search options.  Increase the Department’s ability to discover illegal drugs and contraband that are being introduced into and throughout the institutions.  Enhance the overall safety of the institutions by discovering illegal drugs and contraband before they can be utilized.

DOCUMENTS INCORPORATED BY REFERENCE The American National Standard Institute’s Radia- tion Safety for Personnel Screening Systems Using X−Ray or Gamma Radiation (ANSI/HPS N43.17−2009). SPECIFIC BENEFITS ANTICIPATED BY THE PROPOSED REGULATIONS These regulations may benefit the welfare of Califor- nia residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, safer institutions may provide an environment more con- ducive to rehabilitation, thereby reducing recidivism.

The Department anticipates that these regulations will ultimately reduce the amount of contraband and il- 263

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z legal drugs introduced into and throughout the institu- tions, creating a safer environment for inmates, staff, visitors, contractors and their employees, and volun- teers. The regulations will reduce the strife that is creat- ed when inmates are trying to profit from illegal activi- ties and better allow inmates to focus on rehabilitation, which will result in more productive citizens being re- leased into the community and make the community safer as a whole.

EV ALUATION OF CONSISTENCY/COMPATIBILITY WITH EXISTING LAWS AND REGULATIONS Pursuant to Government Code 11346.5(a)(3)(D), the Department has determined the proposed regulations are not inconsistent or incompatible with existing regu- lations. Pursuant to Government Code 11346.5(a)(3)(D), the Department has determined the proposed regulations are not inconsistent or incompati- ble with existing regulations. After conducting a re- view, the Department has concluded that these are the only regulations that concern cell, body, and property inspections in Department facilities.

LOCAL MANDATES This action imposes no mandates on local agencies or school districts, or a mandate which requires reim- bursement of costs or savings pursuant to Government Code Sections 17500−17630. FISCAL IMPACT STATEMENT  Cost or savings to any state agency: None.  Cost to any local agency or school district that is required to be reimbursed: None.  Other nondiscretionary cost or savings imposed on local agencies: None.  Cost or savings in federal funding to the state: None.

EFFECT ON HOUSING COSTS The Department has made an initial determination that the proposed action will have no significant effect on housing costs. COST IMPACTS ON REPRESENTATIVE PRIV ATE PERSONS OR BUSINESSES The Department is not aware of any cost impacts that a representative private person or business would nec- essarily incur in reasonable compliance with the pro- posed action.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT ON BUSINESS The Department has made an initial determination that the proposed regulations will not have a significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states, because the proposed regulations place no obligations or require- ments on any business. EFFECT ON SMALL BUSINESSES The Department has determined that the proposed regulations will not affect small businesses.

This action has no significant adverse economic impact on small business because they place no obligations or require- ments on any business. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department has determined that the proposed regulation will have no effect on the creation of new, or the elimination of existing, jobs or businesses within California, or effect the expansion of businesses cur- rently doing business in California. The Department has determined that the proposed regulation will have no effect on worker safety or the state’s environment.

These regulations may benefit the welfare of California residents by helping to make CDCR institutions safer for inmates, staff, and visitors. Additionally, safer insti- tutions may provide an environment more conducive to rehabilitation, thereby reducing recidivism.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative considered by the Department or that has otherwise been identified and brought to the attention of the Department would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private per- sons than the proposed regulatory action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provisions of law.

Interested persons are invited to present statements or arguments with respect to any alternatives to the changes proposed at the scheduled hearing or during the written comment period. A V AILABILITY OF PROPOSED TEXT AND INITIAL STATEMENT OF REASONS The Department has prepared and will make avail- able the text and the Initial Statement of Reasons 264

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z (ISOR) of the proposed regulations. The rulemaking file for this regulatory action, which contains those items and all information on which the proposal is based (i.e., rulemaking file) is available to the public upon re- quest directed to the Department’s contact person. The proposed text, ISOR, and Notice of Proposed Action will also be made available on the Department’s web- site: www.cdcr.ca.gov.

A V AILABILITY OF THE FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons may be obtained from the Depart- ment’s contact person. A V AILABILITY OF CHANGES TO PROPOSED TEXT After considering all timely and relevant comments received, the Department may adopt the proposed regu- lations substantially as described in this Notice.

If the Department makes modifications which are sufficient- ly related to the originally proposed text, it will make the modified text, with the changes clearly indicated, available to the public for at least 15 days before the De- partment adopts, amends or repeals the regulations as revised. Requests for copies of any modified regulation text should be directed to the contact person indicated in this Notice. The Department will accept written com- ments on the modified regulations for at least 15 days after the date on which they are made available. TITLE 16.

BUREAU OF AUTOMOTIVE REPAIR NOTICE OF PROPOSED REGULATORY ACTION AND PUBLIC HEARING CONCERNING REHABILITATION AND SUBSTANTIAL RELATIONSHIP CRITERIA NOTICE IS HEREBY GIVEN that the Department of Consumer Affairs, Bureau of Automotive Repair (hereinafter “Bureau” or “BAR”) is proposing to take the actions described in the Informative Digest below, after considering all comments, objections, and recom- mendations regarding the proposed action. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action.

However, the Bureau will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the indi- viduals listed under “Contact Person” in this Notice.

WRITTEN COMMENT PERIOD Written comments relevant to the proposed regulato- ry action, including those sent by mail, facsimile, or e−mail to the addresses listed under Contact Person in this Notice, to be considered by the Bureau, must be re- ceived by the Bureau at its office no later than 11:59 p.m. on Monday, April 6, 2020, or must be received by the Bureau at the above referenced hearing, if one is held.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 481, 482, 493, 9882, and 9884.19 of the Business and Professions Code (BPC), and to implement, interpret, or make spe- cific BPC sections 141, 475−491, 493, and 9884.19 of said code, the Bureau is considering amending sections 3395 and 3395.2 of

article 12 of division 33 of title 16 of the California Code of Regulations (CCR). INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW As required under Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), the primary purpose of this proposal is to implement, interpret, and make spe- cific the provisions of BPC sections 141, 475, 480, 481, 482, 488, 490, 491, and 493, relative to substantial rela- tionship and rehabilitation criteria. The Bureau is proposing the following changes: Amend

section 3395,

Article 12,

Chapter 1, Division 33 of Title 16 of the CCR (Criteria for Rehabilitation): The proposed regulation would clarify that the Bu- reau, when considering a license denial or suspension or revocation on the ground that the applicant, licensee, or registrant was convicted of a crime, would have to find that the applicant or licensee made a showing of rehabil- itation and is presently eligible for a license, if the appli- cant, licensee, or registrant completed the criminal sen- tence without a violation of parole or probation.

The proposal would require a set of rehabilitation criteria to be considered for applicants, licensees, and registrants who had not completed the criminal sentence without a 265

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z violation of parole or probation, did not sufficiently demonstrate their rehabilitation under the narrower set of criteria, or when the denial or discipline was based on something other than a conviction. Amend

section 3395.2,

Article 12,

Chapter 1, Division 33 of Title 16 of the CCR (Substantial Relationship Criteria): The proposed regulation, for purposes of denial, sus- pension, or revocation of a license or registration, would add professional misconduct and out−of−state discipline as grounds requiring the Bureau to consider the substantially related criteria, and require the Bu- reau, in making the substantial relationship determina- tion for a crime, to consider the following criteria: (1) the nature and gravity of the offense; (2) the number of years elapsed since the date of the offense; and (3) the nature and duties of a person holding the license or reg- istration.

The proposal would also add that substantially related crimes, professional misconduct, or acts would include violating other state or federal laws governing the practice of automotive repair. ANTICIPATED BENEFITS OF THE PROPOSED REGULATION As specified in the legislative analyses of AB 2138, this proposal seeks to reduce barriers to licensure for in- dividuals with prior criminal convictions, which may reduce recidivism and provide economic opportunity to California’s residents.

In addition, the proposal seeks to improve clarity, transparency, and consistency for ap- plicants, licensees, and registrants in the Bureau’s use of their criminal histories. Further, by reducing barriers to licensure, the Bureau anticipates benefits to con- sumers who may have greater access to licensed professionals.

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS During the process of developing these regulations and amendments, BAR has conducted a search of any similar regulations on this topic and has concluded that these regulations are neither duplicative, nor inconsis- tent, nor incompatible with existing state regulations. DOCUMENTS INCORPORATED BY REFERENCE None. DISCLOSURES REGARDING THE PROPOSED ACTION M ANDATED BY FEDERAL LAW OR REGULATIONS: No. LOCAL MANDATE: None.

FISCAL IMPACT ESTIMATES COSTS TO ANY LOCAL AGENCY OR SCHOOL DISTRICT FOR WHICH GOVERNMENT CODE SECTIONS 17500−17630 REQUIRE REIMBURSEMENT: None. FISCAL IMPACT ON PUBLIC AGENCIES INCLUDING COSTS OR SA VINGS TO STATE AGENCIES AND COSTS/SA VINGS IN FEDERAL FUNDING TO THE STATE: The Bureau anticipates that the proposed regulatory action will be cost−neutral and that implementation, ad- ministration, and enforcement of the proposed changes to the licensing forms and will be fully absorbed by ex- isting BAR personnel working within existing re- sources.

This proposal will result in no costs or savings in fed- eral funding to the state. NONDISCRETIONARY COSTS/SA VINGS TO LOCAL AGENCIES: None. EFFECT ON HOUSING COSTS: None. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE: None. RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS The Bureau has determined that this regulatory pro- posal will have a minimal impact, if any, on the creation of jobs or new businesses or the elimination of jobs or existing businesses in the State of California.

In addition, the proposed action is not expected to ex- pand or reduce existing business. For more on benefits of the regulatory proposal, see above in this notice. COST IMPACT ON REPRESENTATIVE PRIV ATE PERSON OR BUSINESS: BAR is not aware of any cost impacts that a represen- tative private person or business would necessarily in- cur in reasonable compliance with the proposed action. BUSINESS REPORTING REQUIREMENTS None. 266

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z EFFECT ON SMALL BUSINESS BAR has determined that the proposed regulatory ac- tion will not have a significant effect on small business- es. The regulatory changes do not impose additional re- quirements that impact the conduct of an automotive repair−related business. The regulation will impact small businesses to the extent that individual applicants or licensees are able to be licensed or retain licensure. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a)(13), the Bureau must determine that no rea- sonable alternative that it considered or that has other- wise been identified and brought to the attention of the Bureau would be more effective in carrying out the pur- pose for which it was proposed or would be as effective and less burdensome to affected private persons than the adopted regulation or would be more cost−effective to affected private persons and equally effective in im- plementing the statutory policy or other provision of law.

Any interested person may present statements orally or in writing relevant to the above determinations at the above−mentioned hearing. CONTACT PERSON Inquiries or comments concerning the proposed administrative action may be addressed to: Holly O’Connor Bureau of Automotive Repair 10949 North Mather Blvd. Rancho Cordova, CA 95670 Telephone: (916) 403−8627 E−mail: Holly.OConnor@dca.ca.gov The backup contact person is: Lusine Sarkisyan Bureau of Automotive Repair 10949 North Mather Blvd.

Rancho Cordova, CA 95670 Telephone: (916) 403−8560 E−mail: Lusine.Sarkisyan@dca.ca.gov INITIAL STATEMENT OF REASONS AND INFORMATION BAR has prepared an Initial Statement of Reasons of the proposed action and has available all the informa- tion upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, any document incorporated by reference, the Ini- tial Statement of Reasons, and all of the information up- on which the proposal is based, may be obtained at the hearing or prior to the hearing upon request from the Bureau of Automotive Repair at 10949 North Mather Boulevard, Rancho Cordova, California 95670. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Bureau may adopt the proposed regulations substantially as described in this notice.

If the Bureau makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days be- fore the Bureau adopts the regulations as revised. Please send requests for copies of any modified regulations to the attention of Holly O’Connor at the address indicated above. The Bureau will accept written comments on the modified regulations for 15 days after the date on which they are made available.

A V AILABILITY AND LOCATION OF THE RULEMAKING FILE AND THE FINAL STATEMENT OF REASONS All the information upon which the proposed regula- tions are based is contained in the rulemaking file, which is available for public inspection by contacting the person named above. You may obtain a copy of the Final Statement of Rea- sons, once it has been prepared, by making a written re- quest to the contact person named above, or by access- ing the website listed below. WEBSITE ACCESS Materials regarding this proposal can also be found on BAR’s website at https://www.bar.ca.gov/About_ BAR/Regulatory_Actions.aspx. 267

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z TITLE 16. BUREAU OF HOUSEHOLD GOODS AND SERVICES Substantial Relationship Criteria,

section 2767 Criteria for Rehabilitation,

section 2768 California Code of Regulations, Title 16, Division 27 NOTICE IS HEREBY GIVEN that the Bureau of Household Goods and Services (Bureau) is proposing to take the action described in the Informative Digest. PUBLIC HEARING The Bureau has not scheduled a public hearing on this proposed action. However, the Bureau will hold a hear- ing if it receives a written request for a public hearing from any interested person, or his or her authorized rep- resentative, no later than 15 days prior to the close of the written comment period.

A hearing may be requested by making such request in writing addressed to the indi- viduals listed under “Contact Person” in this Notice. COMMENT PERIOD Written comments, including those sent by mail, fac- simile, or e−mail to the addresses listed under “Contact Person” in this Notice, must be received by the Bureau at its office no later than Monday, April 6, 2020, or must be received by the Bureau at any scheduled hearing. Oral comments should be made at the hearing, if any.

A V AILABILITY OF MODIFICATIONS The Bureau, upon its own motion or at the insistence of any interested party, may thereafter adopt the propos- als substantially as described below or may modify such proposals if such modifications are sufficiently re- lated to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal will be available for 15 days prior to its adop- tion from the person designated in this Notice as the Contact Person and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AUTHORITY AND REFERENCE Pursuant to the authority vested by sections 481, 482, 493, 9814 and 9814.5 of the Business and Professions Code (BPC), and to implement, interpret, or make spe- cific BPC sections 141, 475, 480, 481, 482, 485, 488, 490, 492, 493, 9841, and 9848 of said code, the Bureau is considering amending sections 2767 and 2768 of Ar- ticle 7 of Division 27 of Title 16 of the California Code of Regulations (CCR).

INFORMATIVE DIGEST Business and Professions Code sections 9814 and 9814.5 authorize the Bureau to adopt, amend, or repeal such rules and regulations as may be reasonably neces- sary to enable it to carry into effect the provisions of the Electronic and Appliance Repair Dealer Registration Law (Law). Business and Professions Code

section 141 defines the manner in which record of a disciplinary ac- tion taken against a licensee by another state, an agency of the federal government, or another country may be used in a disciplinary action by the Bureau. Additional- ly, as required under Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), the primary purpose of this proposal is to implement, interpret, and make spe- cific the provisions of BPC sections 475, 480, 481, 482, 485, 488, 490, 492, 493, relative to substantial relation- ship and rehabilitation criteria in the use of criminal his- tory, disciplinary history, professional misconduct, or prior acts evidence in initial licensing approvals or de- nials.

The Bureau is also implementing, interpreting, and making specific the provisions of BPC sections 141, 9841, and 9848, which apply to decisions to sus- pend, revoke, or discipline licensees, to apply a consis- tent procedure to those decisions. The Bureau is propos- ing the following changes: Amend CCR

section 2767 of

Article 7 of Division 27 of Title 16 of the CCR (Substantial Relationship Criteria): The proposed regulation, for purposes of denial, sus- pension, or revocation of a service dealer or service contractor registration, would add professional miscon- duct and out−of−state discipline as grounds requiring the Bureau to consider substantially related criteria and require the Bureau, in making the substantial relation- ship determination for a crime, to consider the follow- ing criteria: (1) the nature and gravity of the offense; (2) the number of years elapsed since the date of the of- fense; and (3) the nature and duties of a registrant.

This proposal would also add that substantially related crimes, professional misconduct, or acts would include violating other state or federal laws relating to the prac- tice of a registrant under the Law. Amend CCR

section 2768 of

Article 7 of Division 27 of Title 16 of the CCR (Criteria for Rehabilitation): The proposed regulation would clarify that, when considering a registration denial or discipline on the ground that the applicant or registrant was convicted of a crime, the Bureau would have to determine whether the applicant or registrant made a showing of rehabilita- 268

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z tion and is presently eligible for a registration if the ap- plicant or registrant completed the criminal sentence without a violation of parole or probation.

In making that determination, the proposal would require the Bu- reau to consider the nature and gravity of the crime, the length of the parole or probation period, the extent to which the parole or probation period was shortened or lengthened and the reasons therefor, the terms or condi- tions of parole or probation and the extent to which they bear on the applicant’s or registrant’s rehabilitation, and the extent to which the terms or conditions of parole were modified and why.

The proposal would require a broader set of rehabilitation criteria to be considered for applicants and registrants who did not complete the criminal sentence without a violation of parole or pro- bation, did not sufficiently demonstrate their rehabilita- tion under the narrower set of criteria, or when the de- nial or discipline was based on something other than a conviction.

POLICY STATEMENT OVERVIEW/ANTICIPATED BENEFITS OF PROPOSAL As specified in the legislative analyses of AB 2138, this proposal seeks to reduce barriers to licensure for in- dividuals with prior criminal convictions, which may reduce recidivism and provide economic opportunity to California’s residents. In addition to meeting the re- quirements of AB 2138, this proposal seeks to improve clarity, transparency, and consistency for applicants and registrants regarding the Bureau’s use of their criminal histories.

Further, by reducing barriers to licensure, the Bureau anticipates benefits to consumers who may have increased access to service dealers and service contractors. Finally, this proposal would allow the Bu- reau to apply its substantial relationship and rehabilita- tion criteria to service contractors.

Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Bureau has conducted a search of any similar regulations of these topics and has conclud- ed that these regulations are neither inconsistent nor in- compatible with existing state regulations. FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies: The Bureau anticipates there may be an increased cost of the state as a result of amending and adopting the sections identified in the regulatory proposal.

By fur- ther defining the substantial relationship and rehabilita- tion criteria for criminal convictions, Bureau staff may see an increased workload to research convictions and to substantiate that rehabilitation has been achieved, which is anticipated to be absorbable within existing re- sources. Cost or Savings in Federal Funding to the State: None. Nondiscretionary Costs/Savings to Local Agen- cies: None. Local Mandate: None. Cost to Any Local Agency or School District for Which Government Code Sections 17500−17630 Re- quire Reimbursement: None.

Business Impact: The Bureau has made an initial determination that the proposed regulatory action would have no significant statewide adverse economic impact directly affecting businesses, including the ability of California business- es to compete with businesses in other states.

The Bureau has determined that this regulatory pro- posal may have a positive impact on the creation of jobs and new businesses by reducing licensing and employ- ment barriers for people who are rehabilitated, will not result in the elimination of jobs or existing businesses, and have no impact on the expansion of businesses in the State of California. Cost Impact on Representative Private Person or Business: The Bureau is not aware of any cost impacts that a representative private person or business would neces- sarily incur in reasonable compliance with the proposed action.

The Bureau estimates that there will be no increased costs for businesses or individuals to comply with the proposed regulations, as there would be fewer restric- tions for individuals with criminal convictions to obtain registrations. Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The proposed regulations may affect small business- es, who would otherwise not qualify for a permit.

Some permit applicants may be small business owners who would have previously been denied registration due to prior crimes or acts under the law as it stood prior to the passage of AB 2138 and the formulation of these pro- posed regulations. Consequently, an unknown number of small businesses may be positively affected by the less restrictive standards established through this pro- posal. However, the Bureau is unaware of the number of potential small businesses that would be impacted by this regulatory proposal. 269

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses: The Bureau has determined that this regulatory pro- posal may have a positive impact on the creation of jobs and new businesses by reducing licensing and employ- ment barriers for people who are rehabilitated, will not result in the elimination of jobs or existing businesses, and have no impact on the expansion of businesses in the State of California.

Benefits of Regulation: The Bureau has determined that this proposal may benefit individuals, who would have greater access to licensure, reduce criminal recidivism, and provide eco- nomic opportunity to California residents with a crimi- nal history. The public may benefit from the proposal with increased access to licensed professionals, which may benefit the health and welfare of California’s con- sumers. Electronics and Appliance Repair businesses may benefit as they would have a larger pool of licensed professionals from which to hire.

The regulatory pro- posal does not affect worker safety or the state’s environment.

CONSIDERATION OF ALTERNATIVES The Bureau must determine that no reasonable alter- native it considered to the regulation or that has other- wise been identified and brought to its attention would be more effective in carrying out the purpose for which the action is proposed, would be as effective and less burdensome to affected private persons than the pro- posal described in this Notice, or would be more cost− effective to affected private persons and equally effec- tive in implementing the statutory policy or other provi- sion of law.

The following alternatives were considered:  Option 1: To pursue a regulatory change that requires the Bureau to find rehabilitation if the applicant or registrant completed their terms of their criminal probation or parole. Courts give little weight to the fact that an applicant or registrant did not commit additional crimes or continue addictive behavior while in prison or while on probation or parole since they are under the direct supervision of correctional authorities and are required to behave in an exemplary fashion.

As such, the Bureau believes reviewing each individual on the basis of multiple criteria is the better indicator whether individuals are rehabilitated and not a danger to the public’s health, safety, and welfare. For these reasons, the Bureau rejected this option.  Option 2: Do nothing, meaning the Bureau would not adopt the regulations. The Bureau opted not to pursue this option because per AB 2138, the Bureau is mandated to adopt proposed regulations by July 1, 2020.

Any interested person may submit comments to the Bureau in writing relevant to the above determinations at 4244 South Market Court, Suite D, Sacramento, Cali- fornia 95834. INITIAL STATEMENT OF REASONS AND INFORMATION The Bureau has prepared an initial statement of the reasons for the proposed action and has available all the information upon which the proposal is based.

TEXT OF PROPOSAL Copies of the exact language of the proposed regula- tions, and any document incorporated by reference, and of the initial statement of reasons, and all of the infor- mation upon which the proposal is based, may be ob- tained upon request from the Bureau at 4244 South Market Court, Suite D, Sacramento, California 95834. A V AILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed regula- tions are based is contained in the rulemaking file which is available for public inspection by contacting the per- son named below.

You may obtain a copy of the final statement of rea- sons once it has been prepared, by making a written re- quest to the Contact Person named below or by access- ing the website listed below. CONTACT PERSON Inquiries or comments concerning the proposed rule- making may be addressed to: Name: Yeaphana La Marr, Policy Manager Address: Bureau of Household Goods and Services 4244 South Market Court, Suite D Sacramento, CA 95834 Telephone Number: (916) 999−2090 270

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z Fax Number: (916) 999−7279 E−Mail Address: Yeaphana.LaMarr@dca.ca.gov The backup contact person is: Name: Diana Godines, Policy Manager Address: Bureau of Household Goods and Services 4244 South Market Court, Suite D Sacramento, CA 95834 Telephone Number: (916) 999−2068 Fax Number: (916) 999−7279 E−Mail Address: Diana.Godines@dca.ca.gov Website Access: Materials regarding this proposal can be found at www.bhgs.dca.ca.gov. TITLE 16.

CEMETERY AND FUNERAL BUREAU DEPARTMENT OF CONSUMER AFFAIRS NOTICE IS HEREBY GIVEN that the Cemetery and Funeral Bureau (hereinafter “Bureau”) is proposing to take the action described in the Informative Digest. Any person interested may present statements or arguments orally or in writing relevant to the action proposed at a hearing to be held at: Cemetery and Funeral Bureau 1625 North Market Boulevard 1st Floor Hearing Room Sacramento, CA 95834 Date: Wednesday, April 8, 2020 Time: 10:00 a.m.−11:00 a.m.

Written comments, including those sent by mail, fac- simile, or e−mail to the address listed under Contact Person in this Notice, must be received by the Bureau at its office not later that 5:00 p.m. on Tuesday, April 7, 2020, or must be received by the Bureau at the hearing. The Bureau, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified pro- posal will be available for 15 days prior to its adoption from the person designated in this Notice as contact per- son and will be mailed to those persons who submit written or oral testimony related to this proposal or who have requested notification of any changes to the pro- posal.

Authority and Reference: Pursuant to the authority vested by sections 481, 482, 493 and 7606 of the Business and Professions Code (BPC), and to implement, interpret or make specific sections 141, 475, 480, 481, 482, 488, 490, 492, 493 and 7606 of said Code, the Bureau is considering changes to Division 23 of Title 16 of the California Code of Regu- lations (CCR) as described in this Notice. INFORMATIVE DIGEST Background: The death care industry transacts business with con- sumers at a time when they are emotionally vulnerable, which is why the Bureau makes consumer protection its highest priority.

The Bureau achieves its goal of con- sumer protection through the following primary meth- ods: issuing and renewing licenses; overseeing funeral and cemetery trust funds; investigating consumer com- plaints; conducting inspections; and disciplining li- censees for violations of its laws and regulations under the Cemetery and Funeral Act (Chapter 12 (commenc- ing with

section 7600) of Division 3 of the Business and Professions Code) (Act), Division 12 (commencing with

section 1202) of Title 16 of the CCR, regulating fu- neral− and embalming−related businesses and profes- sions (the Funeral Regulations), and Division 12 (com- mencing with

section 1202) of Title 16 of the CCR, reg- ulating cemetery−related businesses or professions, cremation− or hydrolysis−related businesses and pro- fessions, and remains disposal (the Cemetery Regulations). In addition, the Bureau licenses, regulates, and inves- tigates consumer complaints against, 13 different li- cense categories in California, totaling approximately 13,500 licensees.

These licensing categories include fu- neral establishments, funeral directors, embalmers, ap- prentice embalmers, cemetery brokers, cemetery bro- ker branch, cemetery broker additional, cemetery sales- persons, cremated remains disposers, crematories, cre- matory managers, hydrolysis facilities, cemetery man- agers, and private, nonreligious cemeteries. BPC

section 7606 authorizes the Bureau to adopt, amend, or repeal such rules and regulations as may be reasonably necessary to enable it to carry into effect the provisions of the Act. Additionally, as required under Assembly Bill (AB) 2138 (Chiu,

Chapter 995, Statutes of 2018), the primary purpose of this proposal is to im- plement, interpret, and make specific the provisions of BPC sections 141, 475, 480, 481, 482, 488, 490, 492, 271

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z and 493 relative to substantial relationship and rehabili- tation criteria. The Bureau is proposing the following changes: Amend Substantial Relationship and Rehabilitation Criteria to Apply to All Licensees under the Cemetery Regulations: The proposed regulation would amend 16 CCR sec- tions 2330 and 2331 to apply to all holders of a license, as defined in BPC

section 23.7, under the Cemetery Regulations, instead of only “cemetery broker[s] or salesperson[s].” Amend 16 CCR

Section 2330 (Substantial Relationship Criteria): 16 CCR

section 2330 establishes the criteria for de- termining whether a crime or act is substantially related to the qualifications, functions, or duties of a cemetery broker or salesperson and therefore grounds for denial, suspension, or revocation of a cemetery broker or sales- person license pursuant to BPC

section 480 or 490. The proposed regulation, for purposes of denial, suspen- sion, or revocation of a license, would expand the appli- cation of this section, as stated above, to include all li- censees, as defined in BPC

section 23.7, under the Cemetery Regulations; clarify that the criteria in this

section also apply to a determination of whether profes- sional misconduct or disciplinary action taken by an- other state, by any agency of the federal government, or by another country, as described in BPC

section 141, are grounds for denial, suspension, and revocation of a li- cense; and require the Bureau, in making the substantial relationship determination for a crime, to consider the following criteria: (1) the nature and gravity of the of- fense; (2) the number of years elapsed since the date of the offense; and (3) the nature and duties of a person holding the license.

The proposal would specify that substantially related crimes, professional misconduct, or acts would include violating or attempting to violate, directly or indirectly, or assisting in or abetting the vio- lation of, or conspiring to violate, any provision of the Act, conviction of crimes or acts involving dishonesty, misrepresentation, fraud, or deceit, and related crimes, as specified, and conviction of any crime or act involv- ing fiscal dishonesty. Add

Section 2330.1 to

Article 3 of Division 23 of Title 16 of the CCR (Criteria to Aid in Determining if Felony Financial Crimes are Directly and Adversely Related to Fiduciary Qualifications, Functions, and Duties of a Cemetery Manager): As required by AB 2138, the proposed regulation sets forth the criteria to aid the Bureau in determining if felony financial crimes are directly and adversely relat- ed to the fiduciary qualifications, functions, and duties of a cemetery manager under the Act, and therefore ex- cluded from the statute of limitations, effective July 1, 2020, that, with certain exceptions, prevents the Bureau from denying a license based on a criminal conviction if the applicant was convicted or, if incarcerated, released from incarceration, more than seven years before the application date. (BPC,

section 480, subd. (a)(1)(B)(v), as added by AB 2138,

section 4.) In addition, the pro- posal would enumerate specific felony financial crimes that the Bureau has determined are directly and ad- versely related to the fiduciary qualifications, func- tions, or duties of a cemetery manager, including felony financial crimes involving acts of dishonesty, misrepre- sentation, deceit, fraud, or theft, as specified.

Amend 16 CCR 2331 (Rehabilitation Criteria for Denial of License): The proposed regulation would clarify that the Bu- reau, when considering a license denial on the ground that the applicant was convicted of a crime, would have to determine whether the applicant made a showing of rehabilitation and is presently eligible for a license, if the applicant completed the criminal sentence without a violation of parole or probation.

In making that deter- mination, the proposal would require the Bureau to con- sider the nature and gravity of the crime, the length of the parole or probation period, the extent to which the parole or probation period was shortened or lengthened, and the reasons therefor, the terms or conditions of pa- role or probation and the extent to which they bear on the applicant’s or licensee’s rehabilitation, and the ex- tent to which the terms or conditions of parole were modified and why.

The proposal would require a broad- er set of rehabilitation criteria to be considered for ap- plicants who had not completed the criminal sentence without a violation of parole or probation, did not suffi- ciently demonstrate their rehabilitation under the nar- rower set of criteria, or when the denial was based on something other than a crime. Add

Section 2331.1 to

Article 3 of Division 23 of Title 16 of the CCR (Rehabilitation Criteria for Suspension, Revocation, or Reinstatement of License): The proposed regulation would clarify that the Bu- reau, when considering the suspension or revocation of a license on the ground that the licensee was convicted of a crime, would have to determine whether the li- censee made a showing of rehabilitation and is present- ly eligible for a license, if the licensee completed the criminal sentence without a violation of parole or pro- bation.

In making that determination, the proposal would require the Bureau to consider the nature and gravity of the crime, the length of the parole or proba- tion period, the extent to which the parole or probation period was shortened or lengthened and the reasons therefor, the terms or conditions of parole or probation a nd the extent to which they bear on the licensee’s reha- 272

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 8-Z bilitation, and the extent to which the terms or condi- tions of parole were modified and why. The proposal would require a broader set of rehabilitation criteria to be considered for