citation: BPC § 7826

text:
The board may establish one or more technical advisory committees to advise and assist the board with respect to the following:

(a) Application review and verification for any level of registration, licensure, authority, or title.

(b) Evaluation and investigation of potential violations of this chapter.

(c) Amendment, repeal, adoption, or revision of board rules, regulations, policies, and procedures.

history: (History: Added by Stats. 2011, Ch. 432, Sec. 25. (SB 944) Effective January 1, 2012.)

article: 2.1. Technical Advisory Committees

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 2.1. Technical Advisory Committees


kind: section

code: BPC

text: Each member of each technical advisory committee shall be appointed by the board and shall serve at the pleasure of the board. Each committee shall be composed of no more than five members.

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 12.5. Geologists and Geophysicists

article: 2.1. Technical Advisory Committees


text: Each member of each technical advisory committee shall be an expert in the area of geology or geophysics within the committee’s jurisdiction and shall be licensed under this chapter.

article: 2.1. Technical Advisory Committees


text: All the members of each technical advisory committee shall serve without compensation but shall receive per diem and expenses as provided in Section 103.

article: 2.1. Technical Advisory Committees


text: Each member of each technical advisory committee shall be granted the same immunity as is granted to a public employee pursuant to Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code.

article: 2.1. Technical Advisory Committees


citation: BPC § 7830

text: It is unlawful for anyone other than a geologist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a professional geologist or licensed certified specialty geologist, or to use in any manner the title “professional geologist” or the title of any licensed certified specialty geologist, or any combination of the words and phrases or abbreviations thereof, unless licensed, or licensed and certified, under this chapter.

history: (History: Amended by Stats. 2019, Ch. 630, Sec. 7. (AB 1522) Effective January 1, 2020.)

article: 3. Scope of Regulation

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 3. Scope of Regulation


text: It is unlawful for any person other than a geophysicist licensed under this chapter to stamp or seal any plans, specifications, plats, reports, or other documents with the seal or stamp of a licensed geophysicist, professional geophysicist, or licensed certified specialty geophysicist, or to use in any manner the title “registered geophysicist,” “professional geophysicist,” or the title of any registered certified specialty geophysicist, or any combination of the words and phrases or abbreviations thereof, unless the person is licensed, or licensed and certified, under this chapter.

history: (History: Amended by Stats. 2019, Ch. 630, Sec. 8. (AB 1522) Effective January 1, 2020.)

article: 3. Scope of Regulation


citation: BPC § 7831

text: It is unlawful for anyone to stamp or seal any plans, specifications, plats, reports, or other documents with the seal after the certificate of the registrant, named thereon, has expired or has been suspended or revoked, unless the certificate has been renewed or reissued.

history: (History: Added by Stats. 1968, Ch. 942.)

article: 3. Scope of Regulation


citation: BPC § 7832

text: Any person, except as in this chapter specifically exempted, who shall practice or offer to practice geology or geophysics for others in this state is subject to the provisions of this chapter.

history: (History: Amended by Stats. 1972, Ch. 1396.)

article: 3. Scope of Regulation


citation: BPC § 7833

text: This chapter does not prohibit one or more geologists or geophysicists from practicing through the entity of a sole proprietorship, partnership, or corporation. In a partnership or corporation whose primary activity consists of geological services, at least one partner or officer shall be a professional geologist. In a partnership or corporation whose primary activity consists of geophysical services, at least one partner or officer shall be a professional geophysicist.

history: (History: Amended by Stats. 2005, Ch. 657, Sec. 13. Effective January 1, 2006.)

article: 3. Scope of Regulation


citation: BPC § 7834

text: This chapter does not prevent or prohibit an individual, firm, company, association or corporation whose principal business is other than the practice of geology or geophysics from employing a geologist or geophysicist to perform professional services in geology or geophysics incidental to the conduct of their business.

article: 3. Scope of Regulation


citation: BPC § 7835

text: All geologic plans, specifications, reports, or documents shall be prepared by a professional geologist or licensed certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geologist or licensed certified specialty geologist and stamped with his or her seal, both of which shall indicate his or her responsibility for them.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 10. (SB 1165) Effective January 1, 2017.)

article: 3. Scope of Regulation


text: All geophysical plans, specifications, reports, or documents shall be prepared by a professional geophysicist, licensed certified specialty geophysicist, professional geologist, licensed certified specialty geologist, or by a subordinate employee under his or her direction. In addition, they shall be signed by the professional geophysicist, licensed certified specialty geophysicist, professional geologist, or licensed certified specialty geologist, and stamped with his or her seal, both of which shall indicate his or her responsibility for them.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 11. (SB 1165) Effective January 1, 2017.)

article: 3. Scope of Regulation


citation: BPC § 7836

text: Officers and employees of the United States of America practicing solely as such officers or employees are exempt from registration under the provisions of this chapter.

article: 3. Scope of Regulation


citation: BPC § 7837

text: A subordinate to a geologist or geophysicist registered under this chapter, insofar as he or she acts solely in that capacity, is exempt from registration under the provisions of this chapter. This exemption, however, does not permit any subordinate to practice geology or geophysics for others in his or her own right or to use the title “professional geologist” or “professional geophysicist.”

history: (History: Amended by Stats. 2005, Ch. 657, Sec. 15. Effective January 1, 2006.)

article: 3. Scope of Regulation


citation: BPC § 7838

text: A civil engineer empowered to practice civil engineering in this state, and a petroleum engineer registered in this state, under provisions of Chapter 7 (commencing with Section 6700) of Division 3 of this code insofar as they practice civil engineering in its various branches or petroleum engineering, respectively, are exempt from registration under the provisions of this chapter.

article: 3. Scope of Regulation


citation: BPC § 7839

text: This chapter shall not empower a geologist or geophysicist registered under this chapter to practice or offer to practice civil engineering and any of its various recognized branches.

article: 3. Scope of Regulation


text:
This chapter shall not empower a geologist registered under this chapter to practice or offer to practice geophysics for others in this state except as such geophysical work is related to his practice of geology.

This chapter shall not empower a geophysicist registered under this chapter to practice or offer to practice geology for others in this state except as such geological work is related to his practice of geophysics.

history: (History: Added by Stats. 1972, Ch. 1396.)

article: 3. Scope of Regulation


text:
(a) A professional geologist or professional geophysicist shall use a written contract when contracting to provide geological or geophysical services to a client pursuant to this chapter. The written contract shall be executed by the professional geologist or professional geophysicist and the client or the client’s representative prior to the professional geologist or professional geophysicist commencing work, unless the client states in writing that work may be commenced before the contract is executed. The written contract shall include, but is not limited to, all of the following:

(1) A description of the services to be provided to the client by the professional geologist or professional geophysicist.

(2) A description of any basis of compensation applicable to the contract, and the method of payment agreed upon by the parties.

(3) The name, address, and license or certificate number of the professional geologist or professional geophysicist, and the name and address of the client.

(4) A description of the procedure that the professional geologist or professional geophysicist and the client will use to accommodate additional services.

(5) A description of the procedure to be used by both parties to terminate the contract.

(6) Disclosure of any existence of a current professional liability insurance policy covering the professional geologist or professional geophysicist in responsible charge of the services.

(b) Subdivision (a) shall not apply to any of the following:

(1) Geologic or geophysical services rendered by a professional geologist or professional geophysicist for which the client will not pay compensation.

(2) A geologist or geophysicist who has a current or prior contractual relationship with the client to provide geologic or geophysical services, and who has already been paid the fees that are due under the contract by the client.

(3) If the client executes a waiver in writing after full disclosure of this section that a contract that complies with the requirements of this section is not required.

(4) Geological or geophysical services rendered by a geologist or geophysicist to any of the following:

(A) A geologist or geophysicist licensed under this chapter.

(B) An engineer licensed under Chapter 7 (commencing with Section 6700).

(C) A land surveyor licensed under Chapter 15 (commencing with Section 8700).

(D) An architect licensed under Chapter 3 (commencing with Section 5500).

(E) A contractor licensed under Chapter 9 (commencing with Section 7000).

(F) A public agency.

(c) As used in this section, “written contract” includes a contract in electronic form.

history: (History: Amended by Stats. 2024, Ch. 588, Sec. 13. (AB 3253) Effective January 1, 2025.)

article: 3. Scope of Regulation


citation: BPC § 7840

text: An application for licensure as a geologist, certification in a specialty in geology, certification as a geologist-in-training, licensure as a geophysicist, or certification in a specialty in geophysics shall be made to the board on a form prescribed by it and shall be accompanied by the application fee fixed by this chapter.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 1. (SB 1098) Effective January 1, 2019.)

article: 4. Registration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 4. Registration


citation: BPC § 7841

text:
An applicant for licensure as a geologist shall have all the following qualifications:

(a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.

(b) Meet either of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board:

(1) Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.

(2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geology. At least 24 semester hours, or the equivalent, shall be in upper division or graduate courses.

(c) Have a documented record of a minimum of five years of professional geological experience of a character satisfactory to the board, demonstrating that the applicant is qualified to assume responsible charge of this work upon licensure as a geologist. This experience shall be gained under the supervision of a geologist or geophysicist licensed in this or any other state, or under the supervision of others who, in the opinion of the board, have the training and experience to have responsible charge of geological work. Professional geological work does not include routine sampling, laboratory work, or geological drafting.

Each year of undergraduate study in the geological sciences shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.

Teaching in the geological sciences at college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of upper division or graduate courses.

Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of three years towards meeting the requirement for at least five years of professional geological work as set forth above.

The ability of the applicant shall have been demonstrated by the applicant having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.

(d) Successfully pass a written examination that incorporates a national examination for geologists created by a nationally recognized entity approved by the board, and a supplemental California specific examination. The California specific examination shall test the applicant’s knowledge of state laws, rules and regulations, and of seismicity and geology unique to practice within this state.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 12. (SB 1165) Effective January 1, 2017.)

article: 4. Registration


text:
An applicant for licensure as a geophysicist shall have all of the following qualifications. This section shall not apply to applicants for licensure as geologists.

(a) Not have committed any acts or crimes constituting grounds for denial of licensure under Section 480.

(b) Meet one of the following educational requirements fulfilled at a school or university whose curricula meet criteria established by rules of the board.

(1) Graduation with a major in a geophysical science or any other discipline that, in the opinion of the board, is relevant to geophysics.

(2) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geophysics. At least 24 semester hours, or the equivalent, shall be in the third or fourth year, or graduate courses.

(c) Have at least seven years of professional geophysical work that shall include either a minimum of three years of professional geophysical work under the supervision of a professional geophysicist, except that prior to July 1, 1973, professional geophysical work shall qualify under this subdivision if it is under the supervision of a qualified geophysicist, or a minimum of five years’ experience in responsible charge of professional geophysical work. Professional geophysical work does not include the routine maintenance or operation of geophysical instruments, or, even if carried out under the responsible supervision of a professional geophysicist, the routine reduction or plotting of geophysical observations.

Each year of undergraduate study in the geophysical sciences referred to in this section shall count as one-half year of training up to a maximum of two years, and each year of graduate study or research counts as a year of training.

Teaching in the geophysical sciences referred to in this section at a college level shall be credited year for year toward meeting the requirement in this category, provided that the total teaching experience includes six semester units per semester, or equivalent if on the quarter system, of the third or fourth year or graduate courses.

Credit for undergraduate study, graduate study, and teaching, individually, or in any combination thereof, shall in no case exceed a total of four years towards meeting the requirements for at least seven years of professional geophysical work as set forth above.

The ability of the applicant shall have been demonstrated by his or her having performed the work in a responsible position, as the term “responsible position” is defined in regulations adopted by the board. The adequacy of the required supervision and experience shall be determined by the board in accordance with standards set forth in regulations adopted by it.

(d) Successfully pass a written examination that shall test the applicant’s knowledge of state laws, rules, and regulations, and of the principles and practices of geophysics within this state. The board shall administer the test on the state laws and the board’s rules and regulations as a separate part of the examination for licensure as a geophysicist.

history: (History: Amended by Stats. 2016, Ch. 629, Sec. 2. (SB 1085) Effective January 1, 2017.)

article: 4. Registration


text:
(a) An applicant for certification as a geologist-in-training shall comply with all of the following:

(1) Not have committed acts or crimes constituting grounds for denial of certification under Section 480.

(2) Successfully pass the Fundamentals of Geology examination.

(3) Meet either of the following education requirements fulfilled at a school or university whose curricula meet criteria established by the rules of the board:

(A) Graduation from a college or university with a major in geological sciences or any other discipline that, in the opinion of the board, is relevant to geology.

(B) Completion of a combination of at least 30 semester hours, or the equivalent, in courses that, in the opinion of the board, are relevant to geology. At least 24 semester hours, or the equivalent, shall be in upper division or graduate courses.

(b) (1) The board shall require an applicant for certification as a geologist-in-training to sign or acknowledge a statement of eligibility at the time of submission of the application attesting to the completion of the education requirements established by this section and the rules of the board.

(2) Except as required by paragraph (1), the board is not required to verify an applicant’s eligibility for certification as a geologist-in-training.

history: (History: Amended by Stats. 2022, Ch. 511, Sec. 45. (SB 1495) Effective January 1, 2023.)

article: 4. Registration


citation: BPC § 7842

text:
(a) An applicant for certification in a specialty in geology shall meet all of the requirements of Section 7841, shall be a geologist licensed under this chapter, and, in addition, his or her seven years of professional geological work shall include one of the following:

(1) A minimum of three years performed under the supervision of a geologist certified in the specialty for which the applicant is seeking certification or under the supervision of a licensed civil engineer if the applicant is seeking certification as an engineering geologist, except that prior to July 1, 1970, professional geological work shall qualify under this subdivision if it is performed under the supervision of a geologist qualified in the specialty for which the applicant is seeking certification or under the supervision of a licensed civil engineer if the applicant is seeking certification as an engineering geologist.

(2) A minimum of five years’ experience in responsible charge of professional geological work in the specialty for which the applicant is seeking certification.

(b) In addition to meeting the requirements of subdivision (a), an applicant for certification in a specialty of geology shall successfully pass a written examination in that specialty.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 14. (SB 1165) Effective January 1, 2017.)

article: 4. Registration


text:
An applicant for certification in a specialty in geophysics shall meet all of the requirements of Section 7841.1 and in addition, his seven years of professional geophysical work shall include one of the following:

(a) A minimum of three years performed under the supervision of a geophysicist, certified in the specialty for which he is seeking certification.

(b) A minimum of five years’ experience in responsible charge of professional geophysical work in the specialty for which the applicant is seeking certification.

history: (History: Amended by Stats. 1973, Ch. 873.)

article: 4. Registration


citation: BPC § 7843

text:
(a) An applicant for certification as a geologist-in-training shall, upon meeting all the requirements prescribed in Section 7841.2, be issued a certificate as a geologist-in-training. A renewal or other fee, other than the application fee, shall not be charged for this certification. The certificate shall become invalid when the holder has qualified as a professional geologist as provided in Section 7841.

(b) A geologist-in-training certificate does not authorize the holder thereof to practice or offer to practice geology, in his or her own right, or to use the title specified in Section 7804.

(c) It is unlawful for anyone other than the holder of a valid geologist-in-training certificate issued under this chapter to use the title of “geologist-in-training” or any abbreviation of that title.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 15. (SB 1165) Effective January 1, 2017.)

article: 4. Registration


citation: BPC § 7844

text:
(a) Examination for licensure shall be held at the times and places within the state as the board shall determine. The scope of examinations and the methods of procedure may be prescribed by rule of the board.

(b) The board may make arrangements with a public or private organization to conduct the examination. The board may contract with a public or private organization for materials or services related to the examination.

(c) The board may authorize an organization specified by the board to receive directly from applicants payment of the examination fees charged by that organization as payment for examination materials and services.

history: (History: Amended by Stats. 2016, Ch. 634, Sec. 7. (SB 1479) Effective January 1, 2017.)

article: 4. Registration


citation: BPC § 7845

text: Examinations for registration as a geologist or registered certified specialty geologist shall test the applicant’s knowledge of geology and of any established specialty for which he or she applies and his or her ability to apply that knowledge and to assume responsible charge in the professional practice of geology or a certified specialty geology, or both geology and a certified specialty geology.

history: (History: Amended by Stats. 2004, Ch. 865, Sec. 26. Effective January 1, 2005.)

article: 4. Registration


text: Examinations for registration as a geophysicist or registered certified specialty geophysicist shall test the applicant’s knowledge basic to geophysics and his ability to apply that knowledge and to assume responsible charge in the professional practice of geophysics or a certified specialty geophysics, or both geophysics and a certified specialty geophysics.

article: 4. Registration


citation: BPC § 7846

text: An applicant failing in an examination may be examined again upon filing a new application and the payment of the examination fee fixed by the board.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 12. (SB 826) Effective January 1, 2022.)

article: 4. Registration


citation: BPC § 7847

text: The board, upon application therefor, on its prescribed form, and upon the payment of the fee fixed by this chapter, which shall be retained by the board, may issue a certificate of registration as a geologist or as a geophysicist to a person holding an equivalent certificate of registration as a geologist or as a geophysicist, issued to him or her by any state or country when the applicant’s qualifications meet the other requirements of this chapter and the rules established by the board.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 2. (SB 1098) Effective January 1, 2019.)

article: 4. Registration


citation: BPC § 7850

text: Any applicant for licensure as a professional geologist who meets all the requirements prescribed in Section 7841 and who has otherwise qualified hereunder as a geologist shall have a certificate of registration issued to him or her as a professional geologist.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 3. (SB 1098) Effective January 1, 2019.)

article: 4. Registration


text: Any applicant for licensure as a professional geophysicist who meets all the requirements prescribed in Section 7841.1 and who has otherwise qualified hereunder as a geophysicist shall have a certificate of registration issued to him or her as a professional geophysicist.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 4. (SB 1098) Effective January 1, 2019.)

article: 4. Registration


text:
An applicant for certification as a certified specialty geologist who meets all the requirements prescribed in Section 7842 and who has otherwise qualified under this chapter in the specialty shall have a certificate issued to him or her as a certified specialty geologist.

A certificate of certified specialty geologist shall be signed by the president and executive officer and issued under the seal of the board.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 5. (SB 1098) Effective January 1, 2019.)

article: 4. Registration


text: An applicant who has passed the examination for a certified specialty geophysicist and has otherwise qualified under this chapter in the specialty shall have a certificate issued to him or her as a certified specialty geophysicist. A certificate of certified specialty geophysicist shall be signed by the president and executive officer and issued under the seal of the board.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 6. (SB 1098) Effective January 1, 2019.)

article: 4. Registration


citation: BPC § 7851

text:
(a) The board shall issue, upon application and payment of the fee established by Section 7887, a retired license to a geologist or geophysicist who has been licensed by the board for a minimum of five years within California and a minimum of 20 years within the United States or its territories, and who holds a license that is not suspended, revoked, or otherwise disciplined, or subject to pending discipline under this chapter.

(b) The holder of a retired license issued pursuant to this section shall not engage in any activity for which an active geologist’s or geophysicist’s license is required. A geologist or geophysicist holding a retired license may use the titles “retired professional geologist” or “professional geologist, retired,” or “retired professional geophysicist” or “professional geophysicist, retired.”

(c) The holder of a retired license shall not be required to renew that registration.

(d) In order for the holder of a retired license, issued pursuant to this section, to restore his or her license to active status he or she shall pass the examination required for initial licensure with the board.

history: (History: Added by Stats. 2013, Ch. 319, Sec. 12. (SB 822) Effective January 1, 2014.)

article: 4. Registration


citation: BPC § 7852

text:
(a) Each geologist licensed under this chapter shall, upon licensure, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend “professional geologist.”

(b) Each specialty geologist certified under this chapter shall, upon certification, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend of the appropriate specialty in geology in which he or she is certified under this chapter.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 19. (SB 1165) Effective January 1, 2017.)

article: 4. Registration


text:
(a) Each geophysicist licensed under this chapter shall, upon licensure, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend “professional geophysicist.”

(b) Each specialty geophysicist certified under this chapter shall, upon certification, obtain a seal of the design authorized by the board bearing the licensee’s name, number of his or her certificate, and the legend of the appropriate specialty in geophysics in which he or she is certified under this chapter.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 20. (SB 1165) Effective January 1, 2017.)

article: 4. Registration


citation: BPC § 7853

text: A duplicate certificate of registration to replace one lost, destroyed, or mutilated may be issued subject to the rules and regulations of the board. The duplicate certificate fee fixed by this chapter shall be charged.

history: (History: Added by Stats. 1968, Ch. 942.)

article: 4. Registration


citation: BPC § 7854

text: An unsuspended, unrevoked and unexpired certificate and endorsement of registry made under this chapter is presumptive evidence in all courts and places that the person named therein is legally registered.

article: 4. Registration


citation: BPC § 7855

text: Any applicant who is denied registration or authorization shall, in writing, be so notified and informed of the reason therefor. Within 30 days after receipt of notice, such applicant may make written request to the board for a hearing which, if granted, shall be conducted as specified in Section 7861.

article: 4. Registration


citation: BPC § 7856

text:
(a) Each applicant for licensure or certification who has a valid email address shall report to the board that email address at the time of application.

(b) Each certificate or license holder who has a valid email address shall report that email address to the board at the time of renewal.

(c) Each applicant or certificate or license holder shall notify the board within 30 days of any change to their email address on file with the board.

(d) In the interest of protecting the privacy of applicants and certificate or license holders, the email address provided to the board pursuant to this chapter shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction.

history: (History: Added by Stats. 2022, Ch. 302, Sec. 6. (SB 1120) Effective January 1, 2023.)

article: 4. Registration


citation: BPC § 7860

text:
(a) The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any professional geologist or geophysicist, and make findings thereon.

(b) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or revoke the certificate of any geologist or geophysicist registered hereunder, on any of the following grounds:

(1) Conviction of a crime substantially related to the qualifications, functions, or duties of a geologist or geophysicist.

(2) Misrepresentation, fraud, or deceit by a geologist or geophysicist in his or her practice.

(3) Negligence or incompetence by a geologist or geophysicist in his or her practice.

(4) Violation of any contract undertaken in the capacity of a geologist or geophysicist.

(5) Fraud or deceit in obtaining a certificate to practice as a geologist or geophysicist.

(c) By a majority vote, the board may publicly reprove, suspend for a period not to exceed two years, or may revoke the certificate of any geologist or geophysicist registered under this chapter, for unprofessional conduct. Unprofessional conduct includes, but is not limited to, any of the following:

(1) Aiding or abetting any person in a violation of this chapter or any regulation adopted by the board pursuant to this chapter.

(2) Violating this chapter or any regulation adopted by the board pursuant to this chapter.

(3) Conduct in the course of practice as a geologist or geophysicist that violates professional standards adopted by the board.

history: (History: Amended by Stats. 2014, Ch. 400, Sec. 13. (SB 1467) Effective January 1, 2015.)

article: 5. Disciplinary Proceedings

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 5. Disciplinary Proceedings


text:
The board may, upon its own initiative or upon the receipt of a complaint, investigate the actions of any geologist-in-training and make findings. By a majority vote, the board may revoke the certificate of any geologist-in-training who does any of the following:

(a) Has been convicted of a crime as defined in subdivision (a) of Section 480.

(b) Committed an act that would be grounds for denial of a license pursuant to Section 480 or 496.

(c) Committed an act of fraud, deceit, or misrepresentation in obtaining their geologist-in-training certificate or license as a professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist.

(d) Aids or abets any person in the violation of any provision of this chapter or any regulation adopted by the board pursuant to this chapter.

(e) Violates Section 119 with respect to a geologist-in-training certificate.

(f) Commits any act described in Section 7872.

(g) Violates any provision of this chapter.

history: (History: Added by Stats. 2019, Ch. 630, Sec. 9. (AB 1522) Effective January 1, 2020.)

article: 5. Disciplinary Proceedings


text: The failure of, or refusal by, a licensee or a certificate holder to respond to a written request from a representative of the board in the investigation of a complaint against that licensee or certificate holder constitutes a cause for disciplinary action under Section 7860 or 7860.1.

history: (History: Amended by Stats. 2019, Ch. 630, Sec. 10. (AB 1522) Effective January 1, 2020.)

article: 5. Disciplinary Proceedings


citation: BPC § 7861

text: The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.

article: 5. Disciplinary Proceedings


citation: BPC § 7862

text: The board may reissue a certificate of registration, certification, or authority, to any person whose certificate has been revoked if a majority of the members of the board vote in favor of such reissuance for reasons the board deems sufficient.

article: 5. Disciplinary Proceedings


citation: BPC § 7863

text: A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a geologist or geophysicist is deemed to be a conviction within the meaning of this article. The board may order the certificate or authorization suspended or revoked, or may decline to issue a certificate or authorization, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

history: (History: Amended by Stats. 1978, Ch. 1161.)

article: 5. Disciplinary Proceedings


citation: BPC § 7864

text:
(a) A petitioner may petition the board for reinstatement or modification of penalty, including reduction, modification, or termination of probation, after the following minimum periods have elapsed from the effective date of the decision ordering the disciplinary action, or if the order of the board or any portion of it is stayed by a court, from the date the disciplinary action is actually implemented in its entirety:

(1) Except as otherwise provided in this section, at least three years for reinstatement of a certificate that was revoked or surrendered. However, the board may, in its sole discretion, specify in its order of revocation or surrender a lesser period of time that shall be at a minimum of one year.

(2) At least two years for early termination of a probation period of three years or more.

(3) At least one year for early termination of a probation period of less than three years.

(4) At least one year for reduction or modification of a condition of probation.

(b) The board shall notify the Attorney General of the filing of the petition. The petitioner and the Attorney General shall be given timely notice by letter of the time and place of the hearing on the petition, and the petitioner and the Attorney General shall be given the opportunity to present both oral and documentary evidence and argument to the board. The petitioner shall at all times have the burden of proof to establish by clear and convincing evidence that he or she is entitled to the relief sought in the petition.

(c) The board itself or an administrative law judge, if one is designated by the board, shall hear the petition and shall prepare a written decision setting forth the reasons supporting the decision.

(d) The board may grant or deny the petition or may impose any terms and conditions that it reasonably deems appropriate as a condition of reinstatement or reduction or modification of the penalty.

(e) A petition shall not be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. A petition shall not be considered while there is an accusation or petition to revoke probation pending against the petitioner.

(f) The board may, in its discretion, deny without hearing or argument any petition that is filed pursuant to this section within a period of two years from the effective date of a prior decision following a hearing under this section.

(g) Judicial review of the board’s decision following a hearing under this section may be sought by way of a petition for writ of administrative mandamus pursuant to Section 1094.5 of the Code of Civil Procedure. The party seeking to overturn the board’s decision shall have the burden of proof in any mandamus proceeding. In the mandamus proceeding, if it is alleged that there has been an abuse of discretion because the board’s findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in light of the whole record.

(h) The following definitions shall apply for purposes of this section:

(1) “Certificate” includes a certificate of registration or license as a professional geologist or professional geophysicist or certification as a geologist-in-training.

(2) “Petitioner” means a professional geologist or professional geophysicist or a geologist-in-training whose certificate has been revoked, suspended, or surrendered or placed on probation.

history: (History: Added by Stats. 2014, Ch. 400, Sec. 14. (SB 1467) Effective January 1, 2015.)

article: 5. Disciplinary Proceedings


citation: BPC § 7870

text: The board shall have the power, duty and authority to investigate violations of the provisions of this chapter.

article: 6. Offenses Against the Chapter

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 6. Offenses Against the Chapter


citation: BPC § 7871

text:
It shall be the duty of the respective officers charged with the enforcement of laws and ordinances to prosecute all persons charged with the violation of any of the provisions of this chapter.

It shall be the duty of the executive officer of the board, under the direction of the board, to aid these officers in the enforcement of this chapter.

history: (History: Amended by Stats. 1984, Ch. 47, Sec. 76. Effective March 21, 1984.)

article: 6. Offenses Against the Chapter


citation: BPC § 7872

text:
A person who does any of the following is guilty of a misdemeanor:

(a) Unless the person is exempt from licensure under this chapter, practices or offers to practice geology or geophysics for others in this state according to the provisions of this chapter without legal authorization.

(b) Presents or attempts to file as their own the certificate of a geologist-in-training or the license of a professional geologist, certified specialty geologist, a professional geophysicist, or a certified specialty geophysicist, unless they are the person named on the certificate or the license.

(c) Gives false evidence of any kind to the board, or to any board member, in obtaining a certificate or a license.

(d) Impersonates or uses the seal, signature, or license number of any professional geologist, certified specialty geologist, professional geophysicist, or certified specialty geophysicist or who uses a false license number.

(e) Impersonates or uses the certificate number of a geologist-in-training or who uses a false certificate.

(f) Uses an expired, suspended, surrendered, or revoked certificate or license.

(g) Represents themselves as, or uses the title of, professional geologist, or any other title whereby the person could be considered as practicing or offering to practice geology for others, unless the person is qualified by licensure as a professional geologist under this chapter, or represents themselves as, or uses the title of, professional geophysicist, or any other title whereby the person could be considered as practicing or offering to practice geophysics for others, unless the person is qualified by licensure as a professional geophysicist under this chapter.

(h) Unless the person is licensed, manages, or conducts as manager, proprietor, or agent, any place of business from which geological or geophysical work is solicited, performed, or practiced for others, except as authorized pursuant to Section 7834.

(i) Uses the title, or any combination of that title, of “professional geologist,” “registered geophysicist,” or “professional geophysicist,” the title of any licensed certified specialty geologist or any licensed certified specialty geophysicist, or “geologist-in-training,” or who makes use of any abbreviation of a title that might lead to the belief that the person is licensed as a geologist, a geophysicist, a certified specialty geologist, or a certified specialty geophysicist, or holds a certificate as a geologist-in-training, without being licensed, licensed and certified, or certified, as required by this chapter.

(j) Violates any provision of this chapter.

history: (History: Amended by Stats. 2024, Ch. 588, Sec. 14. (AB 3253) Effective January 1, 2025.)

article: 6. Offenses Against the Chapter


citation: BPC § 7873

text:
Whenever any person has engaged in or is about to engage in any act or practice which constitutes or which, in the opinion of the board, will constitute an offense against this chapter, the superior court of the county in which the offense has occurred or is about to occur, on application of the board, may issue an injunction or other appropriate order restraining such act or practice.

The proceedings authorized by this section shall be in accordance with the provisions contained in Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

history: (History: Amended by Stats. 1982, Ch. 517, Sec. 28.)

article: 6. Offenses Against the Chapter


citation: BPC § 7874

text:
(a) If a licensee who is retained as an expert witness enters into a nondisclosure agreement, that agreement shall not be construed to prevent the licensee from reporting a potential violation of the Geologist and Geophysicist Act to the board.

(b) This section shall not be construed to be, or act as, a waiver of any applicable attorney-client or attorney work product privileges.

history: (History: Added by Stats. 2019, Ch. 145, Sec. 2. (SB 339) Effective January 1, 2020.)

article: 6. Offenses Against the Chapter


citation: BPC § 7880

text:
A certificate of registration as a geologist or as a specialty geologist or as a geophysicist or as a specialty geophysicist shall expire at 12 a.m. of the last day of the birth month of the certificate holder during the second year of a two-year term if not renewed. To renew an unexpired certificate, the certificate holder shall, on or before the date of expiration of the certificate, apply for renewal on a form prescribed by the board, and pay the renewal fee prescribed by this chapter.

For purposes of implementing the distribution of the renewal of registrations throughout the year, the board may establish a system of staggered certificate expiration dates and a pro rata formula for the payment of renewal fees by certificate holders affected by the implementation of the program.

history: (History: Amended by Stats. 1992, Ch. 1289, Sec. 43. Effective January 1, 1993.)

article: 7. Revenue

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 12.5. Geologists and Geophysicists > 7. Revenue


citation: BPC § 7881

text: Except as otherwise provided in this article, certificates of registration as a geologist or as a geophysicist, or certified specialty certificates, may be renewed at any time within five years after expiration on filing an application for renewal on a form prescribed by the board and payment of all accrued and unpaid renewal fees. If the certificate is renewed more than 30 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, on the date on which all renewal fees are paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the certificate shall continue in effect through the date provided in Section 7880 that next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

history: (History: Amended by Stats. 2001, Ch. 306, Sec. 10. Effective January 1, 2002.)

article: 7. Revenue


text:
(a) At the time of renewal specified in Section 7880 or 7881, the board shall administer an assessment of the certificate holder to reinforce the certificate holder’s knowledge of state laws and the board’s rules and regulations. Failure to complete this assessment within 60 days after the date of expiration of the certificate may result in disciplinary action under Section 7860, but shall not affect the renewal of the certificate.

(b) The crime in subdivision (h) of Section 7872 shall not apply to this section.

(c) The board shall not charge the certificate holder a fee for the administration or development of the assessment.

(d) For the purposes of this section, “assessment” means an online program that contains educational reading material and questions. The material shall be based on state law and the board’s rules and regulations relating to the practice of professional geologists and geophysicists. The scope of the assessment shall be limited to the board’s top five types of violations related to the administrative and procedural aspects of the practice of professional geologists and geophysicists and any changes or additions to existing law related to such administrative and procedural aspects.

history: (History: Added by Stats. 2016, Ch. 629, Sec. 3. (SB 1085) Effective January 1, 2017.)

article: 7. Revenue


citation: BPC § 7882

text: A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

article: 7. Revenue


citation: BPC § 7883

text: A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular date before the date on which it is reinstated, plus all accrued and unpaid renewal fees and the delinquency fee, if any, accrued at the time of its revocation.

history: (History: Amended by Stats. 2003, Ch. 325, Sec. 7. Effective January 1, 2004.)

article: 7. Revenue


citation: BPC § 7884

text:
Certificates of licensure as a geologist or as a geophysicist or certified specialty certificates which are not renewed within five years after expiration shall not be renewed, restored, reinstated, or reissued thereafter. The holder of that certificate may apply for and obtain a new certificate, however, if:

(a) He or she has not committed any acts or crimes constituting grounds for denial of licensure under Section 480.

(b) He or she takes and passes the examination, if any, which would be required of him or her if he or she were then applying for the certificate for the first time.

The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a certificate is issued without an examination pursuant to this section.

history: (History: Amended by Stats. 2016, Ch. 236, Sec. 21. (SB 1165) Effective January 1, 2017.)

article: 7. Revenue


citation: BPC § 7886

text:
(a) The department shall receive and account for all money derived under the operation of this chapter and, at the end of each month, shall report such money to the Controller and shall pay it to the Treasurer, who shall keep the money in a separate fund known as the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund.

(b) For accounting and recordkeeping purposes, the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund shall be deemed to be a single special fund and shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.

(c) The fees and civil penalties received under this chapter shall be deposited in the Professional Engineer’s, Land Surveyor’s, and Geologist’s Fund. All moneys in the fund are hereby appropriated for the purposes of this chapter.

(d) This section shall become operative on July 1, 2016.

history: (History: Repealed (in Sec. 22) and added by Stats. 2015, Ch. 428, Sec. 23. (AB 177) Effective January 1, 2016. Section operative July 1, 2016, by its own provisions.)

article: 7. Revenue


citation: BPC § 7887

text:
The amount of the fees prescribed by this chapter shall be fixed by the board in accordance with the following schedule:

(a) The fee for filing an application for licensure as a geologist or a geophysicist or certification as a specialty geologist or a specialty geophysicist shall be fixed at not more than two hundred fifty dollars ($250). The fee for filing an application for certification as a geologist-in-training shall be fixed at not more than one hundred dollars ($100).

(b) The renewal fee for a geologist or for a geophysicist shall be fixed at not more than four hundred dollars ($400).

(c) The renewal fee for a specialty geologist or for a specialty geophysicist shall be fixed at not more than four hundred dollars ($400).

(d) Notwithstanding Section 163.5, the delinquency fee for a certificate is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date.

(e) Each applicant for licensure as a geologist shall pay an examination fee fixed at an amount equal to the actual cost to the board to administer the examination described in subdivision (d) of Section 7841, unless an applicant pays the examination fee directly to an organization pursuant to Section 7844.

(f) Each applicant for licensure as a geophysicist or certification as an engineering geologist or certification as a hydrogeologist shall pay an examination fee fixed by the board at an amount equal to the actual cost to the board for the development and maintenance of the written examination.

(g) The fee for a retired license shall be fixed at not more than 50 percent of the fee for filing an application for licensure as a geologist or a geophysicist in effect on the date of application for a retired license.

(h) All other document fees shall be established by the board by regulation and shall be set in an amount not to exceed a reasonable regulatory cost.

history: (History: Amended by Stats. 2018, Ch. 154, Sec. 7. (SB 1098) Effective January 1, 2019.)

article: 7. Revenue


citation: BPC § 8000

text:
(a) There is in the Department of Consumer Affairs a Court Reporters Board of California, which consists of five members, three of whom shall be public members and two of whom shall be holders of certificates issued under this chapter who have been actively engaged as shorthand reporters within this state for at least five years immediately preceding their appointment.

(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

(c) Notwithstanding any other law, repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

history: (History: Amended by Stats. 2024, Ch. 587, Sec. 1. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)

chapter: 13. Shorthand Reporters

article: 1. Administration

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 13. Shorthand Reporters > 1. Administration


citation: BPC § 8001

text:
(a) Appointment as a member of the board shall be for a term of four years. Members of the board shall hold office until the appointment and qualification of their successors or until one year shall have elapsed since the expiration of the term for which they were appointed, whichever first occurs. No person shall serve as a member of the board for more than two consecutive terms except as provided in Section 131. Vacancies occurring shall be filled by appointment for the unexpired term.

(b) The Governor shall appoint one of the public members and the two certified members qualified as provided in Section 8000. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member.

(c) Members of the board may be removed from office by their appointing authority.

history: (History: Amended by Stats. 2019, Ch. 463, Sec. 2. (AB 1520) Effective January 1, 2020.)

article: 1. Administration


citation: BPC § 8002

text: Each member of the board shall receive a per diem and expenses as provided in Section 103.

history: (History: Repealed and added by Stats. 1959, Ch. 1645.)

article: 1. Administration


citation: BPC § 8003

text: At each yearly meeting, a chair and vice chair shall be elected from the membership of the board. Three members shall constitute a quorum for the transaction of business. The board shall keep a complete record of all its proceedings and all certificates issued, renewed, or revoked, together with a detailed statement of receipts and disbursements.

history: (History: Amended by Stats. 2019, Ch. 463, Sec. 3. (AB 1520) Effective January 1, 2020.)

article: 1. Administration


citation: BPC § 8004

text: The expenses of the members of the board and the expenses of the board that are necessary to carry out the provisions of this chapter shall be paid from the fees collected under this chapter and such expenses shall not exceed the amount so collected.

history: (History: Added by Stats. 1953, Ch. 191.)

article: 1. Administration


citation: BPC § 8005

text:
(a) The Court Reporters Board of California is charged with the executive functions necessary for effectuating the purposes of this chapter. It may appoint committees as it deems necessary or proper. The board may appoint, prescribe the duties, and fix the salary of an executive officer. Except as provided by Section 159.5, the board may also employ other employees as may be necessary, subject to civil service and other law.

(b) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

history: (History: Amended by Stats. 2024, Ch. 587, Sec. 2. (AB 3252) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)

article: 1. Administration


text: Protection of the public shall be the highest priority for the Court Reporters Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Added by Stats. 2002, Ch. 107, Sec. 33. Effective January 1, 2003.)

article: 1. Administration


citation: BPC § 8007

text:
The board shall:

(a) Determine the qualifications of persons applying for certificates under this chapter.

(b) Make rules for the examination of applicants and the issuing of certificates provided for in this chapter.

(c) Grant certificates to such applicants as may, upon examination, be qualified in professional shorthand reporting and in such other subjects as the board may deem advisable.

(d) Adopt, amend, or repeal rules and regulations which are reasonably necessary to carry out the provisions of this chapter.

history: (History: Amended by Stats. 1979, Ch. 608.)

article: 1. Administration


citation: BPC § 8008

text:
The board has the following powers and duties:

(a) To adopt a seal.

(b) By affirmative vote of at least three members of the board, to suspend, revoke, or impose any other disciplinary action against a certificate for any cause specified in this chapter.

(c) To charge and collect all fees as provided for in this chapter.

(d) To require the renewal of all certificates.

(e) To issue subpoenas, to administer oaths, and to take testimony concerning any matter within the jurisdiction of the board.

(f) To investigate the actions of any licensee, upon receipt of a verified complaint in writing from any person, for alleged acts or omissions constituting grounds for disciplinary action under the chapter.

(g) To administer the Transcript Reimbursement Fund described in Section 8030.2.

history: (History: Amended by Stats. 2002, Ch. 664, Sec. 18. Effective January 1, 2003.)

article: 1. Administration


citation: BPC § 8009

text: Disciplinary proceedings under this chapter shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code and the board shall have all the powers granted therein.

article: 1. Administration


citation: BPC § 8010

text: Information regarding a complaint against a specific licensee may not be disclosed to the public until an accusation has been filed by the board and the licensee has been notified of the filing of the accusation against his or her license and the disciplinary proceedings to be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. This section does not apply to citations, fines, letters of reprimand, or orders of abatement, which shall be disclosed to the public upon notice to the licensee.

history: (History: Amended by Stats. 2005, Ch. 658, Sec. 30. Effective January 1, 2006.)

article: 1. Administration


citation: BPC § 8011

text: The board shall promulgate, by regulation, a definition of a “full-time student” for the purposes of this chapter.

history: (History: Added by Stats. 2001, Ch. 615, Sec. 11. Effective October 9, 2001.)

article: 1. Administration


citation: BPC § 8015

text:
This chapter is designed to establish and maintain a standard of competency for those engaged in the practice of shorthand reporting, for the protection of the public, in general, and for the protection of all litigants whose rights to personal freedom and property are affected by the competency of shorthand reporters, in particular.

This section shall become operative on June 30, 1996.

history: (History: Amended (as amended by Stats. 1986, Ch. 529, Sec. 4) by Stats. 1990, Ch. 505, Sec. 4. Section operative June 30, 1996, by its own provisions.)

article: 2. Application of Chapter

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 13. Shorthand Reporters > 2. Application of Chapter


citation: BPC § 8016

text:
(a) No person shall engage in the practice of shorthand reporting as defined in this chapter, unless that person is the holder of a certificate in full force and effect issued by the board. This section does not apply to a salaried, full-time employee of any department or agency of the state who is employed as a hearing reporter.

(b) (1) A certified shorthand reporter, whether appearing in person or through the use of remote technology, shall state on the record their full name and license number as each appears on their certificate issued by the board, at the beginning of a proceeding, deposition, or other matter for transcription as described in Section 8017.

(2) If a certified shorthand reporter is to appear for more than one proceeding or hearing on a court calendar, the requirements of paragraph (1) are satisfied if the reporter provides their full name and license number to the clerk prior to the first proceeding or hearing or meets the requirements of paragraph (1) for the first proceeding.

(c) This section shall apply to all persons who are appointed, on and after January 1, 1983, to the position of official reporter or pro tempore official reporter of any court, as defined in the Government Code.

history: (History: Amended by Stats. 2024, Ch. 587, Sec. 3. (AB 3252) Effective January 1, 2025.)

article: 2. Application of Chapter


citation: BPC § 8017

text: The practice of shorthand reporting is defined as the making, by means of written symbols or abbreviations in shorthand or machine shorthand writing, or by voice writing, of a verbatim record of any oral court proceeding, deposition, court ordered hearing or arbitration, or proceeding before any grand jury, referee, or court commissioner and the accurate transcription thereof. Nothing in this section shall require the use of a certified shorthand reporter when not otherwise required by law.

history: (History: Amended by Stats. 2022, Ch. 569, Sec. 4. (AB 156) Effective September 27, 2022.)

article: 2. Application of Chapter


text:
For purposes of this article:

(a) “Voice writer” means a certified shorthand reporter that makes a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes.

(b) “Voice writing” means a verbatim record or a proceeding using a closed microphone voice dictation silencer, steno mask, or similar device using oral shorthand and voice notes made by a certified shorthand reporter.

history: (History: Added by Stats. 2022, Ch. 569, Sec. 5. (AB 156) Effective September 27, 2022.)

article: 2. Application of Chapter


citation: BPC § 8018

text: A natural person who holds a valid certificate as a shorthand reporter, as provided in this chapter, shall be known as a “certified shorthand reporter.” Except as provided in Section 8043, no other person, entity, firm, or corporation may assume or use the title “certified shorthand reporter,” or the abbreviation “C.S.R.,” or use any words or symbols indicating or tending to indicate that they are, or it is, certified under this chapter. Use of the words “stenographer,” or “reporter,” or of the phrases “court reporter,” “deposition reporter,” “digital reporter,” or “voice writer,” in combination with words or phrases related to the practice of shorthand reporting, as defined in Section 8017, indicates or tends to indicate certification pursuant to this chapter.

history: (History: Amended by Stats. 2024, Ch. 587, Sec. 4. (AB 3252) Effective January 1, 2025.)

article: 2. Application of Chapter


citation: BPC § 8019

text:
A violation of any provision of this chapter is a misdemeanor.

Any person who directly or indirectly assists in or abets the violation of, or conspires to aid or abet in the violation of, any provision of this chapter, is guilty of a misdemeanor.

history: (History: Amended by Stats. 1982, Ch. 1265, Sec. 6.)

article: 2. Application of Chapter


citation: BPC § 8020

text:
Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, or has met the examination requirements pursuant to Section 8020.5, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:

(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.

(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to “machine shorthand” shall include voice writing.

(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting or voice writing.

(d) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California.

history: (History: Amended by Stats. 2024, Ch. 587, Sec. 5. (AB 3252) Effective January 1, 2025.)

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 13. Shorthand Reporters > 3. Application, Examination, and Certificate; Requirement and Contents


text:
(a) (1) The California state licensing examination shall consist of the following three divisible parts:

(A) English.

(B) Professional Practice.

(C) Dictation/Transcription (Machine/Skill).

(2) (A) The passing grades for the Dictation/Transcription part of the examination is 95 percent.

(B) (i) The passing grades for English and Professional Practice, the two written knowledge parts of the examination, shall be determined by the Angoff criterion-referenced method.

(ii) The passing scores may vary moderately with changes in test composition.

(iii) Any examinee who obtains a grade which equals or exceeds the passing score determined by the Angoff criterion-referenced method will be deemed to have passed the applicable portion of the examination, assuming the other requirements of this section are met.

(b) The board shall notify each examinee electronically or in writing of their pass or fail examination results.

(c) (1) An applicant shall take and pass all three parts of the examination within three consecutive years to have passed the examination.

(2) The three-year period shall begin from the date of the examination or any part of the examination for which the applicant is first scheduled.

(d) (1) After a period of four months has elapsed, an applicant may repeat any part of the examination.

(2) An applicant shall not repeat any part of the examination unless or until a new version of the examination has been introduced.

(e) Notwithstanding subdivision (c), an applicant who passes a part of the examination shall receive conditional credit for passing that part and may retake the remaining parts.

(f) The period of time designated in subdivision (c) may be extended by the board for a period of time not to exceed one year upon the showing of extraordinary extenuating circumstances.

(g) (1) Successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) certification administered through the National Verbatim Reporters Association satisfies the requirement to pass the Dictation/Transcription examination under subparagraph (C) of paragraph (1) of subdivision (a).

(2) Applicants who passed the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) are subject to the requirements identified under subdivision (a) for the English examination and the Professional Practice examination, all of which must be passed within three consecutive years, pursuant to subdivision (c), to have passed the California state licensing examination.

history: (History: Amended by Stats. 2025, Ch. 67, Sec. 14. (AB 1170) Effective January 1, 2026.)

article: 3. Application, Examination, and Certificate; Requirement and Contents


citation: BPC § 8021

text: Examinations shall be held at least semiannually, and at such times and places as the board may designate.


citation: BPC § 8022

text:
(a) Each applicant for a certificate under this chapter shall file an application with the executive officer, on a form as prescribed by the board. The last date to file an application shall be a set number of days as established by the board’s regulations. The application shall be accompanied by the required fee. For purposes of determining the date upon which an application is deemed filed with the executive officer, the date of postmark as affixed by the United States Postal Service, or the date certified by a bona fide private courier service on the envelope containing the application shall control.

(b) Nothing in this section shall be construed to limit the board’s authority to seek from any applicant any other information pertinent to the background, education, and experience of the applicant that may be deemed necessary in order to evaluate the applicant’s qualifications and fitness for licensure.

history: (History: Amended by Stats. 2002, Ch. 1079, Sec. 16. Effective September 29, 2002.)


citation: BPC § 8023

text: No certificate shall be issued until the applicant has passed the examination prescribed by the board.

history: (History: Amended by Stats. 1957, Ch. 665.)


text: If an applicant for a certificate is from a country where the principal language spoken is one other than English, the board may, in addition to any other examination required by this chapter, examine the applicant on his or her knowledge of the English language.

history: (History: Amended by Stats. 1991, Ch. 1097, Sec. 5.)


citation: BPC § 8024

text:
(a) All certificates issued pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.

(b) (1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.

(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).

(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.

(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first.

(c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:

(1) Apply for renewal on a form prescribed by the board.

(2) Pay the renewal fee prescribed by this chapter.

(3) Notify the board whether they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensee’s last renewal.

history: (History: Amended by Stats. 2022, Ch. 569, Sec. 8. (AB 156) Effective September 27, 2022.)


text: Every person to whom a certificate is issued shall, as a condition precedent to its issuance, and in addition to any other fee which may be payable, pay the initial certificate fee prescribed by this chapter. Prior to receipt of an initial certificate fee, the board may issue an interim permit of a limited duration, but only to candidates eligible for certification under Section 8020. A limited permit shall be valid for 45 days, or until the board issues a certificate to the limited permitholder. If the board issues interim permits, the initial certificate fee, and any other fee that may be payable, shall be paid prior to the issuance of the certificate.

history: (History: Amended by Stats. 2004, Ch. 865, Sec. 29. Effective January 1, 2005.)


text:
(a) Except as otherwise provided in this article, a certificate that has expired may be renewed at any time within the period set forth in Section 8024.5 by doing all of the following:

(1) Applying for renewal on a form prescribed by the board.

(2) Paying the renewal fee prescribed by this chapter.

(3) Notifying the board whether the licensee has been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action was taken against the licensee by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.

(b) If the certificate is not renewed within 30 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee set forth in Section 163.5. Renewal under this section shall be effective on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the certificate shall continue in effect through the date provided in Section 8024 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025.

history: (History: Amended by Stats. 2001, Ch. 616, Sec. 6. Effective January 1, 2002.)


text:
A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.

The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025.

history: (History: Amended by Stats. 1999, Ch. 983, Sec. 9.3. Effective January 1, 2000.)


text:
A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.

The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025.

history: (History: Amended by Stats. 1999, Ch. 983, Sec. 9.4. Effective January 1, 2000.)


text: A certificate that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of the certificate shall return the expired certificate to the board. To obtain a new certificate, the holder shall pay all of the fees and meet all of the qualifications and requirements set forth in this chapter for obtaining an original certificate, including qualifying for, taking, and passing the licensing examination.

history: (History: Amended by Stats. 1997, Ch. 475, Sec. 16. Effective January 1, 1998.)


text:
(a) A certificate holder shall give written notice to the board at its office in Sacramento of a name change within 30 days after each change, giving both the old and the new names. A copy of the legal document affecting the name change, such as a court order or marriage certificate, shall be submitted with the notice.

(b) Each certificate holder shall notify the board in writing at its office in Sacramento of a change of address within 30 days after each change, giving both the old and the new addresses.

(c) A penalty as provided in this chapter shall be paid by each certificate holder who fails to notify the board within 30 days as specified in this section. Any certificate holder to whom this penalty applies who fails to pay that penalty shall not have their certificate renewed without payment of that penalty, and the board may take disciplinary action.

history: (History: Amended by Stats. 1999, Ch. 983, Sec. 9.5. Effective January 1, 2000.)


text:
The board shall establish an inactive category of licensure for persons who are not actively engaged in the practice of shorthand reporting.

(a) The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required.

(b) An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license is exempt from any continuing education requirement for renewal of an active license.

(c) The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board.

(d) In order for the holder of an inactive license issued pursuant to this section to restore his or her license to an active status, the holder of an inactive license shall comply with both of the following:

(1) Pay the renewal fee.

(2) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.

history: (History: Added by Stats. 1994, Ch. 660, Sec. 1. Effective January 1, 1995.)


text:
(a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.

(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.

(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files.

history: (History: Added by Stats. 2022, Ch. 569, Sec. 9. (AB 156) Effective September 27, 2022.)


text:
(a) For purposes of this section, “valid email address” means an email address at which the applicant or certificate holder is currently receiving email regarding their licensed activities at the time the application or renewal is submitted to the board. A personal email address of an applicant or certificate holder shall not be considered a valid email address and is not required to be provided by the applicant or certificate holder.

(b) An applicant or renewing certificate holder who has a valid email address shall provide that email address to the board at the time of application or renewal.

(c) An applicant or certificate holder shall notify the board within 30 days of any change to their valid email address on file with the board.

(d) (1) The board shall inform an applicant or certificate holder, at the time of their application for certification or renewal of their certification, that any valid email address submitted to the board is a public record that is subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(2) The board may, at its discretion, forward communications to a certificate holder’s valid email address that it receives from clients and consumers seeking to obtain a transcript or other timely information from a certificate holder.

(e) The board shall take reasonable actions to encourage applicants and certificate holders to maintain a valid email address, including by adding a statement to that effect on applications for certification or renewal.

history: (History: Added by Stats. 2024, Ch. 587, Sec. 7. (AB 3252) Effective January 1, 2025.)


citation: BPC § 8025

text:
A certificate issued under this chapter may be suspended, revoked, denied, or other disciplinary action may be imposed for one or more of the following causes:

(a) Conviction of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter. The record of conviction, or a certified copy thereof, is conclusive evidence of the conviction.

(b) Failure to notify the board of a conviction described in subdivision (a), in accordance with Section 8024 or 8024.2.

(c) Fraud or misrepresentation resorted to in obtaining a certificate hereunder.

(d) Fraud, dishonesty, corruption, willful violation of duty, gross negligence or incompetence in practice, or unprofessional conduct in or directly related to the practice of shorthand reporting.

“Unprofessional conduct” includes, but is not limited to, acts contrary to professional standards concerning confidentiality; impartiality; filing and retention of notes; notifications, availability, delivery, execution and certification of transcripts; and any provision of law substantially related to the duties of a certified shorthand reporter.

(e) Repeated unexcused failure, whether or not willful, to transcribe notes of cases pending on appeal and to file the transcripts of those notes within the time required by law or to transcribe or file notes of other proceedings within the time required by law or agreed to by contract. Violation of this subdivision shall also be deemed an act endangering the public health, safety, or welfare within the meaning of Section 494.

(f) Loss or destruction of stenographic notes, whether on paper or electronic media, that prevents the production of a transcript due to negligence of the licensee.

(g) Failure to comply with, or to pay a monetary sanction imposed by, any court for failure to provide timely transcripts. The record of the court order, or a certified copy thereof, is conclusive evidence that the sanction was imposed.

(h) Failure to pay a civil penalty relating to the provision of court reporting services or products.

(i) The revocation of, suspension of, or other disciplinary action against a license to act as a certified shorthand reporter by another state. A certified copy of the revocation, suspension, or disciplinary action by the other state is conclusive evidence of that action.

(j) Violation of this chapter or the statutes, rules, and regulations pertaining to certified shorthand reporters.

history: (History: Amended by Stats. 2005, Ch. 658, Sec. 31. Effective January 1, 2006.)


text:
(a) In addition to the causes for discipline or denial of certification set forth in Section 8025, the board may suspend or revoke any certificate, or deny certification, on any of the following grounds:

(1) That the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity.

(2) That the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol.

(b) For purposes of determining the existence or nonexistence of grounds for denial, suspension, or revocation of a license as set forth in this section, the board may, based upon a reasonable belief that grounds exist, require the applicant or licensee to submit to a physical or mental examination or examinations by a licensed physician as designated by the board. Failure to submit to, or to schedule, a physical or mental examination within 10 days of written demand by the board shall result in the automatic suspension of any license or the denial of any application. The denial of an application on any of the grounds set forth in this section shall be subject to the provisions of Sections 11504 and 11504.5 of the Government Code. The licensee may request a hearing to contest an automatic suspension of licensure under this section by sending a written request for hearing to the offices of the board within 12 days of the date that the board mails a notice of suspension to the licensee. If a hearing is requested, it shall be convened within 30 days after the receipt by the board of the written request for the hearing. The hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The sole issue for determination in the hearing, whether for denial or suspension of license, shall be whether the licensee failed or refused to submit to the physical or mental examination after being duly ordered to do so by the board. Evidence that the licensee has, since the date of automatic suspension, submitted to a mental or physical examination shall be considered as mitigation of any failure or refusal to comply with the board’s order, and may, in the sound discretion of the administrative law judge, constitute cause to set aside any automatic suspension. A decision shall be rendered by the administrative law judge within 10 days of the hearing and shall constitute the final determination as to the continuing status of any automatic suspension.

(c) Following a physical or mental examination pursuant to subdivision (b), the physician conducting the examination shall determine whether the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity, or whether the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol. Where a medical determination is made that an impairment exists, and the finding is reported to the board, the board shall deny any application and any license shall be automatically suspended. The denial of an application on these grounds shall be subject to the provisions of Sections 11504 and 11504.5 of the Government Code. The licensee may request a hearing to contest an automatic suspension of licensure under this section by sending a written request for hearing to the offices of the board within 12 days of the date that the board mails a notice of suspension to the licensee. If a hearing is requested, it shall be convened within 30 days after the receipt by the board of the written request for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The sole issue for determination in the hearing, whether for denial or suspension of license, shall be whether the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity, or whether the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol.

(d) For purposes of the hearing conducted pursuant to subdivision (c), the applicant or licensee shall, at a minimum, have the following rights:

(1) To be represented by counsel.

(2) To have a record made of the proceedings, copies of which may be obtained by the licentiate upon payment of any reasonable charges associated with the record.

(3) To call, examine, and cross-examine witnesses.

(4) To present and rebut evidence determined to be relevant.

(5) To present oral argument.

(e) The statutory period governing reapplication for licensure following denial of the application as set forth in Section 486 does not apply to licenses denied under this section.

history: (History: Amended by Stats. 1994, Ch. 146, Sec. 9. Effective January 1, 1995.)


citation: BPC § 8026

text:
A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a certified shorthand reporter is deemed to be a conviction within the meaning of this article.

The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

history: (History: Amended by Stats. 1978, Ch. 1161.)