Cal. Code Regs. tit. 16 § 420.1 : Professional and Vocational Regulations — Board for Professional Engineers and Land Surveyors — Applications — Applicant Fingerprint Submittal

(a) Pursuant to Section 144 of the Business and Professions Code, the Board has the authority to obtain and review criminal offender record information. The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code and to determine whether the applicant is subject to denial of license pursuant to Division 1.5 (commencing with Section 475 ) of the Business and Professions Code or Sections 6751, 6762.5, 6796.3, 8747.5, or 8803 of the Business and Professions Code.

(b) As a condition of application for a license, each applicant shall furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search conducted through the Department of Justice.

(c) The applicant shall pay any costs for furnishing the fingerprints and conducting the searches.

(d) The applicant shall certify when applying for a license whether his or her fingerprints have been furnished to the Department of Justice in compliance with this section.

(e) Failure to comply with the requirements of this section renders the application for license incomplete, and the application shall not be considered until the applicant demonstrates compliance with all requirements of this section.

(f) Notwithstanding any other provision of law, the results of any criminal offender record information request by either state or federal law enforcement authorities shall not be released by the Board except in accordance with state and federal requirements.

(g) This section shall apply to all applicants, including those applicants who submit applications pursuant to Sections 6750, 6758, 6759, 6763, 6796.3, 8740, 8746, 8748, and 8803 of the Business and Professions Code.

(h) As used in this section, "license" includes certification as an engineer-in-training or a land surveyor-in-training, certificate of registration or license as a professional engineer, licensure as a professional land surveyor, and certificates of authority to use the titles "structural engineer," "geotechnical engineer," "soil engineer," "soils engineer," or "consulting engineer."

(i) As used in this section, the term "applicant" shall have the meaning given to it by Section 144(c) of the Business and Professions Code, which states, "the term 'applicant' shall be limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category."

Cal. Code Regs. Tit. 16, § 420.1

Note: Authority cited: Sections 6716 and 8710, Business and Professions Code. Reference: Sections 144, 475, 480, 6750, 6751, 6758, 6759, 6762.5, 6763, 6796.3, 8740, 8746, 8747.5, 8748 and 8803, Business and Professions Code; and Section 11105, Penal Code.

1. New section filed 11-6-2013; operative 1-1-2014 (Register 2013, No. 45).
2. Change without regulatory effect amending subsection (g) and amending Note filed 1-25-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 5).
3. Change without regulatory effect amending subsection (g) filed 1-17-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 3).