1. (a) “Petitions for penalty relief” include petitions for modification or termination of probation and petitions for reinstatement of a revoked certificate or a certificate surrendered pursuant to a stipulation to settle a disciplinary action.
2. (b) The initial nonrefundable fee required to process a petition for modification or termination of probation is $1,242.
3. (c) The initial nonrefundable fee required to process a petition for reinstatement of a revoked certificate, or a certificate surrendered pursuant to a stipulation to settle a disciplinary action, is $2,962.
4. (d) The remaining fee required to cover the reasonable costs to process and adjudicate a petition for penalty relief shall be proposed by an administrative law judge (ALJ) from the Office of Administrative Hearings (OAH) and approved by the Board. The maximum fee that may be proposed by the ALJ and approved by the Board, or that may be otherwise determined or ordered pursuant to this section, is $22,000, less the initial fee already paid. The Board may remand the matter back to an ALJ for a finding on the fee where the proposed decision fails to make a finding on the fee. The Board may approve, reduce, or eliminate the remaining fee award. The Board may increase the fee award up to $22,000, less the initial fee already paid, based on the evidence, but only in a decision after non-adoption of the ALJ's proposed decision.
5. (e) When determining the remaining fee, a certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the designee for the Office of the Attorney General (OAG) and OAH for their agency's respective services shall be prima facie evidence of a reasonable fee to impose to cover the costs of processing and adjudicating the petition for penalty relief. It shall include the OAG and OAH costs for reviewing, preparing for, and participating in the hearing on the petition for penalty relief. The fee to be paid by the petitioner shall not include the ALJ or OAH cost for preparing and transmitting the proposed decision to the Board after the hearing. When determining the amount of the remaining fee pursuant to subdivision (d), the ALJ and Board shall consider evidence of the petitioner's ability to pay the remaining fee, with or without entering into a payment plan with the Board, as well as the reasonableness of the fee. The ALJ and Board may reduce or waive the remaining fee where financial hardship is demonstrated. Granting or denying a petition for penalty relief shall not be the sole basis for reducing or waiving the fee.
6. (f) Where the Board orders a petitioner to pay a fee for penalty relief and timely payment is not made as directed in the Board's decision or pursuant to a payment plan approved by the Board or its designee, the Board may pursue administrative action against the individual for unprofessional conduct, enforce the order for payment in any appropriate court, and take any other action allowed by law.
7. (g) In any action for recovery of the fee, proof of the Board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. If the petitioner was permitted to enter into a payment plan approved by the Board or the Board's designee, a certified copy of the signed payment plan shall be conclusive evidence of the terms.
8. (h) This section shall apply only to petitions for penalty relief on disciplinary decisions ordered after the effective date of this section.

Note: Authority cited: Sections 2018 and 2307.5, Business and Professions Code. Reference: Sections 2307 and 2307.5, Business and Professions Code.

History

1. New section filed 12-1-2025; operative 4-1-2026 (Register 2025, No. 49).