Thorner, P.

English

University of San Diego

REGULATORY AGENCY ACTIONappeared at the Board's July meeting.Associated Asian CPA Firms, Chinesefor Affirmative Action, and Public Ad-vocates have all written to the Board,expressing their interest in promotingminority rights through the committee.The Board cited the committee's fail-ure to "develop ongoing programs inwhich the Board could effectively con-tribute." Consolacion agreed to submita position paper outlining specific pro-grams and projects for a re-establishedcommittee. BOA has received the pro-posal and was scheduled to consider itat its October meeting.LEGISLATION:The following is a status update oflegislation discussed in detail in CRLRVol. 8, No. 3 (Summer 1988) at page 45:SB 91 (Boatwright), which wouldhave repealed the Tax Preparers Pro-gram and instead enact the Tax Prac-titioner Program in the Franchise TaxBoard, died in the Assembly Committeeon Governmental Efficiency and Con-sumer Protection.SB 315 (Montoya) would have im-posed specified reporting requirementson financial planners. The measure fail-ed passage in the Assembly Committeeon Finance and Insurance.SB 422 (Montoya) would have clari-fied the law regarding transmittal lettersand reports (see also CRLR Vol. 8, No.1 (Winter 1988) pp. 41-42 and Vol. 7,No. 3 (Summer 1987) p. 55 for addition-al background information). Thismeasure was dropped by its author.SB 1009 (Montoya), as amended onJune 22, revises section 5100 of theBusiness and Professions Code to allowBOA to revoke any certificate for alicensee's fiscal dishonesty or breach offiduciary responsibility. This bill wassigned by the Governor (Chapter 728,Statutes of 1988).SB 1824 (Rosenthal) increases themaximum amount which the Board maypay a nonprofit organization controlledby licensees of the Board to providevolunteer accounting services. The pre-vious $65,000 annual limit is now in-creased to $100,000 per year. This billhas been signed and chaptered (Chapter455, Statutes of 1988).SB 2553 (Keene) would have pro-hibited the use of the term "qualifiedaccountant," which might be confusedwith "certified public accountant" or"public accountant." This bill died inthe Senate Business and ProfessionsCommittee.AB 3417 (Hughes) requires the StateController to issue and maintain a listof ineligible and unacceptable auditors,based on specified criteria, and pro-hibits school districts and county officesof education from using their audit ser-vices. This bill also provides for with-holding of audit fees for audits notconforming to reporting provisions.This measure was signed by the Gover-nor (Chapter 1351, Statutes of 1988).AB 3818 (Bader), as amendedAugust 29, requires the Board to estab-lish regulations requiring specified con-tinuing education courses in govern-mental accountancy and auditing forany licensee who approves audit reportsof governmental agencies. This bill wassigned by the Governor (Chapter 1312,Statutes of 1988).AB 4537 (Cortese) would have fixedthe biennial renewal licensing fee toboost the reserve in the Board's con-tingent fund to equal six months ofauthorized expenditures. This measurefailed passage in the Senate Businessand Professions Committee, and wasscheduled for interim study by thatcommittee.LITIGATION:Moore v. California State Board ofAccountancy, No. 863037 (San Fran-cisco Superior Court), challenging theBoard's restriction on the use of theterm "accountant" to licensees, wasrescheduled for trial beginning October17. (For background information, seeCRLR Vol. 8, No. 2 (Spring 1988) p. 40.)RECENT MEETINGS:At its May 26-28 meeting, the Boardagreed that it would discourage anyCPA exam review course provider rep-resentatives from attending the CPAexamination. This decision resulted froma request by one course provider forpermission to pass out apples or othernon-promotional items to its studentsattending the exam.Also at the May meeting, BOA mem-bers voted unanimously to release tran-scripts of invitations to appear (ITA) torespondent licensees if requested andpaid for by the licensee. The Boardvoted to support Deputy Attorney Gen-eral William Goode's action to opposethe subpoena of transcripts by a gov-ernment agency acting as a civil litigant.(For background information, seeCRLR Vol. 7, No. 4 (Fall 1987) p. 37.)The ITA procedures were again dis-cussed at the Board's July 29-30 meetingin San Diego. The Board voted to adoptinterim guidelines proposed by DeputyAttorney General Grannen subject tothe May agreement regarding transcriptrelease. The new guidelines ITA wouldgive the Board's Administrative Commit-tee greater flexibility than formalregulations.FUTURE MEETINGS:January 27-28 in Orange County.March 18 in Los Angeles.BOARD OF ARCHITECTURALEXAMINERSExecutive Officer: Stephen P. Sands(916) 445-3393The Board of Architectural Exam-iners (BAE) was established by the legis-lature in 1901. BAE establishes mini-mum levels of competency for licensedarchitects and regulates the practice ofarchitecture. Duties of the Board in-clude administration of the CaliforniaArchitect Licensing Exam (CALE) andenforcement of Board guidelines. BAEis a ten-member body evenly dividedbetween public and professional mem-bership.MAJOR PROJECTS:Regulatory Changes. At its August30 meeting, the Board adopted severalchanges to its regulations contained inChapter 2, Title 16 of the CaliforniaCode of Regulations (CCR). SectionsIll and 112 are new sections adopted tocomply with the Permit Reform Act of1982, which requires licensing boards toidentify the time periods within whichthey will process applications forlicensure. An amendment to section121(a), regarding reciprocity licensurewithout taking the written examination,was also adopted by the Board in Aug-ust. At this writing, the rulemakingpackages on these sections have not yetbeen submitted to the Office of Admin-istrative Law (OAL).Also at the August meeting, theBoard heard testimony by American In-stitute of Architects (AIA) representa-tives in opposition to its proposedchanges to section 144, which wouldincrease licensing fees and the cost oftaking the CALE. (See CRLR Vol. 8,No. 3 (Summer 1988) p. 46 for back-ground information.) Based upon thetestimony, the Board was scheduled todiscuss section 144 again at its October7 meeting.The Board's changes to section 117,regarding evaluation of a candidate'sexperience and education and adoptedby the Board at its March 29 meeting,were rejected by OAL in June fornumerous reasons, including lack ofclarity. (See CRLR Vol. 8, No. 3 (Sum-The California Regulatory Law Reporter Vol. 8, No. 4 (Fall 1988)F --1 =19-M,REGULATORY AGENCY ACTIONmer 1988) pp. 45-46 for backgroundinformation.) The Board has since re-submitted the amendments to OAL.Amendments to two other sections (sec-tions 109 and 116), concerning verifi-cation of graduation and credit forwork experience, were approved byOAL in June. The Board's adoptedamendments to sections 134, 135, and151, affecting advertising guidelines forarchitects, penalties for aiding andabetting unlicensed architects, andCALE administration, are still awaitingOAL approval. (See CRLR Vol. 8, No.3 (Summer 1988) p. 46 and Vol. 8, No.2 (Spring 1988) p. 41 for backgroundinformation on these changes.)Additionally, the Board scheduledan October 18 hearing to consider aproposed amendment to section 119.5.The amendment would clarify the num-bering system for the various sections ofthe 1989 CALE.LEGISLATION:SB 2810 (Marks), the Board's feebill, received the Governor's approvalon August 25. This bill authorizes a feefor reviewing an applicant's eligibility totake any section of the architectureexamination and increases the maximumfee for any section of the examinationfrom $50 to $100; increases duplicatelicense fees; and increases the maximumrenewal fee from $100 to $200.SB 1718 (Lockyer) was signed by theGovernor on September 21 (Chapter1070, Statutes of 1988). Under existinglaw, a plaintiff who wishes to file suitfor malpractice against a licensed archi-tect, engineer, or land surveyor must filewith the complaint a certificate statingthat another construction design profes-sional in that. field has reviewed thefacts and believes that the facts demon-strate a viable cause of action. This billrepeals that provision's original sunsetdate of January 1, 1988, and extends ituntil January 1, 1992.AB 4419 (Bradley) was signed by theGovernor on July 8 and took effectimmediately as an urgency statute. Thisbill allows BAE a limited opportunity togrant licensure to reciprocity candidateswho successfully completed written ex-aminations prior to 1986. This oppor-tunity will remain in effect until July 1,1989. Thereafter, California's ability togrant reciprocal licensure will be con-tingent upon agreement between BAEand the licensing board in the candi-date's base state that the architectureexaminations used in their respectivejurisdictions are mutually acceptable forlicensing purposes.RECENT MEETINGS:At its June 6 meeting in Sacramento,the Board welcomed two new staff mem-bers: Lin White, the new enforcementofficer; and Kay Kruger, the new en-forcement coordinator. The Board alsodiscussed and adopted a response toNCARB's conditions for mediation ofthe reciprocity issue. (See CRLR Vol. 8,No. 1 (Winter 1988) p. 42 for back-ground information.) The agreementhas since been accepted by both partiesas a gesture of goodwill.The Board's August 30 meeting inSan Francisco was attended by HerbMcKim, first vice president of NCARB.This is the first time in recent memorythat a representative of NCARB hasattended a BAE meeting. He discussedthe development of a computerized li-censing examination. A completelycomputerized examination will be avail-able by 1993. Mr. McKim also accepteda laudatory resolution on behalf ofNCARB's Board of Directors. Lauda-tory resolutions were also adopted forthe late Raphael Soriano, a former BAEmember, and for Walter Carry, a formerpresident of NCARB.The Board adopted disciplinary guide-lines to be used by administrative lawjudges and Deputy Attorneys General.These guidelines will be implemented tofacilitate uniformity of penalties state-wide and to ensure that the Board'sdisciplinary policies are known. TheBoard also noted that its consumer pam-phlet, Consumer Guide to Hiring anArchitect, would be available in lateOctober.FUTURE MEETINGS:To be announced.ATHLETIC COMMISSIONExecutive Officer: Ken Gray(916) 920-7300The Athletic Commission regulatesamateur and professional boxing, con-tact karate, and professional wrestling.The Commission consists of eight mem-bers each serving four-year terms. Alleight seats are "public" as opposed toindustry representatives.The current Commission membersare Bill Malkasian, Raoul Silva, Roose-velt Grier, P.B. Montemayor, M.D.,Jerry Nathanson, Thomas Thaxter,M.D., Charles Westlund, and RobertWilson.The Commission is constitutionallyauthorized and has sweeping powers tolicense and discipline those within itsjurisdiction. The Commission licensespromoters, booking agents, match-makers, referees, judges, managers,boxers, martial arts competitors, andwrestlers. The Commission places pri-mary emphasis on boxing, where regula-tion extends beyond licensing and in-cludes the establishment of equipment,weight, and medical requirements. Fur-ther, the Commission's power to regu-late boxing extends to the separateapproval of each contest to precludemismatches. Commission inspectors at-tend all professional boxing contests.MAJOR PROJECTS:Neurological Examination Program.In an ongoing attempt to refine itsneurological examination program, theCommission is implementing a more ex-tensive counseling program. (See CRLRVol. 8, No. 2 (Spring 1988) p. 41 forbackground information.) According toExecutive Officer Ken Gray, a boxerwho fails the exam will have the oppor-tunity to discuss potential health prob-lems with a licensed physician. Addition-ally, the Commission has decided thatany boxer who fails the first exam willautomatically be given a second examto confirm the results.In a related area, the Commission iscurrently developing a news release cov-ering the procedural and technicalaspects of the program.Commission Goals and Objectives.Last spring, the Commission adoptedformal policy goals and objectives. Theareas receiving special emphasis includethe following: (1) ensuring that the ap-propriate medical and safety standardsare met for boxers and wrestlers; (2)providing a quality medical insuranceand pension program for professionalboxers; (3) assigning competent officialsto boxing matches; (4) approving safeand competitive boxing contests; and(5) consistently enforcing the statutesand regulations relative to boxing.LEGISLATION:AB 3150 (Floyd), which would haverequired the Commission to adopt regu-lations detailing the criteria for ap-proval of licensed physicians required tobe in attendance at all boxing matches,died in the Senate Business and Profes-sions Committee.AB 529 (Floyd), which would havederegulated professional wrestling, alsodied in the Business and ProfessionsCommittee. The Commission activelyopposed the bill. (See CRLR Vol. 8,No. 2 (Spring 1988) p. 42 and Vol. 7,No. 2 (Spring 1987) p. 27 for additionalinformation.)Ihe California Regulatory Law Reporter Vol. 8, No. 4 (Fall 1988) 4.

Board of Architectural Examiners

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Board of Architectural Examiners

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