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HomeBusiness and Professions CodeDiv. 1Ch. 1§ 109 Board Decisions And Investigations

§ 109 Board Decisions And Investigations

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 109 Board Decisions And Investigations

Key Takeaways

  • •The boards in charge of licenses (like for doctors or builders) make the final call on tests, licenses, and rules—no one else can overrule them unless the law says so.
  • •If someone cheats on a test or breaks the rules to get a license, the director can look into it and ask the police to help.
  • •If a board or its members do something really bad (like break the law), the director can step in, stop them, or even ask for them to be arrested.

Example

A teacher helps students cheat on a big test to get their nursing licenses.

The director can investigate the cheating and ask the police to look into it. If they find out it’s true, the director can stop the teacher from giving tests and even ask for them to be arrested.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 109 Board Decisions And Investigations

(a) The decisions of any of the boards comprising the department with respect to setting standards, conducting examinations, passing candidates, and revoking licenses, are not subject to review by the director, but are final within the limits provided by this code which are applicable to the particular board, except as provided in this section. (b) The director may initiate an investigation of any allegations of misconduct in the preparation, administration, or scoring of an examination which is administered by a board, or in the review of qualifications which are a part of the licensing process of any board. A request for investigation shall be made by the director to the Division of Investigation through the chief of the division or to any law enforcement agency in the jurisdiction where the alleged misconduct occurred. (c) The director may intervene in any matter of any board where an investigation by the Division of Investigation discloses probable cause to believe that the conduct or activity of a board, or its members or employees constitutes a violation of criminal law. The term “intervene,” as used in paragraph (c) of this section may include, but is not limited to, an application for a restraining order or injunctive relief as specified in Section 123.5, or a referral or request for criminal prosecution. For purposes of this section, the director shall be deemed to have standing under Section 123.5 and shall seek representation of the Attorney General, or other appropriate counsel in the event of a conflict in pursuing that action. (Amended by Stats. 1991, Ch. 1013, Sec. 1.)

Last verified: January 22, 2026

Key Terms

boardsdirectormisconductinterveneprobable causecriminal law

Related Statutes

  • § 101.7 Board Meeting Requirements
  • § 113 Department Travel Authorization
  • § 105 Board Member Oath Requirement
  • § 108 Board Powers And Functions
  • § 116 Director Oversight Of Discipline

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 109.
View Official Source