[Cagdu] FW: Public Meeting Notice - California State Board of Guide Dogs For theBlind - Practice Task Force

[Tina Thomas]

From: Guidedogboard at DCA [mailto:Guidedogboard at dca.ca.gov] 
Sent: Wednesday, March 23, 2016 10:56 AM
To: Undisclosed recipients:
Subject: RE: Public Meeting Notice - California State Board of Guide Dogs
For theBlind - Practice Task Force 

 

Hello,

 

Attached and below are meeting materials for the Practice Task Force Meeting
on Monday, March 28 at 1:30pm.  

 

Please let me know if you have any questions,  

 

Brian Skewis

Executive Officer

California State Board of Guide Dogs for the Blind

Phone: 916-574-7826

Fax: 916-574-7829

Email: guidedogboard at dca.ca.gov <mailto:guidedogboard at dca.ca.gov> 

Web: www.guidedogboard.ca.gov <http://www.guidedogboard.ca.gov> 

 

TEMPORARY FOLLOW-UP INSTRUCTION PERMIT 

DRAFT LANGUAGE

 

BUSINESS AND PROFESSIONS CODE AMENDMENTS AND ADOPTIONS 

 

7200.5. The board shall have exclusive authority in this state to issue
licenses and temporary follow-up permits for the instruction of persons who
are blind or visually impaired in the use of guide dogs and for the training
of guide dogs for use by persons who are blind or visually impaired. It
shall also have exclusive authority in this state to issue licenses to
operate schools for the training of guide dogs and the instruction of
persons who are blind or visually impaired in the use of guide dogs.

 

7209.  A person to be eligible for examination as an instructor must (a)
have a knowledge of the special problems of persons who are blind or
visually impaired and how to teach them, (b) be able to demonstrate by
actual blindfold test under traffic conditions his or her ability to train
guide dogs with whom persons who are blind or visually impaired would be
safe, (c) be suited temperamentally and otherwise to instruct persons who
are blind or visually impaired in the use of guide dogs, and (d) have had at
least three years' actual experience, comprising such number of hours as the
board may require, as an instructor, and have handled 22 person-dog units;
or its equivalent, as determined by the board, as an apprentice under a
licensed instructor or under an instructor in a school satisfactory to the
board.
 
7209.5 A person to be eligible for a Temporary Follow-up Permit must (a)
[PTF to set experience requirement]  
 
7210.  It shall be unlawful for any person to sell, offer for sale, give,
hire or furnish under any other arrangement, any guide dog or to engage in
the business or occupation of training a guide dog unless he or she holds a
valid and unimpaired license or temporary follow-up permit issued pursuant
to this chapter.
 
7210.7.  Schools and instructors licensed by the board may provide home
training and follow-up instruction in the use of guide dogs.
   Schools and instructors providing home training in the use of guide dogs
shall, annually, provide the board with the names and addresses of those
persons who are receiving home training and shall include those persons who
have received home training from the school or instructor subsequent to the
last report filed with the board.
 
7211.  (a) Each applicant for an instructor's license shall file an
application with the board at least 10 days before the date fixed for
examination, and shall pay to the board at the time of filing an application
the sum of two hundred fifty dollars ($250). No license shall be granted
until the applicant has satisfactorily completed the examination prescribed
by the board and has shown that he or she is equipped by a school or by
equivalent facilities satisfactory to the board. An annual fee of one
hundred dollars ($100) shall be required for the renewal of a license.
   (b) Each applicant for a temporary follow-up permit shall file an
application with the board at least 10 days before the date services shall
be provided, and shall pay to the board at the time of filing an application
a sum of twenty five dollars ($25).   (c) All fees received under this
chapter shall be deposited in the Guide Dogs for the Blind Fund.
 
7211.2.  A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of this
article. The board may order the license or temporary follow-up permit
suspended or revoked, or may decline to issue a license or temporary
follow-up permit, 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 or her 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.
 
7211.9.  The board may suspend or revoke a license or temporary permit
issued under this chapter if it determines that the licensee or its manager
or responsible directing officer has:
   (a) Made any false statements or given any false information in
connection with an application for a license or a renewal or reinstatement
thereof.
   (b) Violated any provision of this chapter.
   (c) Violated any rule of the board adopted pursuant to the authority
contained in this chapter.
   (d) Been convicted of a felony or of any crime involving moral turpitude,
or has been convicted of any offense involving cruelty to animals. The
record of conviction, or a certified copy thereof, shall be conclusive
evidence of such conviction.
   (e) Committed any act which would be grounds for denial of a license.
 
7212.  The proceedings for the revocation or suspension of a license or
temporary follow-up permit 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.
 
7216.  The board may refuse to issue a license or temporary follow-up permit
to a school or instructor if the applicant, if an individual, or any officer
or partner, if the applicant is other than an individual, has committed any
act or crime constituting grounds for denial of licensure under Section 480.
Proceedings under this section 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 of the powers granted therein.
 
CCR AMENDMENTS AND ADOPTIONS FOR TEMPORARY INSTRUCTOR PERMIT
 
§ 2252. Definitions.
For purposes of this chapter,
(a) The term “Board” means California State Board of Guide Dogs for the
Blind;
(b) The term “Code” means, unless otherwise designated, Business and
Professions Code.
(c) The term “guide dog” means a dog being trained or that has completed
training to provide mobility assistance to a blind person.
(d) The term “client” means a student who is receiving instruction, a blind
person who has completed instruction, or a graduate who has completed
instruction from a guide dog school or instructor licensed by the Board.
(e) The term “guide dog team” is the man-dog unit or person-dog unit as
discussed in the Code.
(f) The term “apprentice” means anyone that works for a licensed guide dog
school that meets the standards as set forth by sections 2260 and 2266.
(g) The term “instruction” means to demonstrate or explain, in-person, the
techniques used to train or handle a guide dog.Instruction includes
follow-up instruction with a client.
(h) the term “follow-up instruction” means in-person training or
consultation that takes place between an instructor and a guide dog team
after an initial training period has been successfully completed. Follow-up
instruction requires either a license or temporary permit from the Board.

 
16 CCR § 2259. Applications.
(a) An application for a license or temporary follow-up permit shall be
submitted on an application form prescribed and provided by the Board,
accompanied by such evidence, statement, or documents as therein required,
and filed with the Board at its office in Sacramento.
(b) Whenever an applicant for a license or temporary follow-up permit
refuses or fails to provide the board with the information requested thereon
by the Board within six (6) months from the date of notice that such
application is incomplete, the application shall be deemed abandoned. An
application so abandoned may not be reinstated; however, the applicant may
file a new application accompanied by the required fee and documents.
Note: Authority cited: Section 7208, Business and Professions Code.
Reference: Section 7208, Business and Professions Code.
 
§ 2260. Completion of Requirements for License as Instructor.
(a) If an applicant for an instructor's license or temporary follow-up
permit verifies training 22 guide dog teams but does not have the required
three years actual experience as an instructor, any experience as an
apprentice may be credited towards the required three years actual
experience as an instructor. The experience as an apprentice must be under
the supervision of a licensed instructor or instructor that meets standards
equivalent to an instructor licensed by the Board, as determined by the
Board. Such experience as an apprentice shall include training dogs in all
aspects required by sections 2266 and 2282.
(b) Any experience as an instructor or apprentice that is being used to
fulfill the required three years actual experience as an instructor, must be
full-time experience. “Full time” means an average of 32 hours per week.
(c) The applicant must submit verification to the Board that his experience
meets the requirements of this section. The verification must come from an
individual in a supervisory position from the guide dog school where the
experience was obtained. The verification must state that the applicant has
met the requirements as specified in this section.
Note: Authority cited: Sections 7208 and 7209, Business and Professions
Code. Reference: Sections 7208 and 7209, Business and Professions Code.
 
§ 2261. Completion of Requirements for Temporary Follow-up Instructor
Permit.
[PTF to set requirements]
 
§ 2262. License Period.
(a) A school license expires on April 30th of each calendar year, and unless
renewed by the date of expiration shall be automatically forfeited and may
be reinstated or renewed only after payment of the renewal fee.
(b) An instructor's license shall remain in effect for one year after the
date of issuance, and unless renewed at the termination of the year, shall
be automatically forfeited and may be reinstated or renewed only after
compliance with the requirements of the Board.
(c) A temporary follow-up permit shall remain in effect for seven (7)
calendar days and apply only to the instructor and client stated on the
application. Temporary follow-up permits are nonrenewable.  
  
Note: Authority cited: Sections 7200.5 and 7208, Business and Professions
Code. Reference: Sections 7200.7, 7211, 7211.1 and 7217, Business and
Professions Code.
 
§ 2263. License Not Transferable.

A license or temporary follow-up permit shall not be transferable.

 
16 CCR § 2265. Temporary Instructor's Permit.
Upon a showing satisfactory to the Board that an emergency exists, the Board
may issue a temporary instructor's permit to a qualified apprentice
instructor at a school which, for any reason whatsoever, ceases to have a
licensed instructor in charge of its training and instruction programs
provided, however:
(a) The school will immediately notify the board of the existence of the
emergency, show necessity for relief, and request that a qualified
apprentice be granted a temporary trainer's permit.
(b) The apprentice named will file his application within such time that the
board may arrange for his examination within ten (10) days of the incidence
of the emergency.
(c) To qualify for a temporary permit the apprentice shall have had at least
eighteen (18) months' experience as an instructor and have handled eleven
(11) person/dog units, or its equivalent as an apprentice under a qualified
instructor as determined by the Board.
(d) Upon satisfactory completion of the examination, which will be the same
as that for a license as instructor the Board may issue a temporary
instructor's permit for such period as it may determine to be essential and
advisable but in no event to exceed sixty (60) days.
(e) An emergency, for the purposes of this section, is not deemed to exist
where merely preliminary training of dogs is involved.
Note: Authority cited: Sections 7208 and 7214, Business and Professions
Code. Reference: Section 7214, Business and Professions Code.
 
16 CCR § 2265.1. Temporary Follow-Up Permit.
In instances where a school physically located outside of California needs
to provide follow-up instruction to a guide dog team residing in the State,
the Board may issue a temporary follow-up permit to an instructor employed
by the school to ensure that the team receives the instruction necessary to
maintain safe and effective mobility.  In order to be eligible for a
temporary follow-up permit, the applicant must:
(1) meet all requirements as specified in section 7209.5 of the Code and
section 2261 of this Division.
(2) be employed by a guide dog school physically located outside the State
of California. 
 
§ 2269. Charitable Solicitations.

A licensee or permit holder shall not make any representation or other type
of charitable solicitation which misleads, deceives or has a tendency to
mislead or deceive the public. Nor may a licensee obtain charitable
contributions by fraud or misrepresentation.

 
§ 2284. Instructor - When License Required.
Anyone instructing a blind person in the use of a guide dog must be licensed
or permitted by the Board, provided, however, that a school may employ
apprentices to assist in such instruction. No apprentice shall act as an
instructor except under the supervision of a licensed instructor.
Note: Authority cited: Business and Professions Code, Section 7208.
Reference: Business and Professions Code, Sections 7208 and 7210.
 
§ 2285. Ethical Standards of Practice for a Guide Dog Instructor or Guide
Dog School.
A violation of any ethical standard of practice constitutes grounds for
disciplinary action. Every person or entity that holds a license or permit
issued by the Board shall comply with the following ethical standards of
practice:
(a) A licensee or permit holder may not release any personal or identifying
information regarding a client to any person, other than the Board or its
staff, without the client's written permission, unless otherwise allowed by
local, state, or federal regulations. A licensee shall obtain written
permission from the client before the client is photographed or
tape-recorded for examination or other purposes.
(b) A licensee or permit holder shall comply with the Guide Dog Act, the
California Code of Regulations, and all other related local, state, and
federal laws.
(c) A guide dog instructor shall not engage in intimidation or coercion of
clients, or physical violence or threat of violence to such persons, in a
manner contrary to the best interests of guide dog usage.
(d) A guide dog instructor shall provide each client with all services
generally associated with or offered by the school and with those services
required by the Code or regulations.
(e) A guide dog instructor shall comply with state and federal laws
pertaining to non-discrimination.
(f) A guide dog instructor shall take reasonable precautions to avoid
imposing or inflicting harm upon the client or to his or her property.
(1) A guide dog instructor shall not exploit clients in any manner.
(2) A guide dog instructor shall avoid relationships or activities that
interfere with professional judgment and objectivity.
(g) A guide dog instructor shall collaborate with clients in setting goals
and expectations throughout the training process. Decisions regarding
continuing or discontinuing instruction will be made with the client and
will be based upon evaluation of the client's needs, abilities, and skills.
(h) A guide dog instructor shall fully inform the client of the nature,
risks, and potential outcomes of the training and use of a guide dog.
(1) A guide dog instructor shall not make any false, fraudulent, or
deceptive statements or claims.
(2) A guide dog instructor shall provide information or materials regarding
the training and use of guide dogs in large print, braille, or electronic
format as deemed accessible by the client.
(i) A guide dog school shall obtain written permission from clients involved
in outreach, education, or fundraising activities and shall retain such
permission in the client's record. A guide dog school shall respect the
client's right to refuse involvement in outreach, education, or fundraising
activities.
Note: Authority cited: Section 7208, Business and Professions Code.
Reference: Sections 7208 and 7211.9, Business and Professions Code.
 
§ 2290. Substantial Relationship Criteria.
For the purposes of denial, suspension or revocation of a license or permit
pursuant to Division 1.5 (commencing with Section 475) of the Code, a crime
or act shall be considered to be substantially related to the
qualifications, functions and duties of a guide dog school operator or
instructor of blind persons in use of guide dogs if to a substantial degree
it evidences present or potential unfitness of a guide dog school operator
or instructor of blind persons in use of guide dogs to perform the functions
authorized by his or her license in a manner consistent with the public
health, safety or welfare. Such crimes or acts include but are not limited
to those involving the following:
(a) Any violation of any of the provisions of Chapter 9.5, Division 2 of the
Code;
(b) Any act or crime involving cruelty to animals.
Note: Authority cited: Sections 481 and 7208, Business and Professions Code.
Reference: Sections 481, 7211.9 and 7216, Business and Professions Code.
 
§ 2291. Rehabilitation Criteria.
(a) When considering denial of a license or permit under Section 480 of the
Code, the board, in evaluating the rehabilitation of the applicant and his
or her present eligibility for a license or permit, will consider the
following criteria:
(1) The nature and severity of the act(s) or crime(s) under consideration as
grounds for denial.
(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s)
under consideration as grounds for denial which also could be considered as
grounds for denial under Section 480 of the Code.
(3) The time that has elapsed since commission of the act(s) or crime(s)
referred to in subdivision (1) or (2).
(4) The extent to which the applicant has complied with any terms of parole,
probation, restitution, or any other sanctions lawfully imposed against the
applicant.
(5) Evidence, if any, of rehabilitation submitted by the applicant.
(b) When considering the suspension or revocation of a license or permit on
the ground that a guide dog school operator or instructor of blind persons
in the use of guide dogs has been convicted of a crime, the Board, in
evaluating the rehabilitation of such person and his or her eligibility for
a license will consider the following criteria:
(1) Nature and severity of the act(s) or offense(s).
(2) Total criminal record.
(3) The time that has elapsed since commission of the act(s) or offense(s).
(4) Whether the licensee or permit holder has complied with any terms of
parole, probation, restitution or any other sanctions lawfully imposed
against the licensee.
(5) If applicable, evidence of expungement proceedings pursuant to Section
1203.4 of the Penal Code.
(6) Evidence, if any, of rehabilitation submitted by the licensee or permit
holder.
(c) When considering a petition for reinstatement of a license under Section
11522 of the Government Code, the Board shall evaluate evidence of
rehabilitation submitted by the petitioner, considering those criteria of
rehabilitation specified in subsection (b).
Note: Authority cited: Sections 482 and 7208, Business and Professions Code.
Reference: Sections 482, 7211.9 and 7216, Business and Professions Code.
 
§ 2295. Issuance of Citations and Fines.
(a) The Executive Officer of the Board or his designee may issue a citation
containing an order to pay a fine between $100 and $5,000 and an order of
abatement against a licensee or permit holder for any violation of the Guide
Dog Act or the California Code of Regulations or any laws governing the
guide dog schools or guide dog instructors. A citation may be issued without
the assessment of a fine, when determined by the Executive Officer or his
designee.
(b) Each citation shall be in writing and shall describe with particularity
the nature and facts of each violation specified in the citation, including
a reference to the law or regulation alleged to have been violated.
(c) The citation shall be served upon the cited person either personally or
by certified United States mail.
 
Note: Authority cited: Sections 125.9, 148 and 7200.1, Business and
Professions Code. Reference: Sections 125.9, 148, 7209.5, 7210, 7210.5 and
7213, Business and Professions Code.
   

§ 2295.2. Contested Citations.

(a) The citation shall inform the licensee or permit holder that if he
desires a hearing to contest the finding of a violation, that hearing shall
be requested by written notice to the board within 30 calendar days of the
date of issuance of the citation. Hearings shall be held pursuant to the
provisions of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.

(b) In addition to requesting a hearing provided for in subdivision (a) of
this section, the cited person may, within 14 calendar days after service of
the citation, submit a written request for an informal conference with the
Executive Officer.

(c) The Executive Officer or his designee shall, within 30 calendar days
from receipt of the written request, hold an informal conference with the
person cited and/or his legal counsel or authorized representative.

(d) The Executive Officer or his designee may affirm, modify or dismiss the
citation, at the conclusion of the informal conference. A written decision
stating the reasons for the decision shall be mailed to the cited person and
his legal counsel, if any, within 14 calendar days from the date of the
informal conference. This decision shall be deemed to be a final order with
regard to the citation issued.

(e) If the citation is dismissed, the request for a hearing shall be deemed
withdrawn. If the citation is affirmed or modified, the cited person may, in
his discretion, withdraw the request for a hearing or proceed with the
administrative hearing process.

 

Note: Authority cited: Sections 125.9 and 148, Business and Professions
Code. Reference: Sections 125.9, 148, 7209.5, 7210, 7210.5 and 7213,
Business and Professions Code.

 

California State Board of Guide Dogs for the Blind’s Arbitration Program

 

What is the Arbitration Program?

The California State Board of Guide Dogs for the Blind (Board) is required,
by law, to offer arbitration assistance to guide dog user (user) graduates
of California guide dog schools (school) regarding a school’s decision to
discontinue use or to reclaim custody of a guide dog (dog).  The Arbitration
Program is designed to provide resolution to users with disputes that
involve continued use of a dog, or the actual physical custody of a dog
where the user is not the unconditional legal owner of the dog (i.e. the
school retains title of the dog). Users who are dissatisfied with a school’s
decision to discontinue use or to reclaim custody of a dog may appeal to the
Board to convene an arbitration panel.  

 

How does it work?

An arbitration panel will consist of at least one representative for each
the school and the user as well as a representative of the Board to
coordinate the meeting and serve as the chair.  Additional representatives,
witnesses, etc. may be requested by the Board.  The arbitration panel will
meet in closed session to hear the issue.  Once both party’s presentations
have been heard, the arbitration panel will issue a decision, in writing, to
the parties involved within 10 calendar days.  The panel’s decision is final
and both parties must waive any subsequent judicial review prior to
beginning the arbitration process.  

 

Who can seek arbitration?       

Users who are not the unconditional owner of the dog and have received
notice from a school that their dog can no longer continue to work as a
guide dog, or that the school is reclaiming physical custody of the dog, may
seek arbitration from the Board.  

 

How to seek arbitration? 

A user will receive written notice from a school when a decision has been
made to reclaim physical custody or to discontinue use of a dog.  This
notice must include information about the Board’s Arbitration Program and
must come through a service where delivery to the user can be confirmed by
the school.  If a user wishes to seek arbitration, they must submit a
written and signed request to the Board, and send a copy to the school,
within 30 days of the receipt of notice from the school.  All of the
arbitration panel’s hearings, investigations, and decisions will be
concluded within 45 calendar days of receipt of a user’s written request for
arbitration.  The Board will make every effort to minimize costs for all
parties involved as all parties are required to bear their own costs for
arbitration.   

 

Resources  

 <http://www.guidedogboard.ca.gov/about/lawsregs/index.shtml>
http://www.guidedogboard.ca.gov/about/lawsregs/index.shtml

 

Applicable Code Sections 

Business and Professions Code Section 7215.6

California Code of Regulations Title 16, Division 22, Sections 2293-2294

 

 

 

Text of Law (Business and Professions Code Section 7215.6)

 

7215.6. (a) In order to provide a procedure for the resolution of disputes
between guide dog users and guide dog schools relating to the continued
physical custody and use of a guide dog, in all cases except those in which
the dog user is the unconditional legal owner of the dog, the following
arbitration procedure shall be established as a pilot project.

 

(b) This procedure establishes an arbitration panel for the settlement of
disputes between a guide dog user and a licensed guide dog school regarding
the continued use of a guide dog by the user in all cases except those in
which the dog user is the unconditional legal owner of the dog. The disputes
that may be subject to this procedure concern differences between the user
and school over whether or not a guide dog should continue to be used,
differences between the user and school regarding the treatment of a dog by
the user, and differences over whether or not a user should continue to have
custody of a dog pending investigation of charges of abuse. It specifically
does not address issues such as admissions to schools, training practices,
or other issues relating to school standards. The board and its
representative are not parties to any dispute described in this section.

 

(c) The licensed guide dog schools in California and the board shall provide
to guide dog users graduating from guide dog programs in these schools a new
avenue for the resolution of disputes that involve continued use of a guide
dog, or the actual physical custody of a guide dog. Guide dog users who are
dissatisfied with decisions of schools regarding continued use of guide dogs
may appeal to the board to convene an arbitration panel composed of all of
the following:

   (1) One person designated by the guide dog user.

   (2) One person designated by the licensed guide dog school.

   (3) A representative of the board who shall coordinate the activities of
the panel and serve as chair.

 

(d) If the guide dog user or guide dog school wishes to utilize the
arbitration panel, this must be stated in writing to the board. The findings
and decision of the arbitration panel shall be final and binding. By
voluntarily agreeing to having a dispute resolved by the arbitration panel
and subject to its procedures, each party to the dispute shall waive any
right for subsequent judicial review.

 

(e) (1) A licensed guide dog school that fails to comply with any provision
of this section shall automatically be subject to a penalty of two hundred
fifty dollars ($250) per day for each day in which a violation occurs. The
penalty shall be paid to the board. The license of a guide dog school shall
not be renewed until all penalties have been paid.

   (2) The penalty shall be assessed without advance hearing, but the
licensee may apply to the board for a hearing on the issue of whether the
penalty should be modified or set aside. This application shall be in
writing and shall be received by the board within 30 days after service of
notice of the penalty. Upon receipt of this written request, the board shall
set the matter for hearing within 60 days.

 

(f) As a general rule, custody of the guide dog shall remain with the guide
dog user pending a resolution by the arbitration panel. In circumstances
where the immediate health and safety of the guide dog user or guide dog is
threatened, the licensed school may take custody of the dog at once.
However, if the dog is removed from the user's custody without the user's
concurrence, the school shall provide to the board the evidence that caused
this action to be taken at once and without fail; and within five calendar
days a special committee of two members of the board shall make a
determination regarding custody of the dog pending hearing by the
arbitration panel.

 

(g) (1) The arbitration panel shall decide the best means to determine final
resolution in each case. This shall include, but is not limited to, a
hearing of the matter before the arbitration panel at the request of either
party to the dispute, an opportunity for each party in the dispute to make
presentations before the arbitration panel, examination of the written
record, or any other inquiry as will best reveal the facts of the disputes.
In any case, the panel shall make its findings and complete its examination
within 45 calendar days of the date of filing the request for arbitration,
and a decision shall be rendered within 10 calendar days of the examination.

   (2) All arbitration hearings shall be held at sites convenient to the
parties and with a view to minimizing costs. Each party to the arbitration
shall bear its own costs, except that the arbitration panel, by unanimous
agreement, may modify this arrangement.

 

(h) The board may study the effectiveness of the arbitration panel pilot
project in expediting resolution and reducing conflict in disputes between
guide dog users and guide dog schools and may share its findings with the
Legislature upon request.

 

(i) This section shall remain in effect only until January 1, 2018, and as
of that date is repealed, unless a later enacted statute, that is enacted
before January 1, 2018, deletes or extends that date.

 

Text of Law (California Code of Regulations Title 16, Division 22, Sections
2293-2294)

 

2293. School Requirements Regarding Continued Use of a Guide Dog.

(a) Except for circumstances described in Business and Professions Code
section 7215.6(f), whenever a school retains title to a trained guide dog
and decides not to permit the continued use of the dog by its user, the
school shall do all of the following:

(1) Issue a written letter of intent to the user that the school intends not
to permit continued use of the dog. 
(2) Provide the user a copy of the law and regulations pertaining to the
arbitration provisions of Chapter 9.5 of Division 3 of the Code (commencing
with section 7215.6). 
(3) Provide the user with a record of the Board's name, physical address,
web site address, and telephone number. 
(4) The items described above shall be provided to the user by personal
delivery, by first class mail, postage prepaid, with return receipt
requested, or substantially similar means designed to ensure actual notice
to the user as determined by the Board in its discretion.

 

(b) The requirements of subsection (a) shall be performed within 30 calendar
days of the school decision not to permit the user's continued use of the
dog.




(c) A user may waive his or her rights to notice and arbitration under
subsection (a). To be valid, the waiver must be in writing, signed by the
user and executed either after the user has been informed of the school's
intent not to permit continued use of the dog or after the dog has been out
of the user's physical custody for 30 calendar days.

 

 

2294. Arbitration Requirements.

To utilize the arbitration panel provided for in Code section 7215.6, the
following requirements must be met:

 

(a) A school or user requesting arbitration shall submit a written request
to the Board at its office, with the requestor's original signature, which
contains the following information:

(1) The name, address, and phone number of the school;
(2) The name, address, and phone number of the user;
(3) The name of the dog which is the subject of the dispute; and
(4) An explanation of the nature of the dispute between the school and user.

 

(b) The requestor shall simultaneously submit a copy of the request to the
other party to the dispute.




(c) A request for arbitration shall be postmarked within 30 calendar days of
receipt of the school's letter of intent to not permit continued use of the
guide dog by its user. For purposes of this subsection, receipt is the day
the letter of intent was actually received by the user or, if actual receipt
cannot be determined, 10 calendar days after it was mailed.

 

 

 

 

From: Guidedogboard at DCA 
Sent: Thursday, March 17, 2016 10:38 AM
Subject: Public Meeting Notice - California State Board of Guide Dogs For
theBlind - Practice Task Force 

 

Attached and below is the agenda for the Practice Task Force Meeting on
Monday, March 28 at 1:30pm.  Additional meeting materials will be emailed
and posted on the Board’s website next week.  

 

Please let me know if you have any questions,  

 

Brian Skewis

California State Board of Guide Dogs for the Blind

Office: 916-574-7825

Email: brian.skewis at dca.ca.gov <mailto:brian.skewis at dca.ca.gov>  

 

Practice Task Force Meeting

 

Monday, March 28, 2016 

1:30 p.m. – Completion of Business

Teleconference Phone Number: 1-866-692-3158

Participant Code: 99686782

 

One or more Committee Members will participate in this meeting at the
teleconference sites listed below. Each teleconference location is
accessible to the public and the public will be given an opportunity to
address the Committee at each teleconference location. The public
teleconference sites for this meeting are as follows:

 

Department of Consumer Affairs

1625 N. Market Blvd N-112

Sacramento, CA 95834

 

1921 Bella Coola Dr

South Lake Tahoe, CA 96150

 

6043 Ralston Ave

Richmond, CA 94805

 

32901 SE Kelso Rd – Administration Building

Boring, OR 97009

 

60740 Dillon Rd

Whitewater, CA 92263

 

13445 Glenoaks Blvd

Sylmar, CA 91342

 

Practice Task Force Members

Carmen Delgado, Vice President

Don Brown

Amy Gunn

Bob Wendler

Yvonne Martin  

 

Executive Officer

Brian Skewis

 

Legal Counsel

Shela Barker

 

AGENDA

 

1.            Call to Order/Roll Call /Establishment of a quorum

 

2.            Election of Practice Task Force Chairperson

 

3.            Discussion and possible recommendation to the Board regarding
a fact sheet outlining the Board’s Arbitration program and authority

                                

4.            Discussion and possible recommendation to the Board regarding
a temporary follow-up instruction permit through legislation and regulation

 

5.            Public Comment on Items Not on the Agenda 

 

CLOSED SESSION

 

6.            Discussion and possible recommendation to the Board regarding
the preparation, approval, grading, and/or administration of the Board’s
licensing examination - The Committee will meet in closed session pursuant
to Government Code Section 11126(c)(1).

 

OPEN SESSION

 

7.            Discussion regarding frequency of Practice Task Force meetings
and 2016 meeting schedule

 

8.            Agenda Items for Next Meeting 

 

9.            Adjournment 

 

Action may be taken on any item on the agenda. Agenda items may be taken out
of order. Meetings of the Practice Task Force created by the Board of Guide
Dogs for the Blind are open to the public except when specifically noticed
otherwise in accordance with the Open Meeting Act. The meeting is accessible
to the physically disabled. A person who needs a disability-related
accommodation or modification in order to participate in the meeting may
make a request by contacting Brian Skewis at (916) 574-7825 or by e-mail at
Brian.Skewis at dca.ca.gov <mailto:Brian.Skewis at dca.ca.gov>  or send a request
to 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834. Providing your
request at least five (5) business days before the meeting will help ensure
availability of the requested accommodation.  Please be advised that while
the Board makes every effort to make meetings accessible by telephone, it is
limited by technical capabilities and technical difficulties cannot always
be prevented.  The best way to ensure participation in a meeting is to
attend in person.  

 

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