[Cagdu] FW: Guide Dog Board - Practice Task Force Meeting Materials for 1-19-17 meeting

Tue Jan 17 08:16:27 PST 2017

From: Skewis, Brian at DCA [mailto:Brian.Skewis at dca.ca.gov] 
Sent: Thursday, January 12, 2017 2:03 PM
To: Undisclosed recipients:
Subject: Guide Dog Board - Practice Task Force Meeting Materials for 1-19-17
meeting

Hello,

Attached and below, please find meeting materials for the Guide Dog Board's
Practice Task Force Meeting to be held on January 19, 2017 at 10:30am.
Please contact me if you have any questions or concerns.    

Thanks,

Brian Skewis

Executive Officer

California State Board of Guide Dogs for the Blind

Office: 916-574-7825

Fax: 916-574-7829

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

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

California State Board of Guide Dogs for the Blind

Practice Task Force Meeting Materials

Thursday, January 19, 2017 

10:30 a.m. - Completion of Business

Teleconference Phone Number: 1-866-692-3158

Participant Code: 99686782

Materials

1.       Call to order/roll call /establishment of a quorum

No Materials Necessary

2.      Approval of the May 31, 2016 meeting minutes

Please see attached document titled "Attachment 1 - DRAFT Meeting Minutes -
5-31-16 - Practice Task Force"

3.      Presentation from Legal Counsel Shela Barker regarding existing
guide dog title transfer laws.

Please see attached document titled "Attachment 2 - Title Transfer Laws"

4.       Discussion and possible recommendation to the Board regarding
suggested statutory changes.

There are two versions of these materials: 

For a comparison of existing law and proposed changes, please see attached
documents titled "Attachment 3 - COMPARISON - 2017 BUSINESS AND PROFESSIONS
CODE - Suggested Changes Comparison"

To view the language in track changes, please see attached documents titled
"Attachment 4 - TRACK CHANGES - 2017 BUSINESS AND PROFESSIONS CODE - All
Suggestions"

5.       Public Comment on Items Not on the Agenda 

No Materials Necessary

6.       Agenda Items for Next Meeting 

No Materials Necessary

7.       Adjournment 

No Materials Necessary

ATTACHMENT 1

California State Board of Guide Dogs for the Blind

DRAFT Practice Task Force Meeting Minutes

Tuesday, May 31, 2016 

1:33 p.m. - 2:47 p.m.

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

Additional Location with Public Access:

Department of Consumer Affairs

1625 N. Market Blvd N-112

Sacramento, CA 95834

Practice Task Force Members

Bob Wendler - Chair

Carmen Delgado, Board Vice President

Don Brown

Amy Gunn

Yvonne Martin

Executive Officer

Brian Skewis

Legal Counsel

Shela Barker

AGENDA

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

EO Skewis called the meeting to order.  All five members were recorded as
present and a quorum was established. 

2.      Approval of Meeting Minutes Dated March 28, 2016

Member Martin motioned to approve the minutes.

Vice President Delgado seconded the motion.

Motion Passed: 5 ayes, 0 no's. 

3.      Discussion and possible recommendation to the Board regarding fact
sheets outlining the Board's programs and authority

EO Skewis presented draft fact sheets to the task force.  General discussion
took place regarding the content.  

No motions recorded.

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

EO Skewis presented the concept of a temporary license to allow out-of-state
instructors to provide follow-up services without obtaining full licensure
from the Board.  General discussion took place regarding the concept.

Member Brown motioned to table the conversation until the next meeting due
to existing legislation pertaining to the topic.  

Member Martin seconded the motion.

Motion Passed: 5 ayes, 0 no's

5.       Public Comment on Items Not on the Agenda 

No comments made

6.       Agenda Items for Next Meeting 

No suggestions made

7.       Adjournment 

Member Brown motioned to adjourn at 2:46 p.m.

Member Martin seconded the motion.

Motion Passed: 5 ayes, 0 no's

ATTACHMENT 2 

7215.5.

(a) During the first year following the successful training of each
person-dog unit, and release from a guide dog training school of the trained
person supplied with a guide dog, the school may retain title to the trained
dog. During this probationary year, the school may enter into a contractual
agreement with the user of the dog describing the conditions under which the
user may maintain the status of legal custodian of the dog. During the
probationary year, the school, acting in what it deems to be the best
interest of the user, the dog, or the public, may temporarily or permanently
resume possession of the dog.

(b) Within 15 days after the end of each fiscal year, each licensed school
shall report to the board the following:

(1) The number of dog ownership titles transferred to dog users pursuant to
this section during the calendar year.

(2) The number of title recoveries and repossessions made by the school
pursuant to this section during the calendar year.

(3) The number, type, and amount of charges assessed for followup training,
instruction, veterinary, or boarding services, pursuant to this section,
which make a distinction between users who have acquired title to their dogs
and users who have not acquired title.

(4) The views of the governing entity of the school as to any problems or
concerns relative to compliance with the provisions of this section, along
with recommendations for appropriate legislative or administrative changes
commensurate with the purposes of this section.

(c) Immediately upon completion of the first year following the successful
training referred to above, if the training school and the dog user are
mutually satisfied with the operation of the person-dog unit, title to the
dog shall be transferred to the user who is blind or visually impaired if
the user so desires. Transfer of title shall be evidenced by a transfer of
title agreement executed by both parties thereto. The school may retain an
option to recover title and possession to the guide dog subject to
conditions described in the transfer of title agreement. These conditions
may include, but are not limited to, the following:

(1) If in the school's opinion, the guide dog is being misused or neglected
or mistreated by its user who is blind or visually impaired.

(2) If the user to whom the dog was furnished has ceased to use the dog as a
guide and the dog is not too old to be retrained as a guide for another
person who is blind or visually impaired.

(3) If, in the school's opinion, the dog is no longer a safe guide and the
user refuses to cease using the dog as a guide after being requested by the
school to cease this use.

(d) The guide dog school shall make no distinction as to the quality or
extent of followup or supportive services available to its blind graduates
based on whether they elect to acquire title to their dogs or allow title to
remain with the school after the probationary year. The school may, however,
make this distinction when assessing reasonable and appropriate charges for
followup training, instruction, veterinary, or boarding services.

(e) No applicant for admission to a guide dog training school, nor any
enrolled student, shall be required by the school prior to completion of his
or her training to sign any instrument or to announce his or her intention
regarding transfer of title of the dog from the school to himself or herself
upon completion of the training and probation period.

(Amended by Stats. 2015, Ch. 430, Sec. 18. Effective January 1, 2016.)

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.

(Amended by Stats. 2013, Ch. 333, Sec. 7. Effective January 1, 2014.
Repealed as of January 1, 2018, by its own provisions.)

ATTACHMENT 3

Section 7200 

Existing Language

(a) There is in the Department of Consumer Affairs a State Board of Guide
Dogs for the Blind in whom enforcement of this chapter is vested. The board
shall consist of seven members appointed by the Governor. One member shall
be the Director of Rehabilitation or his or her designated representative.
The remaining members shall be persons who have shown a particular interest
in dealing with the problems of persons who are blind or visually impaired
and at least two of them shall be persons who are blind or visually impaired
who use guide dogs.

(b) 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. Notwithstanding any
other law, the repeal of this section renders the board subject to review by
the appropriate policy committees of the Legislature.

Proposed Language

(a) There is in the Department of Consumer Affairs a State Board of Guide
Dogs for the Blind in whom enforcement of this chapter is vested. The board
shall consist of seven members appointed by the Governor. One member shall
be the Director of Rehabilitation or his or her designated representative.
The remaining members shall be persons who have shown a particular interest
in the use of guide dogs in the blind community and at least three of them
shall be persons who are blind or visually impaired who use guide dogs.

(b) 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. Notwithstanding any
other law, the repeal of this section renders the board subject to review by
the appropriate policy committees of the Legislature. 

Section 7201

Existing Language

No person shall be eligible to membership in the board who is a stockholder
in, or an owner of, or financially interested directly or indirectly, in any
company, organization, or concern supplying, delivering, or furnishing any
guide dogs for use by persons who are blind or visually impaired.

Proposed Language

No person shall be eligible to membership in the board who is a stockholder
in, or an owner of, employee of, or financially interested directly or
indirectly, in any company, organization, or concern supplying, delivering,
or furnishing any guide dogs for use by persons who are blind or visually
impaired. Licensees of the Board shall not be eligible for membership in the
Board.   

Section 7203

Existing Language

The board shall organize and elect from its membership a president and vice
president and secretary who shall hold office for one year or until the
election and qualification of a successor.

Proposed Language

The board shall organize and elect from its membership a president and vice
president who shall hold office for one year or until the election and
qualification of a successor.

Section 7204

Existing Language

The executive officer shall keep all the records of the board and discharge
such other duties as the board shall, from time to time, prescribe.

Proposed Language

(a) The board may appoint a person exempt from civil service who shall be
designated as an executive officer and who shall exercise the powers and
perform the duties delegated by the board and vested in him or her by this
chapter. The executive officer may or may not be a member of the board as
the board may determine.

(b) The executive officer shall receive the compensation as established by
the board with the approval of the Director of Finance. The executive
officer shall also be entitled to travel and other expenses necessary in the
performance of his or her duties.

(c) The executive officer shall maintain and update in a timely fashion
records containing the names, titles, qualifications, and places of business
of all persons subject to this chapter.

(d) The executive officer shall give receipts for all money received by him
or her and pay it to the department, taking its receipt therefor. Besides
the duties required by this chapter, the executive officer shall perform
other duties pertaining to the office as may be required of him or her by
the board.

(e)The executive officer shall keep all the records of the board and
discharge such other duties as the board shall, from time to time,
prescribe.

(f) This section shall remain in effect only until January 1, 20XX, and as
of that date is repealed, unless a later enacted statute, that is enacted
before January 1, 20XX, deletes or extends that date.

Section 7208

Existing Language

Pursuant to the provisions of the Administrative Procedure Act the board may
make such rules and regulations as are reasonably necessary to:

(a) Govern the procedure of the board.

(b) Govern the admission of applicants for examination for license to
instruct persons who are blind or visually impaired in the use of guide dogs
or to engage in the business of training, selling, hiring, or being in the
business of supplying guide dogs for persons who are blind or visually
impaired.

(c) Govern the operation of schools which furnish guide dogs and train
persons who are blind or visually impaired to use guide dogs.

(d) The reissuance of licenses.

(e) The reexamination of licensees.

Proposed Language

The board may in accordance with the provisions of the Administrative
Procedure Act, adopt, amend, or repeal rules and regulations that are
reasonably necessary to carry into effect the provisions of this chapter.

Section 7209

Existing Language

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.

Proposed Language

(a) To be eligible for examination as an instructor, a person must have had
at least three years actual experience, comprising such number of hours as
the board may require, as an apprentice-instructor at a school licensed by
the Board or an instructor at a school for the training of guide dogs and
guide dog users located outside of California.  The applicant for
examination shall have handled 22 person-dog units under the supervision of
a licensed instructor; or its equivalent, as determined by the board.

(b) Prior to application for examination, the school shall evaluate the
apprentice-instructor or instructor for the following:

                (1) knowledge of specific challenges of being blind or
visually impaired;

(2) demonstrated ability to teach members of the blind community in the
effective use of guide dogs and train guide dogs for use by people who are
blind or visually impaired;    

(3) be suited temperamentally and otherwise to effectively train guide dogs
and instruct persons in the use of guide dogs. 

(c) Applicants for examination shall submit certification, on a form
provided by the Board, from the school evaluating the apprentice-instructor
or instructor, that the provisions of subdivision (b) have been met and that
the school certifies the applicant for the examination.   

Section 7209.5

Existing language

Except as the context otherwise requires, as used in this chapter the term
"instructor" means a person who instructs persons who are blind or visually
impaired in the use of guide dogs or who engages in the business of
training, selling, hiring, or supplying guide dogs for persons who are blind
or visually impaired.

proposed language

Except as the context otherwise requires, as used in this chapter the term:

(a) "instructor" means a person who teaches or trains persons who are blind
or visually impaired in the use of guide dogs or who engages in the business
of training, or otherwise supplying guide dogs for persons who are blind or
visually impaired.

(b) "apprentice-instructor" means anyone that works in an instructional
capacity under the supervision of a licensed instructor. 

Section 7210.6

Existing language

A person desiring to establish a licensed guide dog school in this state,
whose plan of operation has been approved by the State Board of Guide Dogs
for the Blind and who has furnished to the board satisfactory evidence of
financial responsibility, may secure from such board a license to solicit
funds for the establishment of a guide dog training school for a period of
one year, provided that:

(a) All funds raised during such one-year period shall be held in a trust
and under the control of the trust department of a bank or trust company in
this state.

(b) A record of the names and addresses of donors to the fund shall be kept
by the fund raiser and furnished to the board on demand with respect to all
contributions in excess of ten dollars ($10) in funds or property from any
one donor.

(c) In the event sufficient funds have not been raised within one year from
the issuance of such license to finance establishment and initial operation
of a guide dog school, all such funds, after payment of the costs of fund
raising, and the option to buy land, the cost of which shall not exceed 20
percent of the funds raised, shall be repaid prorata to the donors thereof
with respect to any donations in excess of ten dollars ($10) from any one
donor.

(d) A fee of fifty dollars ($50) shall be paid upon issuance of a license
for advance solicitation. In the discretion of the board, for good cause
shown by the applicant, the license for advance solicitation may be extended
for one additional year. During the period of advance solicitation, no funds
shall be expended for purposes other than the cost of fund raising and the
cost of obtaining an option to buy or lease land for a school site.

proposed language

Repeal Section

Section 7210.7

Existing language

Schools and instructors licensed by the board may provide home training 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.

proposed language

Schools and instructors licensed by the board may provide home training in
the use of guide dogs.  Schools and instructors shall retain accurate
records regarding home training for a period of 3 years after the cessation
of the guide dog team.  

Section 7211.2

Existing language

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 suspended or revoked, or may decline to
issue a license, 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.

proposed language

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 suspended or revoked, or may decline to
issue a license, for any conviction of a crime substantially related to the
qualifications, functions, or duties of any license provided for in this
Chapter, 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.

Section 7211.9

Existing language

The board may suspend or revoke a license 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.

proposed language

The board may suspend or revoke a license 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 substantially related to the
qualifications, functions, or duties of any license provided for in this
Chapter, 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.

Section 7215.5

Existing language

(a) During the first year following the successful training of each
person-dog unit, and release from a guide dog training school of the trained
person supplied with a guide dog, the school may retain title to the trained
dog. During this probationary year, the school may enter into a contractual
agreement with the user of the dog describing the conditions under which the
user may maintain the status of legal custodian of the dog. During the
probationary year, the school, acting in what it deems to be the best
interest of the user, the dog, or the public, may temporarily or permanently
resume possession of the dog.

(b) Within 15 days after the end of each fiscal year, each licensed school
shall report to the board the following: