Board votes to initiate rulemaking to raise fees, create retired license status and require petition adjudication deposits
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Summary
The board voted to begin rulemaking on a trimmed regulatory package that updates renewal forms, creates a retired‑license status and requires petition application fees and a $20,000 adjudication deposit (refundable if actual costs are lower). Staff said the changes support statutory cost recovery and an upcoming legislative oversight timetable.
The board approved a motion to approve proposed regulatory text (attachments 1–5), adopt and repeal specified forms, and submit the package for departmental review, authorizing the executive director to initiate the rulemaking process if no adverse comments are received.
Staff described the package as a narrowed effort focused on fee‑related and administrative updates so the board can bring fee levels to the statutory maximum before pursuing additional legislative changes. The package removes the outdated OMB‑2 renewal form and replaces it with narrative requirements, creates a new retired‑license status with application and restoration forms (OMB‑31 and OMB‑32), and establishes a consolidated petition form (OMB‑7) for reinstatement or modification of penalty.
A central policy change is the petition adjudication fee: staff proposed an adjudication deposit of $20,000 to be paid and cleared prior to scheduling a hearing, to cover Attorney General, Office of Administrative Hearings and court‑reporter costs. Staff said petition application fees are set at $2,800 for reinstatement and $1,500 for modification of penalty; retired‑license application fees were listed at $200 (application) and $400 (restore). The package includes a refund mechanism if actual adjudication costs are less than the deposit; if actual costs exceed $20,000, the board will absorb the excess.
Board members debated whether hardship waivers should be available and whether cost recovery would reduce pressure for broad fee increases. Staff said recovering petition costs is consistent with the statute the board supported in 2023 and that the step is part of a broader effort to address a projected structural deficit.
What the board did: The board voted to initiate rulemaking to amend CCR sections 16.30, 16.36, 16.46, 16.47, 16.48, 16.56, 16.58 and 16.90 and to submit the proposed package to the Department for review. The matter will proceed through the 45‑day public comment period and return for further action if adverse comments or requested hearings appear.