Skip to Main Content
Home Page Menu
Search
Organization Title

Approved Fingerprint Regulations

Approved Final Text

Adopt Sections 869.1, 869.2, 869.3, 869.4 and 869.5 of Division 8 of Title 16 of the California Code of Regulations as follows:

869.1    Applicant Defined

(a) All applicants for licensure shall furnish a full set of fingerprints for purposes of the board conducting a criminal history record check. The fingerprints will be used to allow the California Department of Justice and the Federal Bureau of Investigation to provide criminal history to the Board.
(b) For purposes of fingerprinting, "applicant" means any individual applying to be a member of the personnel of record
(c) For purposes of fingerprinting, "applicant" means an individual applying for a home improvement registration.

Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1, Business and Professions Code.

869.2    Exemptions

(a) Applicants for a joint venture license, who hold a current, active license in good standing are not subject to fingerprinting.
(b) Individuals already fingerprinted as required by Section 869.1 and for whom subsequent arrest information remains available at the Board need not submit fingerprints when submitting a subsequent application,

Note: Authority cited: Sections 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1, Business and Professions Code.

869.3    Methods for Submitting Fingerprints

(a) Applicants residing inside the State of California shall submit their fingerprints through the electronic format certified by the California Department of Justice but, with approval of the Registrar, may submit their fingerprints on hard copy forms provided by the Registrar.
(b) Applicants residing outside the State of California may submit their fingerprints using the electronic format certified by the California Department of Justice but also may submit their fingerprints on hard copy forms provided by the Registrar.

Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1 Business and Professions Code.

869.4    Subsequent Arrest History

(a) Once an applicant has been fingerprinted, the Board will maintain access to the applicant's subsequent arrest history until such time as the individual's license is cancelled, revoked or no longer renewable.
(b) Once the Board no longer receives subsequent arrest information, an individual seeking to apply for a license must be fingerprinted as required in Section 869.1.

Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7069 and 7153.1 Business and Professions Code.

869.5    Inquiry into Criminal Convictions

The Board may conduct an inquiry into the circumstances surrounding the commission of a crime in order to fix the degree of discipline or to determine if the crime is substantially related to the qualifications, functions, and duties of an applicant or licensee by requiring the applicant or licensee to provide documents including, but not limited to, certified court documents, certified court orders or sentencing documents.

Note: Authority cited: Sections 480, 481 and 7008, Business and Professions Code. Reference: Section 493, 480, 481, 7066, 7069 and 7073, Business and Professions Code.

 
Back to Top