Bill Text: CA SB1171 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulatory boards: operations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-05 - Read second time. Amended. Re-referred to Com. on RLS. [SB1171 Detail]

Download: California-2009-SB1171-Introduced.html

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BILL NUMBER: SB 1171	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Negrete McLeod

                        FEBRUARY 18, 2010

   An act to amend Sections 22, 473.1, 473.15, 473.2, 473.3, 473.4,
473.6, and 9882 of, to add Sections 473.12 and 473.7 to, to repeal
Sections 473.16 and 473.5 of, and to repeal and add Sections 101.1
and 473 of, the Business and Professions Code, relating to regulatory
boards.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1171, as introduced, Negrete McLeod. Regulatory boards:
operations.
   Existing law creates various regulatory boards, as defined, within
the Department of Consumer Affairs, with board members serving
specified terms of office. Existing law generally makes the
regulatory boards inoperative and repealed on specified dates, unless
those dates are deleted or extended by subsequent legislation, and
subjects these boards that are scheduled to become inoperative and
repealed as well as other boards in state government, as specified,
to review by the Joint Committee on Boards, Commissions, and Consumer
Protection. Under existing law, that committee, following a
specified procedure, recommends whether the board should be continued
or its functions modified. Existing law requires the State Board of
Chiropractic Examiners and the Osteopathic Medical Board of
California to submit certain analyses and reports to the committee on
specified dates and requires the committee to review those boards
and hold hearings as specified, and to make certain evaluations and
findings.
   This bill would abolish the Joint Committee on Boards,
Commissions, and Consumer Protection and would authorize the
appropriate policy committees of the Legislature to carry out its
duties. The bill would terminate the terms of office of each board
member or bureau chief within the department on unspecified dates and
would authorize successor board members and bureau chiefs to be
appointed, as specified. The bill would also subject interior design
organizations, the State Board of Chiropractic Examiners, the
Osteopathic Medical Board of California, the Tax Education Council,
and the Naturopathic Medical Committee to review on unspecified
dates. The bill would authorize the appropriate policy committees of
the Legislature to review the boards, bureaus, or entities that are
scheduled to have their board membership or bureau chief so
terminated or reviewed, as specified, and would authorize the
appropriate policy committees of the Legislature to investigate their
operations and to hold specified public hearings. The bill would
require a board, bureau, or entity, if its annual report contains
certain information, to post that report on its Internet Web site.
The bill would make other conforming changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 22 of the Business and Professions Code is
amended to read:
   22.   (a)    "Board," as used in
any provision of this code, refers to the board in which the
administration of the provision is vested, and unless otherwise
expressly provided, shall include "bureau," "commission," "committee,"
"department," "division," "examining committee," "program," and
"agency." 
   (b) Whenever the regulatory program of a board that is subject to
review by the Joint Committee on Boards, Commissions, and Consumer
Protection, as provided for in Division 1.2 (commencing with Section
473), is taken over by the department, that program shall be
designated as a "bureau." 
  SEC. 2.  Section 101.1 of the Business and Professions Code is
repealed. 
   101.1.  (a) It is the intent of the Legislature that all existing
and proposed consumer-related boards or categories of licensed
professionals be subject to a review every four years to evaluate and
determine whether each board has demonstrated a public need for the
continued existence of that board in accordance with enumerated
factors and standards as set forth in Division 1.2 (commencing with
Section 473).
   (b) (1) In the event that any board, as defined in Section 477,
becomes inoperative or is repealed in accordance with the act that
added this section, or by subsequent acts, the Department of Consumer
Affairs shall succeed to and is vested with all the duties, powers,
purposes, responsibilities and jurisdiction not otherwise repealed or
made inoperative of that board and its executive officer.
   (2) Any provision of existing law that provides for the
appointment of board members and specifies the qualifications and
tenure of board members shall not be implemented and shall have no
force or effect while that board is inoperative or repealed. Every
reference to the inoperative or repealed board, as defined in Section
477, shall be deemed to be a reference to the department.
   (3) Notwithstanding Section 107, any provision of law authorizing
the appointment of an executive officer by a board subject to the
review described in Division 1.2 (commencing with Section 473), or
prescribing his or her duties, shall not be implemented and shall
have no force or effect while the applicable board is inoperative or
repealed. Any reference to the executive officer of an inoperative or
repealed board shall be deemed to be a reference to the director or
his or her designee.
   (c) It is the intent of the Legislature that subsequent
legislation to extend or repeal the inoperative date for any board
shall be a separate bill for that purpose. 
  SEC. 3.  Section 101.1 is added to the Business and Professions
Code, to read:
   101.1.  (a) Notwithstanding any other provision of law, if the
terms of office of the members of a board are terminated in
accordance with the act that added this section or by subsequent
acts, successor members shall be appointed that shall succeed to, and
be vested with, all the duties, powers, purposes, responsibilities,
and jurisdiction not otherwise repealed or made inoperative of the
members that they are succeeding. The successor members shall be
appointed by the same appointing authorities, for the remainder of
the previous members' terms, and shall be subject to the same
membership requirements as the members they are succeeding.
   (b) Notwithstanding any other provision of law, if the term of
office for a bureau chief is terminated in accordance with the act
that added this section or by subsequent acts, a successor bureau
chief shall be appointed who shall succeed to, and be vested with,
all the duties, powers, purposes, responsibilities, and jurisdiction
not otherwise repealed or made inoperative of the bureau chief that
he or she is succeeding. The successor bureau chief shall be
appointed by the same appointing authorities, for the remainder of
the previous bureau chief's term, and shall be subject to the same
requirements as the bureau chief he or she is succeeding.
  SEC. 4.  Section 473 of the Business and Professions Code is
repealed. 
   473.  (a) There is hereby established the Joint Committee on
Boards, Commissions, and Consumer Protection.
   (b) The Joint Committee on Boards, Commissions, and Consumer
Protection shall consist of three members appointed by the Senate
Committee on Rules and three members appointed by the Speaker of the
Assembly. No more than two of the three members appointed from either
the Senate or the Assembly shall be from the same party. The Joint
Rules Committee shall appoint the chairperson of the committee.
   (c) The Joint Committee on Boards, Commissions, and Consumer
Protection shall have and exercise all of the rights, duties, and
powers conferred upon investigating committees and their members by
the Joint Rules of the Senate and Assembly as they are adopted and
amended from time to time, which provisions are incorporated herein
and made applicable to this committee and its members.
   (d) The Speaker of the Assembly and the Senate Committee on Rules
may designate staff for the Joint Committee on Boards, Commissions,
and Consumer Protection.
   (e) The Joint Committee on Boards, Commissions, and Consumer
Protection is authorized to act until January 1, 2012, at which time
the committee's existence shall terminate. 
  SEC. 5.  Section 473 is added to the Business and Professions Code,
to read:
   473.  Whenever the provisions of this code refer to the Joint
Committee on Boards, Commissions, and Consumer Protection, the
reference shall be construed to be a reference to the appropriate
policy committees of the Legislature.
  SEC. 6.  Section 473.1 of the Business and Professions Code is
amended to read:
   473.1.  This chapter shall apply to all of the following:
   (a) Every board, as defined in Section 22, that is scheduled to
 become inoperative and to be repealed on a specified date as
provided by the specific act relating to the board.  
have its membership reconstituted on a specified date as provided by
subdivision (a) of Section 473.12. 
   (b)  The Cemetery and Funeral Bureau.   Every
  bureau that is named in subdivision (b) of Section
473.12.  
   (c) Every entity that is named in subdivision (c) of Section
473.12. 
  SEC. 7.  Section 473.12 is added to the Business and Professions
Code, to read:
   473.12.  (a) Notwithstanding any other provision of law, the term
of office of each member of the following boards in the department
shall terminate on the date listed, unless a later enacted statute,
that is enacted before the date listed for that board, deletes or
extends that date:
   (1) The Dental Board of California: January 1, ____.
   (2) The Medical Board of California: January 1, ____.
   (3) The State Board of Optometry: January 1, ____.
   (4) The California State Board of Pharmacy: January 1, ____.
   (5) The Veterinary Medical Board: January 1, ____.
   (6) The California Board of Accountancy: January 1, ____.
   (7) The California Architects Board: January 1, ____.
   (8) The State Board of Barbering and Cosmetology: January 1, ____.

   (9) The Board for Professional Engineers and Land Surveyors:
January 1, ____.
   (10) The Contractors' State License Board: January 1, ____.
   (11) The Board of Registered Nursing: January 1, ____.
   (12) The Board of Behavioral Sciences: January 1, ____.
   (13) The State Athletic Commission: January 1, ____.
   (14) The State Board of Guide Dogs for the Blind: January 1, ____.

   (15) The Court Reporters Board of California: January 1, ____.
   (16) The Board of Vocational Nursing and Psychiatric Technicians:
January 1, ____.
   (17) The Landscape Architects Technical Committee: January 1,
____.
   (18) The Respiratory Care Board of California: January 1, ____.
   (19) The Acupuncture Board: January 1, ____.
   (20) The Board of Psychology: January 1, ____.
   (21) The California Board of Podiatric Medicine: January 1, ____.
   (22) The Physical Therapy Board of California: January 1, ____.
   (23) The Physician Assistant Committee of the Medical Board of
California: January 1, ____.
   (24) The Speech-Language Pathology and Audiology and Hearing Aid
Dispensers Board: January 1, ____.
   (25) The California Board of Occupational Therapy: January 1,
____.
   (26) The Dental Hygiene Committee of California: January 1, ____.
   (b) Notwithstanding any other provision of law, the term of office
for the bureau chief of each of the following bureaus shall
terminate on the date listed, unless a later enacted statute, that is
enacted before the date listed for that bureau, deletes or extends
that date:
   (1) Arbitration Review Program: January 1, ____.
   (2) Bureau for Private Postsecondary Education: January 1, ____.
   (3) Bureau of Automotive Repair: January 1, ____.
   (4) Bureau of Electronic and Appliance Repair, Home Furnishings
and Thermal Insulation: January 1, ____.
   (5) Bureau of Security and Investigative Services: January 1,
____.
   (6) Cemetery and Funeral Bureau: January 1, ____.
   (7) Professional Fiduciaries Bureau: January 1, ____.
   (8) Telephone Medical Advice Services Bureau: January 1, ____.
   (9) Division of Investigation: January 1, ____.
   (c) Notwithstanding any other provision of law, the following
shall be subject to review under this chapter on the following dates:

   (1) Interior design certification organizations: January 1, ____.
   (2) State Board of Chiropractic Examiners pursuant to Section
473.15: January 1, ____.
   (3) Osteopathic Medical Board of California pursuant to Section
473.15: January 1, ____.
   (4) California Tax Education Council: January 1, ____.
   (5) Naturopathic Medicine Committee, Osteopathic Medical Board of
California: January 1, ____.
   (d) Nothing in this section or in Section 101.1 shall be construed
to preclude, prohibit, or in any manner alter the requirement of
Senate confirmation of a board member, chief officer, or other
appointee that is subject to confirmation by the Senate as otherwise
required by law.
   (e) It is not the intent of the Legislature in enacting this
section to amend the initiative measure that established the State
Board of Chiropractic Examiners or the Osteopathic Medical Board of
California.
  SEC. 8.  Section 473.15 of the Business and Professions Code is
amended to read:
   473.15.  (a) The  Joint Committee on Boards, Commissions,
and Consumer Protection established pursuant to Section 473 
 appropriate policy committees of the Legislature  shall
review the following boards established by initiative measures, as
provided in this section:
   (1) The State Board of Chiropractic Examiners established by an
initiative measure approved by electors November 7, 1922.
   (2) The Osteopathic Medical Board of California established by an
initiative measure approved June 2, 1913, and acts amendatory thereto
approved by electors November 7, 1922.
   (b) The Osteopathic Medical Board of California shall prepare an
analysis and submit a report as described in  subdivisions
  subdivision  (a)  to (e), inclusive,
 of Section 473.2, to the  Joint Committee on
Boards, Commissions, and Consumer Protection  
appropriate policy committees of the Legislature  on or before
September 1, 2010.
   (c) The State Board of Chiropractic Examiners shall prepare an
analysis and submit a report as described in subdivisions
  subdivision  (a)  to (e), inclusive
 , of Section 473.2, to the  Joint Committee on
Boards, Commissions, and Consumer Protection  
appropriate policy committees of the Legislature  on or before
September 1, 2011.
   (d) The  Joint Committee on Boards, Commissions, and
Consumer Protection   appropriate policy committees of
the Legislature  shall, during the interim recess of 
2004 for the Osteopathic Medical Board of California, and during the
interim recess of 2011 for the State Board of Chiropractic Examiners
  2011  , hold public hearings to receive testimony
from the Director of Consumer Affairs, the  board involved
  Osteopathic Medical Board of California, the State
Board of Chiropractic Examiners  , the public, and the regulated
industry. In  that hearing   those hearings
 , each board shall be prepared to demonstrate a compelling
public need for the continued existence of the board or regulatory
program, and that its licensing function is the least restrictive
regulation consistent with the public health, safety, and welfare.
   (e) The  Joint Committee on Boards, Commissions, and
Consumer Protection   appropriate policy committees of
the Legislature  shall evaluate and make determinations pursuant
to Section 473.4  and shall report its findings and
recommendations to the department as provided in Section 473.5
 .
   (f) In the exercise of its inherent power to make investigations
and ascertain facts to formulate public policy and determine the
necessity and expediency of contemplated legislation for the
protection of the public health, safety, and welfare, it is the
intent of the Legislature that the State Board of Chiropractic
Examiners and the Osteopathic Medical Board of California be reviewed
pursuant to this section.
   (g) It is not the intent of the Legislature in  requiring
a review under   enacting  this section to amend
the initiative measures that established the State Board of
Chiropractic Examiners or the Osteopathic Medical Board of
California.
  SEC. 9.  Section 473.16 of the Business and Professions Code is
repealed. 
   473.16.  The Joint Committee on Boards, Commissions, and Consumer
Protection shall examine the composition of the Medical Board of
California and its initial and biennial fees and report to the
Governor and the Legislature its findings no later than July 1, 2008.

  SEC. 10.  Section 473.2 of the Business and Professions Code is
amended to read:
   473.2.   (a)    All boards  to which
this chapter applies   or bureaus listed in Section
473.12  shall, with the assistance of the Department of Consumer
Affairs, prepare an analysis and submit a report to the 
Joint Committee on Boards, Commissions, and Consumer Protection
  appropriate policy committees of the Legislature 
no later than 22 months before that  board  
board's membership or the bureau chief's term  shall 
become inoperative   be terminated pursuant to Section
473.12  . The analysis and report shall include, at a minimum,
all of the following: 
   (a) A comprehensive statement of the board's mission, goals,
objectives and legal jurisdiction in protecting the health, safety,
and welfare of the public.  
   (b) The board's enforcement priorities, complaint and enforcement
data, budget expenditures with average- and median-costs per case,
and case aging data specific to post and preaccusation cases at the
Attorney General's office.  
   (c) The board's  
   (1) The number of complaints it received per year, the number of
complaints per year that proceeded to investigation, the number of
accusations filed per year, and the number and kind of disciplinary
actions taken, including, but not limited to, interim suspension
orders, revocations, probations, and suspensions.  
   (2) The average amount of time per year that elapsed between
receipt of a complaint and the complaint being closed or referred to
investigation; the average amount of time per year elapsed between
the commencement of an investigation and the complaint either being
closed or an accusation being filed; the average amount of time
elapsed per year between the filing of an accusation and a final
decision, including appeals; and the average and median costs per
case.  
   (3) The average amount of time per year between final disposition
of a complaint and notice to the complainant.  
   (4) A copy of the enforcement priorities including criteria for
seeking an interim suspension order. 
    (5)     A brief description of the board's
or bureau's  fund conditions, sources of revenues, and
expenditure categories for the last four fiscal years by program
component. 
   (d) The board's description of its licensing process including the
time and costs 
    (6)     A brief description of the cost per
year  required to implement and administer its licensing
examination, ownership of the license examination,  the last
assessment of the  relevancy and validity of the licensing
examination,  and   the  passage rate 
for each of the last four years,  and areas of examination.

   (e) The board's initiation of legislative efforts, budget change
proposals, and other initiatives it has taken to improve its
legislative mandate.  
   (7) A copy of sponsored legislation and a description of its
budget change proposals.  
   (8) A brief assessment as to whether its licensing fees are
sufficient, too high, or too low.  
   (9) A brief statement detailing how the board or bureau over the
prior four years has improved its enforcement, public disclosure,
accessibility to the public, including, but not limited to, Internet
Web casts of its proceedings, and fiscal condition.  
   (b) If an annual report contains information that is required by
this section, a board or bureau may submit the annual report to the
committees and shall post that report on the board's or bureau's
Internet Web site. 
  SEC. 11.  Section 473.3 of the Business and Professions Code is
amended to read:
   473.3.   (a)    Prior to the
termination  , continuation, or reestablishment 
 of the terms of office  of  the membership of  any
board or  any of the board's functions, the Joint Committee
on Boards, Commissions, and Consumer Protection shall  
the chief of any bureau described in Section 473.12, the appropriate
policy committees of the Legislature  , during the interim
recess preceding the date upon which a  board becomes
inoperative   board member's or bureau chief's term of
office is to be terminated, may  hold public hearings to receive
 and consider  testimony from the Director of Consumer
Affairs, the board  or bureau  involved,  and
  the Attorney   General, members of  the
public  ,  and  representatives of the  regulated
industry  . In that hearing, each board shall have the burden
of demonstrating a compelling public need for the continued
existence of the board or regulatory program, and that its licensing
function is the least restrictive regulation consistent with the
public health, safety, and welfare   regarding whether
the board's or bureau's policies and practices, including
enforcement, disclosure, licensing examination, and fee structure,
are sufficient to protect consumers and are fair to licensees and
prospective licensees, whether licensure of the profession is
required to protect the public, and whether an enforcement monitor
may be necessary to obtain further information on operations  .

   (b) In addition to subdivision (a), in 2002 and every four years
thereafter, the committee, in cooperation with the California
Postsecondary Education Commission, shall hold a public hearing to
receive testimony from the Director of Consumer Affairs, the Bureau
for Private Postsecondary and Vocational Education, private
postsecondary educational institutions regulated by the bureau, and
students of those institutions. In those hearings, the bureau shall
have the burden of demonstrating a compelling public need for the
continued existence of the bureau and its regulatory program, and
that its function is the least restrictive regulation consistent with
the public health, safety, and welfare.  
   (c) The committee, in cooperation with the California
Postsecondary Education Commission, shall evaluate and review the
effectiveness and efficiency of the Bureau for Private Postsecondary
and Vocational Education, based on factors and minimum standards of
performance that are specified in Section 473.4. The committee shall
report its findings and recommendations as specified in Section
473.5. The bureau shall prepare an analysis and submit a report to
the committee as specified in Section 473.2.  
   (d) In addition to subdivision (a), in 2003 and every four years
thereafter, the committee shall hold a public hearing to receive
testimony from the Director of Consumer Affairs and the Bureau of
Automotive Repair. In those hearings, the bureau shall have the
burden of demonstrating a compelling public need for the continued
existence of the bureau and its regulatory program, and that its
function is the least restrictive regulation consistent with the
public health, safety, and welfare.  
   (e) The committee shall evaluate and review the effectiveness and
efficiency of the Bureau of Automotive Repair based on factors and
minimum standards of performance that are specified in Section 473.4.
The committee shall report its findings and recommendations as
specified in Section 473.5. The bureau shall prepare an analysis and
submit a report to the committee as specified in Section 473.2.

  SEC. 12.  Section 473.4 of the Business and Professions Code is
amended to read:
   473.4.  (a) The  Joint Committee on Boards, Commissions,
and Consumer Protection shall   appropriate policy
committees of the Legislature may  evaluate and determine
whether a board or regulatory program has demonstrated a public need
for the continued existence of the  board or
regulatory program and for the degree of regulation the board or
regulatory program implements based on the following factors and
minimum standards of performance:
   (1) Whether regulation by the board is necessary to protect the
public health, safety, and welfare.
   (2) Whether the basis or facts that necessitated the initial
licensing or regulation of a practice or profession have changed.
   (3) Whether other conditions have arisen that would warrant
increased, decreased, or the same degree of regulation.
   (4) If regulation of the profession or practice is necessary,
whether existing statutes and regulations establish the least
restrictive form of regulation consistent with the public interest,
considering other available regulatory mechanisms, and whether the
board rules enhance the public interest and are within the scope of
legislative intent.
   (5) Whether the board operates and enforces its regulatory
responsibilities in the public interest and whether its regulatory
mission is impeded or enhanced by existing statutes, regulations,
policies, practices, or any other circumstances, including budgetary,
resource, and personnel matters.
   (6) Whether an analysis of board operations indicates that the
board performs its statutory duties efficiently and effectively.
   (7) Whether the composition of the board adequately represents the
public interest and whether the board encourages public
participation in its decisions rather than participation only by the
industry and individuals it regulates.
   (8) Whether the board and its laws or regulations stimulate or
restrict competition, and the extent of the economic impact the board'
s regulatory practices have on the state's business and technological
growth.
   (9) Whether complaint, investigation, powers to intervene, and
disciplinary procedures adequately protect the public and whether
final dispositions of complaints, investigations, restraining orders,
and disciplinary actions are in the public interest; or if it is,
instead, self-serving to the profession, industry or individuals
being regulated by the board.
   (10) Whether the scope of practice of the regulated profession or
occupation contributes to the highest utilization of personnel and
whether entry requirements encourage affirmative action.
   (11) Whether administrative and statutory changes are necessary to
improve board operations to enhance the public interest. 
   (b) The Joint Committee on Boards, Commissions, and Consumer
Protection shall consider alternatives to placing responsibilities
and jurisdiction of the board under the Department of Consumer
Affairs.  
   (c) 
    (b)  Nothing in this section precludes any board from
submitting other appropriate information to the  Joint
Committee on Boards, Commissions, and Consumer Protection. 
 appropriate policy committees of the Legislature. 
  SEC. 13.  Section 473.5 of the Business and Professions Code is
repealed. 
   473.5.  The Joint Committee on Boards, Commissions, and Consumer
Protection shall report its findings and preliminary recommendations
to the department for its review, and, within 90 days of receiving
the report, the department shall report its findings and
recommendations to the Joint Committee on Boards, Commissions, and
Consumer Protection during the next year of the regular session that
follows the hearings described in Section 473.3. The committee shall
then meet to vote on final recommendations. A final report shall be
completed by the committee and made available to the public and the
Legislature. The report shall include final recommendations of the
department and the committee and whether each board or function
scheduled for repeal shall be terminated, continued, or
reestablished, and whether its functions
                should be revised. If the committee or the department
deems it advisable, the report may include proposed bills to carry
out its recommendations. 
  SEC. 14.  Section 473.6 of the Business and Professions Code is
amended to read:
   473.6.  The chairpersons of the appropriate policy committees of
the Legislature may refer to  the Joint Committee on Boards,
Commissions, and Consumer Protection for   interim study
 review of any legislative issues or proposals to create new
licensure or regulatory categories, change licensing requirements,
modify scope of practice, or create a new licensing board under the
provisions of this code or pursuant to Chapter 1.5 (commencing with
Section 9148) of Part 1 of Division 2 of Title 2 of the Government
Code.
  SEC. 15.  Section 473.7 is added to the Business and Professions
Code, to read:
   473.7.  The appropriate policy committees of the Legislature may,
through their oversight function, investigate the operations of any
entity to which this chapter applies and hold public hearings on any
matter subject to public hearing under Section 473.3.
  SEC. 16.  Section 9882 of the Business and Professions Code is
amended to read:
   9882.  (a) There is in the Department of Consumer Affairs a Bureau
of Automotive Repair under the supervision and control of the
director. The duty of enforcing and administering this chapter is
vested in the chief who is responsible to the director. The director
may adopt and enforce those rules and regulations that he or she
determines are reasonably necessary to carry out the purposes of this
chapter and declaring the policy of the bureau, including a system
for the issuance of citations for violations of this chapter as
specified in Section 125.9. These rules and regulations shall be
adopted pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
   (b) In 2003 and every four years thereafter, the  Joint
Committee on Boards, Commissions, and Consumer Protection shall
  appropriate policy committees of the Legislature may
 hold a public hearing to receive  and consider 
testimony from the Director of Consumer Affairs  and
  ,  the bureau  . In those hearings, the
bureau shall have the burden of demonstrating a compelling public
need for the continued existence of the bureau and its regulatory
program, and that its function is the least restrictive regulation
consistent with the public health, safety, and welfare  
,   the Attorney General, members of the public, and
representatives of this industry regarding the bureau's policies and
practices as specif   ied in Section 473.3  . The
 committee shall   appropriate policy committees
of the Legislature may  evaluate and review the effectiveness
and efficiency of the bureau based on factors and minimum standards
of performance that are specified in Section 473.4.  The
committee shall report its findings and recommendations as specified
in Section 473.5. The bureau shall prepare an analysis and
submit a report to the  committee   appropriate
policy committees of the Legislature  as specified in Section
473.2.