California Codes, Business and Professions Code - BPC, Division 1 — Department of Consumer Affairs, Chapter 6 — Public Members, Section 451

If any board shall as a part of its functions delegate any duty or responsibility to be performed by a single member of such board, such delegation shall not be made solely to any public member or any lay member of the board in any of the following instances:

(a) The actual preparation of, the administration of, and the grading of, examinations.

(b) The inspection or investigation of licentiates, the manner or method of practice or doing business, or their place of practice or business.

Nothing in this section shall be construed as precluding a public member or a lay member from participating in the formation of policy relating to the scope of the activities set forth in subdivisions (a) and (b) or in the approval, disapproval or modification of the action of its individual members, nor preclude such member from participating as a member of a subcommittee consisting of more than one member of the board in the performance of any duty.

Notes

Prohibits a board from delegating examination preparation, administration, grading, or licensee inspection and investigation solely to a public or lay member. Allows those members to help form policy, review individual members’ actions, and participate in multi-member subcommittees performing such duties, so the bar applies only to sole-member delegation of the specified functions.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 451 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-1/chapter-6/section-451

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