§ 149. — 149. (Amended by Stats. 2014, Ch. 395, Sec. 2.)

California § 149.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 1.: DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS
• Ch. 1.5.: CHAPTER 1.5. Unlicensed Activity Enforcement

Text

(a)
If, upon investigation, an agency designated in Section 101 has probable cause to believe that a person is advertising with respect to the offering or performance of services, without being properly licensed by or registered with the agency to offer or perform those services, the agency may issue a citation under Section 148 containing an order of correction that requires the violator to do both of the following:
(1)
Cease the unlawful advertising.
(2)
Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(b)
This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the agency in writing that he or she intends to contest the citation. The agency shall afford an opportunity for a hearing, as specified in Section 125.9.
(c)
If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the agency shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(d)
The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate
service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service.

Legislative History

Amended by Stats. 2014, Ch. 395, Sec. 2. (SB 1243) Effective January 1, 2015.