Ms. Figueira stated in a recent email to me:
I have submitted an IT request to correct the website statement regarding exam waivers –
Regarding your other concerns about applicants taking examinations and then ultimately not getting licensed, that can happen under multiple scenarios – an applicant can fail to provide the required bond or workers’ compensation documentation, an applicant can fail to be cleared by the Criminal Background Unit, an applicant can fail to provide requested experience documentation, etc. As a governmental agency that processed tens of thousands of applications annually, we have procedures that address the vast majority of our applications – allowing them to test as soon as possible to avoid delays in licensure… which I believe most of them are appreciative of.
If you know of an applicant who does not want to take the examination until all of his/her other licensure requirements have been met, please have them submit a written request to me to have the examination process set aside while the entire rest of the licensure process is complete. I will consider the request. Of course, even if such a request is granted, we would still need to confirm that all of the licensure requirements are still valid after the applicant has passed the examinations and is at the point of licensure issuance.
Also, be please be aware that pursuant to CCR Section 816 (c), “nothing in this Rule shall be interpreted to limit the Registrar’s authority to require an applicant to provide any other information necessary to determine the applicant’s qualifications.”
Betsy Figueira CSLB, Licensing Division Manager 916-255-3369MY OPINION (WHICH I DIDN’T SHARE WITH MS. FIGUEIRA):
It’s a banner day when the CSLB actually admits (almost) to making a mistake. Requesting to have the website updated to remove the “license denied due to lack of work experience” is a victory. This non-admittance to a mistake basically proves that cslb staff makes decisions on a whim without regards to the law. Somebody at a high level had to request that text be added to their website.MY “OTHER” CONCERNS:
Her list of why licenses are denied is correct, but she was side-stepping my comments/concerns that certain classifications are being unfairly targeted. Again, there is no specific rule, regulation, or law that gives the cslb the authority to do this.
Her comment about “procedures” for the thousands of applications they process a year is, well, ridiculous. Again, she side-stepped my comments that there are many instances, rules, regulations, laws that state that the applicant will be sent to the exams AFTER they have determined that the applicant meets the minimum requirements. Obviously they follow the procedures they want, and ignore the rules, regulations, and laws they don’t want.
She believes most of the applicants are appreciative. Granted, I do not speak with every applicant who has been sent to the exams and their app to investigation. I can only speak to the number of people who have called me with questions about what they should do. And listen to how they are unhappy with how they’ve been treated by the cslb. So unless Ms. Figueira has taken it upon herself to speak with every applicant, or even some of them, about how they feel regarding the run-around these applicants are receiving, her “belief” is, at best, a guess on her part.CCR SECTION 816 (C):
This is my all time favorite regulation! “nothing shall be interpreted to limit the Registrar’s authority.” If you are a cslb employee or manager in licensing, this means you have carte blanche to do whatever you want. How much better can it get if you are a State agency? They actually wrote a regulation that says they can make up the rules on a daily basis. Today ~ they have 8 critical classifications that they will scrutinize beyond belief. Tomorrow ~ you might have take a lie detector test, or make a personal appearance in front of an experience review committee. If the Registrar’s authority is limitless, where does it end?WE LIVE IN A DEMOCRACY! A DEMOCRACY I VOLUNTEERED TO PROTECT. HOW CAN WE ALLOW ANY GOVERNMENTAL AGENCY THE POWER OF LIMITLESS AUTHORITY?