What authority does the California Licensing Board have to determine if a title or designation is misleading?

California, United States of America


The following excerpt is from Ass'n of Cal. Ins. Cos. v. Jones, 2 Cal.5th 376, 212 Cal.Rptr.3d 395, 386 P.3d 1188 (Cal. 2017):

and designations were misleading. The board had been granted power "to adopt regulations as may be reasonably necessary to administer the Accountancy Act" (id . at p. 1010, 9 Cal.Rptr.2d 358, 831 P.2d 798 ), which included a general prohibition on the use of any title or designation that was likely to be confused with the terms reserved for licensed accountants. (Id . at p. 1004, 9 Cal.Rptr.2d 358, 831 P.2d 798.) In construing the board's authority to administer the general prohibition on misleading titles and designations, we found it "apparent" that the board had been delegated the power to determine whether a particular title or designation not explicitly identified in the statute was nonetheless likely to confuse or mislead the public. (Id . at p. 1013, 9 Cal.Rptr.2d 358, 831 P.2d 798.) We note as well that other jurisdictions have characterized a similar grant of administrative rulemaking authority as "broad." (Suttman n v. Brown (1993) 5 Vet.App. 127, 135 ;

[386 P.3d 1198]

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