Section 2611.5 - Retention of Candidate Files(a) For purposes of the regulations contained in this division, the following terms have the following meanings: (1) "Candidate file" means the file maintained by the Board relating to a candidate's eligibility for examinations or licensure and previous examinations taken by that candidate. References in section 2620(d)(2) to "applications" and "records" shall be deemed references to a candidate file.(2) "Examination" means an examination necessary for licensure.(3) "Inactive" means that a candidate, during the period of time specified, has not:(A) Submitted an eligibility application for an examination. For purposes of this subparagraph, "submitted" means that the Board has received the application.(B) Responded in writing to an issued or mailed notice from the Board that their eligibility application is incomplete or a request from the Board for additional information. For purposes of this subparagraph, "responded" means that the Board has received the candidate's response.(C) Taken an examination. For purposes of this subparagraph, "taken an examination" means that the Board has received the candidate's examination results.(D) Applied for a license or requested the Board retain their candidate file for an additional time. For purposes of this subparagraph, "requested" means that the Board has received the candidate's request.(b) The Board shall retain candidate files on the following schedule: (1) If a candidate still needs to pass an examination necessary for licensure, the Board shall not purge a candidate file until (A) the file has been inactive for the previous five years, (B) the Board has mailed the candidate, at the candidate's last address known to the Board, notice of its intention to purge their file, and (C) the Board has waited at least six weeks after mailing to receive a request to retain the file for an additional time. Except as provided in subsection (c), the Board shall purge an inactive candidate file if all of the preceding conditions are met.(2) If a candidate has passed both examinations necessary for licensure, the Board shall not purge a candidate file until:(A) The date after which the Board would be prohibited from issuing a license to the candidate pursuant to Section 2616(b).(B) The date on which the candidate is issued a license. The Board shall re-designate the candidate file as a license file after that date.(c) Notwithstanding subsection (b), the Board shall retain a candidate's examination scores.Cal. Code Regs. Tit. 16, § 2611.5
1. New section filed 12-13-2021; operative 4-1-2022 (Register 2021, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Section 5630, Business and Professions Code. Reference: Section 5650, Business and Professions Code.
1. New section filed 12-13-2021; operative 4/1/2022 (Register 2021, No. 51). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.