(a) If upon investigation, the board has probable cause to believe that a person, company, or association is advertising with respect to the offering or provision of an educational program or course that requires board approval without being properly approved by the board to offer or provide the educational program or course, the board may issue a citation in accordance with Section 148.
(b) Each citation issued pursuant to subdivision (a) may contain:
(1) An assessment of an administrative fine. Administrative fines shall range from fifty dollars ($50) to five thousand dollars ($5,000), inclusive, for each violation. Any sanction authorized for activity under this section shall be separate from and in addition to any other civil or criminal remedies.
(2) An order of correction that requires the violator to do both of the following:
(A) Cease the unlawful advertising.
(B) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(c) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the board in writing that they intend to contest the citation. The board shall afford an opportunity for a hearing, as specified in Section 125.9.
(d) 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 board shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person, company, or association to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.
(e) 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.
(Added by Stats. 2024, Ch. 483, Sec. 41. (SB 1453) Effective January 1, 2025.)