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Business and Professions Code - BPC - BPC § 2001.1
Business and Professions Code - BPC - BPC § 2001.1
Protection of the public shall be the highest priority for the Medical Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the
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Business and Professions Code - BPC - BPC § 20010
Business and Professions Code - BPC - BPC § 20010
Any condition, stipulation or provision purporting to bind any person to waive compliance with any provision of this law is contrary to public policy and void.
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Business and Professions Code - BPC - BPC § 20015
Business and Professions Code - BPC - BPC § 20015
(a) The provisions of this chapter apply to any franchise when either the franchisee is domiciled in this state or the franchised business is or has been operated in this state. (b) Any provision of a franchise agreement requiring the franchisee to waive the provisions of this ch
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Business and Professions Code - BPC - BPC § 2002
Business and Professions Code - BPC - BPC § 2002
Unless otherwise expressly provided, the term “board” as used in this chapter means the Medical Board of California. As used in this chapter or any other provision of law, “Division of Medical Quality” and “Division of Licensing” shall be deemed to refer to the board.
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Business and Professions Code - BPC - BPC § 20020
Business and Professions Code - BPC - BPC § 20020
Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the law
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Business and Professions Code - BPC - BPC § 20021
Business and Professions Code - BPC - BPC § 20021
If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: (a) The franchisee or the business to which the franc
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Business and Professions Code - BPC - BPC § 20022
Business and Professions Code - BPC - BPC § 20022
(a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for
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Business and Professions Code - BPC - BPC § 20025
Business and Professions Code - BPC - BPC § 20025
No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least 180 days prior written notice of its intention not to renew; and (a) During the 180 days prior to expiration of the franchise the franchisor permits the franchisee to sell his busi
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Business and Professions Code - BPC - BPC § 20026
Business and Professions Code - BPC - BPC § 20026
Nothing in Section 20025 shall prohibit a franchisor from offering or agreeing before expiration of the current franchise term to extend the term of the franchise for a limited period in order to satisfy the time of notice of nonrenewal requirement of that section.
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Business and Professions Code - BPC - BPC § 20027
Business and Professions Code - BPC - BPC § 20027
(a) No franchisor shall deny the surviving spouse, heirs, or estate of a deceased franchisee or the majority shareholder of the franchisee the opportunity to participate in the ownership of the franchise under a valid franchise agreement for a reasonable time after the death of t
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Business and Professions Code - BPC - BPC § 20028
Business and Professions Code - BPC - BPC § 20028
(a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the perso
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Business and Professions Code - BPC - BPC § 20029
Business and Professions Code - BPC - BPC § 20029
(a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’
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Business and Professions Code - BPC - BPC § 20030
Business and Professions Code - BPC - BPC § 20030
All notices of termination or nonrenewal required by this chapter: (a) Shall be in writing; (b) Shall be posted by registered, certified or other receipted mail, delivered by telegram or personally delivered to the franchisee; and (c) Shall contain a statement of intent to termin
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Business and Professions Code - BPC - BPC § 20035
Business and Professions Code - BPC - BPC § 20035
(a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violati
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Business and Professions Code - BPC - BPC § 20036
Business and Professions Code - BPC - BPC § 20036
The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement.
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Business and Professions Code - BPC - BPC § 20037
Business and Professions Code - BPC - BPC § 20037
Except as expressly provided herein, nothing in this article shall abrogate the right of a franchisee to sue under any other law.
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Business and Professions Code - BPC - BPC § 2004
Business and Professions Code - BPC - BPC § 2004
The board shall have the responsibility for the following: (a) The enforcement of the disciplinary and criminal provisions of the Medical Practice Act. (b) The administration and hearing of disciplinary actions. (c) Carrying out disciplinary actions appropriate to findings made b
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Business and Professions Code - BPC - BPC § 20040
Business and Professions Code - BPC - BPC § 20040
Nothing contained in this chapter shall limit the right of a franchisor and franchisee to agree before or after a dispute has arisen to binding arbitration of claims under this chapter, provided that: (a) The standards applied in such arbitration are not less than the requirement
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Business and Professions Code - BPC - BPC § 20040.5
Business and Professions Code - BPC - BPC § 20040.5
A provision in a franchise agreement restricting venue to a forum outside this state is void with respect to any claim arising under or relating to a franchise agreement involving a franchise business operating within this state.
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Business and Professions Code - BPC - BPC § 20041
Business and Professions Code - BPC - BPC § 20041
(a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. (b) The amendm
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Business and Professions Code - BPC - BPC § 20042
Business and Professions Code - BPC - BPC § 20042
The provisions of this chapter shall not apply to franchises governed by the provisions of Article 4 (commencing with Section 3060) of Chapter 6 of Division 2 of the Vehicle Code which contain the sole remedies for the matters contained therein.
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Business and Professions Code - BPC - BPC § 20043
Business and Professions Code - BPC - BPC § 20043
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the
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Business and Professions Code - BPC - BPC § 20044
Business and Professions Code - BPC - BPC § 20044
A franchisor is prohibited from modifying a franchise agreement, or requiring a general release, in exchange for any assistance related to a declared state or federal emergency.
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Business and Professions Code - BPC - BPC § 2006
Business and Professions Code - BPC - BPC § 2006
(a) Any reference in this chapter to an investigation by the board shall be deemed to refer to a joint investigation conducted by employees of the Department of Justice and the Health Quality Investigation Unit under the vertical enforcement and prosecution model, as specified in
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Business and Professions Code - BPC - BPC § 2007
Business and Professions Code - BPC - BPC § 2007
Members of the board shall only be appointed from persons who have been residents of this state for at least the five-year period preceding their appointment. Members of the board, except the public members, shall only be appointed from persons licensed as physicians and surgeons