ENDNOTES

1. The history of the consumer movement was drawn from a number of general literature sources, but predominantly from: Robert L. Mayer, The Consumer Movement, Guardians of the Marketplace, Twayne Publishing, 1989.

2. A detailed description of this trend and the governmental responses is contained in the Little Hoover Commission's 1996 report, When Consumers Have Choices: The State's Role in Competitive Utility Markets.

3. Business and Professions Code § 301.

4. Business and Professions Code § 302(g).

5. David L. Weimer and Aidan R. Vining, Policy Analysis: Concepts and Practice, Englewood Cliffs: Prentice Hall, 1989, and Mayer, op cit.

6. Julieanne D'Angleo Fellmeth, administrative director, Center for Public Interest Law, in testimony to the Little Hoover Commission, Nov. 20, 1997.

7. Earl Lui, advocate, Consumers Union, in testimony to the Little Hoover Commission, Nov. 20, 1997.

8. Herschel Elkins, Sr., Assistant Attorney General, Consumer Law Unit, in testimony to the Little Hoover Commission, Nov. 20, 1997.

9. On April 30, 1998, the Administration proposed a Governor's Reorganization Plan that would create a Department of Managed Health Care to assume the health-related regulatory duties of the Department of Corporations. The Legislature had not considered that proposal at the time this report was adopted by the Commission.

10. Marjorie Berte, director, Department of Consumer Affairs, in written testimony to the Little Hoover Commission, submitted Oct. 28, 1997.

11. Personal interview with Richard Spohn, former DCA director, with Commission staff.

12. Joint Legislative Sunset Review Committee, April 1997, SPCB-2; and AB 910 (Speier,) (Chapter 381, Statutes of 1995).

13. Joint Legislative Sunset Review Committee, Findings and Recommendations, April 1997.

14. Ibid.

15. Ibid.

16. Department of Consumer Affairs, Business Strategic Plan.

17. John Wilson, Deputy District Attorney, Consumer Law and Environmental Protection Unit, San Mateo County District Attorney's Office, in testimony to the Little Hoover Commission on Nov. 20, 1997, on behalf of the California District Attorneys Association, Consumer Affairs Subcommittee.

18. Interview with Dispute Resolution Office coordinator Albert Balingit, April 28, 1998.

19. Fellmeth testimony, op cit.

20. Consumers Union and CALPIRG at Consumer Advocates Round Table.

21. Jim Conran, former director of the Department of Consumer Affairs, in testimony to the Little Hoover Commission, Nov. 20, 1997.

22. Fellmeth, op cit.

23. Fellmeth, op cit.

24. California Public Interest Research Group, The Decline of Consumer Representation in the Deukmejian Administration, April 24, 1984.

25. Jon Golinger, Consumer Program Director, California Public Interest Research Group, in testimony to the Little Hoover Commission, Nov. 20, 1997.

26. Jon Golinger, Consumer Program Director, California Public Interest Research Group, in written correspondence to the Commission, April 25, 1998.

27. Ray Saatjian, deputy director for legislation, in personal communication with Commission staff.

28. Business and Professions Code § 335(g).

29. CALPIRG, 1984, op cit.

30. Business and Professions Code § 315 et seq.

31. Berte testimony, page 8.

32. Joint Sunset Review Committee, April 1997, page 6.

33. The Little Hoover Commission made a similar recommendation in 1967, but department officials said the issue has not been raised recently. In 1967, the Commission opined: "Another method of broadening the interest base of the board membership -- other than the addition of more public members -- would be the ex officio membership of the director of the department or his designee. This would have the added advantage of permitting improvement in department-wide coordination and introduce a kind of management expertise that is now lacking on many boards, which are frequently called upon to decide matters having significant administrative ramifications."

34. Business and Professions Code § 313.

35. Business and Professions Code § 201.

36. Joint Sunset Review Committee, April 1997, Crosscutting p. 4.

37. As quoted by Sunset Review Committee, April 1997.

38. Fellmeth, op cit.

39. Ibid.

40. Marjorie Berte, director of the Department of Consumer Affairs, and former director Jim Conran in discussions with the Commission's Advisory Committee.

41. Commission on California State Government Organization and Economy, An Examination of the Department of Professional and Vocational Standards, State of California, 1967.

42. Auditor General of California, The Potential Benefits of Further Centralizing the Functions of State Entities that Regulate Professions Appear Limited, P-22, May 1991.

43. Elizabeth Graddy and Michael B. Nichol, "Structural Reforms and Licensing Board Performance," American Politics Quarterly, Vol 18., No. 3, July 1990, Sage Publications.

44. Berte testimony, op cit., page 38.

45. Berte testimony, op cit. Interview with Jim Conran, former director of the Department of Consumer Affairs, with Commission staff.

46. Business and Professions Code § 311.

47. Business and Professions Code § 312.

48. Elkins testimony, op cit., and Business and Professions Code § 17500.

49. Business and Professions Code § 326.

50. Lui testimony, op cit, and in discussions with the Advisory Committee.

51. Kurt Sjoberg, State Auditor, in testimony to the Little Hoover Commission.

52. Conran testimony, op cit.


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