44438. (a) “Private admonition,” as used in this article and in Article 3 (commencing with Section 44240) of Chapter 2, is a warning, in writing, to the applicant or credentialholder that states in ordinary and concise language the act or omission of the applicant or credentialholder and further states that repetition of that act or omission may result in denial, suspension, or revocation of the credential.
(b) The private admonition shall be included in the applicant’s or credential holder’s file, maintained by the commission.
(c) The applicant’s or credentialholder’s employer at the time of admonition shall receive a copy of the admonition and shall not make that copy accessible or disclose the contents thereof, unless the applicant or credentialholder consents, in writing, thereto.
(d) For purposes of Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, the private admonition is deemed a personnel record within the meaning of Section 7927.700 of the Government Code.
(e) The commission and the applicant’s or credentialholder’s employer shall expunge all records pertaining to the private admonition maintained in the applicant’s or credentialholder’s files pursuant to subdivisions (b) and (c) at the expiration of three years, so long as there is no recurrence of the offense.
(Amended by Stats. 2021, Ch. 615, Sec. 68. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)