BILL NUMBER: AB 761 CHAPTERED 09/19/01 CHAPTER 309 FILED WITH SECRETARY OF STATE SEPTEMBER 19, 2001 APPROVED BY GOVERNOR SEPTEMBER 18, 2001 PASSED THE ASSEMBLY AUGUST 30, 2001 PASSED THE SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 20, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY APRIL 30, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 INTRODUCED BY Assembly Member Maddox FEBRUARY 22, 2001 An act to amend Section 125.9 of, and to add Sections 7527.1, 7541.2, and 7567 to, the Business and Professions Code, relating to private investigators. LEGISLATIVE COUNSEL'S DIGEST AB 761, Maddox. Private investigators: continuing education. Existing law, the Private Investigator Act, authorizes the Director of Consumer Affairs to require an applicant for a private investigator's license, or his or her manager, to demonstrate the applicant's qualifications by a written or oral examination, or combination of both. Existing law also requires an applicant for licensure to meet certain experience requirements. This bill would require the Bureau of Security and Investigative Services to consider including on the licensure examination questions on the subject of laws relating to privacy and professional ethics and to consider supplementing the examination with a separate professional ethics examination. If the bureau determines to supplement the examination with a professional ethics examination, the bill would require the bureau to require that current licensees take the examination if this requirement is appropriate. The bill would also authorize the bureau to require an applicant for licensure to submit proof of satisfactory completion of a course in professional ethics, and would authorize the bureau to specify which courses and course providers would satisfy the requirement. The bill would authorize the bureau to require a licensee who violates any provision of the act to either satisfactorily complete relevant coursework or retake the licensing examination. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 125.9 of the Business and Professions Code is amended to read: 125.9. (a) Except with respect to persons regulated under Chapter 8 (commencing with Section 6850), Chapter 11 (commencing with Section 7500), Chapter 11.5 (commencing with Section 7580), and Chapter 11.6 (commencing with Section 7590) of Division 3, or a person holding a license specified in paragraph (1), (6), or (7) of subdivision (b) of Section 9941, any board, bureau, or commission within the department, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto. (b) The system shall contain the following provisions: (1) Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated. (2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation. (3) In no event shall the administrative fine assessed by the board, bureau, or commission exceed two thousand five hundred dollars ($2,500) for each inspection or each investigation made with respect to the violation, or two thousand five hundred dollars ($2,500) for each violation or count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing a fine, the board, bureau, or commission shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations. (4) A citation or fine assessment issued pursuant to a citation shall inform the licensee that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board, bureau, or commission within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (5) Failure of a licensee to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board, bureau, or commission. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine. (c) The system may contain the following provisions: (1) A citation may be issued without the assessment of an administrative fine. (2) Assessment of administrative fines may be limited to only particular violations of the applicable licensing act. (d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the particular board, bureau, or commission. SEC. 2. Section 7527.1 is added to the Business and Professions Code, to read: 7527.1. (a) When creating or updating the licensing examination required pursuant to Section 7527, the bureau shall consider all of the following: (1) Including in the examination questions on the subject of laws relating to privacy and professional ethics. (2) Supplementing the examination with a separate examination on the subject of professional ethics. (b) If the bureau determines pursuant to subdivision (a) that a separate professional ethics examination is necessary, the bureau shall require that current licensees take the separate professional ethics examination if this requirement is appropriate. SEC. 3. Section 7541.2 is added to the Business and Professions Code, to read: 7541.2. The bureau shall consider requiring, and may require, an applicant for licensure to submit proof of satisfactory completion of a course in professional ethics. If the bureau requires an applicant to submit proof of satisfactory completion of a course in professional ethics the bureau may specify which courses and course providers satisfy the requirement. SEC. 4. Section 7567 is added to the Business and Professions Code, to read: 7567. The bureau may require a licensee who violates any provision of this chapter to do either of the following: (a) Satisfactorily complete relevant coursework as determined by the bureau. (b) Retake the licensing examination.