AB 921, as amended, Jones. Private investigators: Disciplinary Review Committee.
The Private Investigator Act provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and requires the Director of Consumer Affairs to administer and enforce the act. The act authorizes the director to deny, suspend, or revoke a license if the director determines, among other things, that any provision of the act was violated by the licensee. The act also authorizes the director to impose a civil penalty of no greater than $500 instead of suspending or revoking a license issued under the act for the violation of specified provisions if the director determines that the imposition of the civil penalty better serves the purposes of the act. The act requires an application for a license to be verified and include certain information, including, but not limited to, the full name and business address of the applicant.
This bill would require the Governor to appoint a Private Investigator Disciplinary Review Committee, and would authorize the Governor to remove any member of the committee for misconduct, incompetency, or neglect of duty. The bill would require the committee to consist of 3 members actively engaged in the business of a licensed private investigator and 2 public members, as specified, and would require members to be appointed for a term of 4 years. The bill would require the committee to meetbegin insert everyend insert 60 days or more or less frequently as may be required, and would require that the members be paid per diem, as specified, and be reimbursed for actual travel expenses.begin insert The bill would require the committee to perform certain functions, including
affirming, rescinding, or modifying all appealed decisions concerning administrative fines, or denial, suspension, or revocation of licenses, as specified. The bill would authorize the committee to grant a probationary license, certificate, registration, or permit with respect to appealed decisions, as specified.end insert The bill would authorize a person licensed under the act to appeal the assessment of an administrative fine to the committee, and would authorize a personbegin delete deniedend deletebegin insert denied, suspended of, or revoked ofend insert a license under the act to appealbegin delete that denialend delete to the committee, except as specified, if the appeal is in writing and made within 30 days of the assessment of the fine orbegin delete denialend deletebegin insert
denial, suspension, or revocationend insert of the license. begin deleteThe committee is required end deletebegin insertThe bill would require the committee end insertto notify the appellant in writing, by regular mail, of the committee’s decision within 30 days of that decision. The bill would also authorize the appellant to request a hearing, as specified, ifbegin insert, among other things,end insert the appellant disagrees with the committee’s decision regarding the appeal.begin insert The bill would require that all evidence used by the bureau be provided to the committee prior to hearing an appeal.end insert The bill would also authorize an applicant to, at his or
her discretion, include a valid email address on the application.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7519.1 is added to the Business and
2Professions Code, immediately following Section 7519, to read:
(a) The Governor shall appoint a Private Investigator
4Disciplinary Review Committee, and may remove any member of
5the committee for misconduct, incompetency, or neglect of duty.
P3 1(b) The committee shall consist of three members actively
2engaged in the business of a licensed private investigator and two
3public members. The public members shall not be licensees or
4registrants, or engage in any business or profession in which any
5part of the fees, compensation, or revenue thereof, is derived from
6any licensee.
7(c) The committee shall meet every 60 days or more or less
8frequently as may be required. The members
shall be paid per diem
9pursuant to Section 103 and shall be reimbursed for actual travel
10expenses. The members shall be appointed for a term of four years.
11(d) A person licensed with the department under this chapter
12may appeal the assessment of an administrative fine to the
13committee. A person denied a license under this chapter may appeal
14the denial of a license to the committee, unless the denial of a
15license is ordered by the director in accordance with Chapter 5
16(commencing with Section 11500) of Part 1 of Division 3 of Title
172 of the Government Code.
18(e) A request for an appeal to the committee shall be made in a
19written notice to the department within 30 days of the assessment
20of an administrative fine or denial of a license.
21(f) Following review by the committee of the appeal, the
22appellant shall be notified in writing, by regular mail, within 30
23days of the committee’s decision on the appeal.
24(g) If the appellant disagrees with the decision made by the
25committee, the appellant may request a hearing in accordance with
26Chapter 5 (commencing with Section 11500) of Part 1 of Division
273 of Title 2 of the Government Code. A request for such a hearing
28shall be made by written notice to the department within 30 days
29following notice of the committee’s decision.
begin insertSection 7519.2 is added to the end insertbegin insertBusiness and Professions
31Codeend insertbegin insert, to read:end insert
(a) The Private Investigator Disciplinary Review
33Committee shall perform the following functions:
34(1) Affirm, rescind, or modify all appealed decisions concerning
35administrative fines assessed by the bureau against private
36investigators.
37(2) Affirm, rescind, or modify all appealed decisions concerning
38denial, suspension, or revocation of licenses, and certificates,
39registrations, or permits issued by the bureau, except denials
40suspensions, or revocations ordered by the director in accordance
P4 1with Chapter 5 (commencing with Section 11500) of Division 3 of
2Title 2 of the Government Code.
3(b) The committee may grant
a probationary license, certificate,
4registration, or permit with respect to the appealed decisions
5described in subdivision (a).
begin insertSection 7519.3 is added to the end insertbegin insertBusiness and Professions
7Codeend insertbegin insert, to read:end insert
(a) (1) A person licensed with the department under
9this chapter may appeal the assessment of an administrative fine
10to the Private Investigator Disciplinary Review Committee. A
11person denied, suspended of, or revoked of a license under this
12chapter may appeal to the committee, unless the denial, suspension,
13or revocation of the license is ordered by the director in
14accordance with Chapter 5 (commencing with Section 11500) of
15Part 1 of Division 3 of Title 2 of the Government Code.
16(2) A request for an appeal to the committee shall be made in
17a written notice to the department within 30 days of the assessment
18of an administrative fine or denial, suspension, or revocation of
19a license.
20(3) Following review by the committee of the appeal, the
21appellant shall be notified in writing, by regular mail, within 30
22days of the committee’s decision on the appeal.
23(4) If the appellant disagrees with the decision made by the
24committee, the appellant may request a hearing as described in
25subdivision (b). A request for a hearing following a decision by
26the committee shall be made by written notice to the department
27within 30 days following notice of the committee’s decision.
28(5) If the appellant does not request a hearing within those 30
29days, the committee’s decision shall become final.
30(b) (1) A person licensed with the department under this chapter
31may request a hearing in accordance with Chapter 5 (commencing
32with Section
11500) of Part 1 of Division 3 of Title 2 of the
33Government Code if he or she contests an assessment of an
34administrative fine, or to appeal a denial, suspension, or revocation
35of a license. A hearing may also be requested , if the appellant
36disagrees with the decision made by the committee.
37(2) A request for a hearing shall be made by written notice to
38the department within 30 days following the issuance of the
39decision by the committee. A hearing pursuant to this subdivision
40shall be available only after a review by the committee.
begin insertSection 7519.4 is added to the end insertbegin insertBusiness and Professions
2Codeend insertbegin insert, to read:end insert
The Private Investigator Disciplinary Review
4Committee shall be provided all evidence used by the bureau in
5reaching its decision prior to hearing an appeal.
Section 7525.1 of the Business and Professions Code,
8as amended by Section 4 of Chapter 669 of the Statutes of 2014,
9is amended to
read:
An application shall be verified and shall include:
11(a) The full name and business address of the applicant.
12(b) The name under which the applicant intends to do business.
13(c) A statement as to the general nature of the business in which
14the applicant intends to engage.
15(d) A verified statement of his or her experience qualifications.
16(e) (1) If the applicant is an individual, a qualified manager, a
17partner of a partnership, an officer of a corporation
designated in
18subdivision (h), or a managing member of a limited liability
19company designated in subdivision (i), one personal identification
20form provided by the bureau upon which shall appear a photograph
21taken within one year immediately preceding the date of the filing
22of the application together with two legible sets of fingerprints,
23one set of which shall be forwarded to the Federal Bureau of
24Investigation for purposes of a background check, on a form
25approved by the Department of Justice, and a personal description
26of each person, respectively. The identification form shall include
27residence addresses and employment history for the previous five
28years and be signed under penalty of perjury.
29(2) The bureau may impose a fee not to exceed three dollars
30($3) for processing classifiable fingerprint cards submitted by
31applicants,
excluding those submitted into an electronic fingerprint
32system using electronic fingerprint technology.
33(f) In addition, if the applicant for a license is an individual, the
34application shall list all other names known as or used during the
35past 10 years and shall state that the applicant is to be personally
36and actively in charge of the business for which the license is
37sought. If any other qualified manager is to be actively in charge
38of the business, the application shall be subscribed, verified, and
39signed by the applicant, under penalty of perjury. If any other
40person is to be actively in charge of the business, the application
P6 1shall also be subscribed, verified, and signed by that person under
2penalty of perjury.
3(g) If the applicants for a license are copartners, the application
4shall
state the true names and addresses of all partners and the
5name of the partner to be actively in charge of the business for
6which the license is sought and list all other names known as or
7used during the past 10 years. If a qualified manager other than a
8partner is to be actively in charge of the business, then the
9application shall be subscribed, verified, and signed by all of the
10partners under penalty of perjury. If any other person is to be
11actively in charge of the business, the application shall also be
12subscribed, verified, and signed by that person, under penalty of
13perjury, under penalty of perjury by all of the partners and the
14qualified manager, or by all of the partners or the qualified
15manager.
16(h) If the applicant for a license is a corporation, the application
17shall state the true names and complete residence addresses of the
18chief
executive officer, secretary, chief financial officer, and any
19other corporate officer who will be active in the business to be
20licensed. The application shall also state the name and address of
21the designated person to be actively in charge of the business for
22which the license is sought. The application shall be subscribed,
23verified, and signed by a duly authorized officer of the applicant
24and by the qualified manager thereof, under penalty of perjury.
25(i) If the applicant for a license is a limited liability company,
26the application shall state the true name and complete residence
27address of each managing member and any other officer or member
28who will be active in the business to be licensed. A copy of the
29most recent articles of organization, as filed by the Secretary of
30State, shall be supplied to the bureau upon request. The application
31shall
also state the name and residence address of the designated
32person to be actively in charge of the business for which the license
33is sought. The application shall be subscribed, verified, and signed
34by a duly authorized member of the applicant under penalty of
35perjury.
36(j) Any other information, evidence, statements, or documents
37as may be required by the director.
38(k) At the discretion of the applicant, a valid email address.
P7 1(l) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.
Section 7525.1 of the Business and Professions Code,
6as added by Section 5 of Chapter 669 of the Statutes of 2014, is
7amended
to read:
An application shall be verified and shall include:
9(a) The full name and business address of the applicant.
10(b) The name under which the applicant intends to do business.
11(c) A statement as to the general nature of the business in which
12the applicant intends to engage.
13(d) A verified statement of his or her experience qualifications.
14(e) (1) If the applicant is an individual, a qualified manager, a
15partner of a partnership, or an officer of a corporation
designated
16in subdivision (h), one personal identification form provided by
17the bureau upon which shall appear a photograph taken within one
18year immediately preceding the date of the filing of the application
19together with two legible sets of fingerprints, one set of which
20shall be forwarded to the Federal Bureau of Investigation for
21purposes of a background check, on a form approved by the
22Department of Justice, and a personal description of each person,
23respectively. The identification form shall include residence
24addresses and employment history for the previous five years and
25be signed under penalty of perjury.
26(2) The bureau may impose a fee not to exceed three dollars
27($3) for processing classifiable fingerprint cards submitted by
28applicants, excluding those submitted into an electronic fingerprint
29system using electronic
fingerprint technology.
30(f) In addition, if the applicant for a license is an individual, the
31
application shall list all other names known as or used during the
32past 10 years and shall state that the applicant is to be personally
33and actively in charge of the business for which the license is
34sought. If any other qualified manager is to be actively in charge
35of the business, the application shall be subscribed, verified, and
36signed by the applicant, under penalty of perjury. If any other
37person is to be actively in charge of the business, the application
38shall also be subscribed, verified, and signed by that person under
39penalty of perjury.
P8 1(g) If the applicants for a license are copartners, the application
2shall state the true names and addresses of all partners and the
3name of the partner to be actively in charge of the business for
4which the license is sought and list all other names known as or
5used during the past 10
years. If a qualified manager other than a
6partner is to be actively in charge of the business, then the
7application shall be subscribed, verified, and signed by all of the
8partners under penalty of perjury. If any other person is to be
9actively in charge of the business, the application shall also be
10subscribed, verified, and signed under penalty of perjury by that
11person, by all of the partners and the qualified manager, or by all
12of the partners or the qualified manager.
13(h) If the applicant for a license is a corporation, the application
14shall state the true names and complete residence addresses of the
15chief executive officer, secretary, chief financial officer, and any
16other corporate officer who will be active in the business to be
17licensed. The application shall also state the name and address of
18the designated person to be actively
in charge of the business for
19which the license is sought. The application shall be subscribed,
20verified, and signed by a duly authorized officer of the applicant
21and by the qualified manager thereof, under penalty of perjury.
22(i) Any other information, evidence, statements, or documents
23as may be required by the director.
24(j) At the discretion of the applicant, a valid email address.
25(k) This section shall become operative on January 1, 2018.
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