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 meet every 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. 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. 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 person denied, suspended of, or revoked of a license under the act to appeal to the committee, except as specified, if the appeal is in writing and made within 30 days of the assessment of the fine or denial, suspension, or revocation of the license. The bill would require the committee to 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, if, among other things, the appellant disagrees with the committee’s decision regarding the appeal.begin insert The bill would make the above provisions operative oend insertbegin insertn July 1, 2017.end insert The bill would require that all evidence used by the bureau be provided to the committee prior to hearing an appeal. 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
2Disciplinary Review Committee, and may remove any member of
3the committee for misconduct, incompetency, or neglect of duty.
4(b) The committee shall consist of three members actively
5engaged in the business of a licensed private investigator and two
6public members. The public members shall not be licensees or
7registrants, or engage in any business or profession in which any
8part of the fees, compensation, or revenue thereof, is derived from
9any licensee.
10(c) The committee shall meet every 60 days or more or less
11frequently as may be required. The members shall be paid per diem
12pursuant to Section 103 and shall be reimbursed for
actual travel
13expenses. The members shall be appointed for a term of four years.
14(d) This section shall become operative on July 1, 2017.
end insertSection 7519.2 is added to the Business and Professions
16Code, to read:
(a) The Private Investigator Disciplinary Review
18Committee shall perform the following functions:
19(1) Affirm, rescind, or modify all appealed decisions concerning
20administrative fines assessed by the bureau against private
21investigators.
22(2) Affirm, rescind, or modify all appealed decisions concerning
23denial, suspension, or revocation of licenses, and certificates,
24registrations, or permits issued by the bureau, except denials
25suspensions, or revocations ordered by the director in accordance
26with Chapter 5 (commencing with Section 11500) of Division 3
27of Title 2 of the Government Code.
28(b) The committee may grant a
probationary license, certificate,
29registration, or permit with respect to the appealed decisions
30described in subdivision (a).
31(c) This section shall become operative on July 1, 2017.
end insertSection 7519.3 is added to the Business and Professions
33Code, to read:
(a) (1) A person licensed with the department under
35this chapter may appeal the assessment of an administrative fine
36to the Private Investigator Disciplinary Review Committee. A
37person denied, suspended of, or revoked of a license under this
38chapter may appeal to the committee, unless the denial, suspension,
39or revocation of the license is ordered by the director in accordance
P4 1with Chapter 5 (commencing with Section 11500) of Part 1 of
2Division 3 of Title 2 of the Government Code.
3(2) A request for an appeal to the committee shall be made in
4a written notice to the department within 30 days of the assessment
5of an administrative fine or denial, suspension, or revocation of a
6license.
7(3) Following review by the committee of the appeal, the
8appellant shall be notified in writing, by regular mail, within 30
9days of the committee’s decision on the appeal.
10(4) If the appellant disagrees with the decision made by the
11committee, the appellant may request a hearing as described in
12subdivision (b). A request for a hearing following a decision by
13the committee shall be made by written notice to the department
14within 30 days following notice of the committee’s decision.
15(5) If the appellant does not request a hearing within those 30
16days, the committee’s decision shall become final.
17(b) (1) A person licensed with the department under this chapter
18may request a hearing in accordance with Chapter 5 (commencing
19with Section
11500) of Part 1 of Division 3 of Title 2 of the
20Government Code if he or she contests an assessment of an
21administrative fine, or to appeal a denial, suspension, or revocation
22of a license. A hearing may also be requested, if the appellant
23disagrees with the decision made by the committee.
24(2) A request for a hearing shall be made by written notice to
25the department within 30 days following the issuance of the
26decision by the committee. A hearing pursuant to this subdivision
27shall be available only after a review by the committee.
28(c) This section shall become operative on July 1, 2017.
end insertSection 7519.4 is added to the Business and Professions
30Code, to read:
begin insert(a)end insertbegin insert end insert The Private Investigator Disciplinary Review
32Committee shall be provided all evidence used by the bureau in
33reaching its decision prior to hearing an appeal.
34(b) This section shall become operative on July 1, 2017.
end insertSection 7525.1 of the Business and Professions Code,
36as amended by Section 4 of Chapter 669 of the Statutes of 2014,
37is amended to read:
An application shall be verified and shall include:
39(a) The full name and business address of the applicant.
40(b) The name under which the applicant intends to do business.
P5 1(c) A statement as to the general nature of the business in which
2the applicant intends to engage.
3(d) A verified statement of his or her experience qualifications.
4(e) (1) If the applicant is an individual, a qualified manager, a
5partner of a partnership, an officer of a corporation designated in
6subdivision (h), or a managing member of a
limited liability
7company designated in subdivision (i), one personal identification
8form provided by the bureau upon which shall appear a photograph
9taken within one year immediately preceding the date of the filing
10of the application together with two legible sets of fingerprints,
11one set of which shall be forwarded to the Federal Bureau of
12Investigation for purposes of a background check, on a form
13approved by the Department of Justice, and a personal description
14of each person, respectively. The identification form shall include
15residence addresses and employment history for the previous five
16years and be signed under penalty of perjury.
17(2) The bureau may impose a fee not to exceed three dollars
18($3) for processing classifiable fingerprint cards submitted by
19applicants, excluding those submitted into an electronic fingerprint
20system using electronic fingerprint technology.
21(f) In addition, if the applicant for a license is an individual, the
22application shall list all other names known as or used during the
23past 10 years and shall state that the applicant is to be personally
24and actively in charge of the business for which the license is
25sought. If any other qualified manager is to be actively in charge
26of the business, the application shall be subscribed, verified, and
27signed by the applicant, under penalty of perjury. If any other
28person is to be actively in charge of the business, the application
29shall also be subscribed, verified, and signed by that person under
30penalty of perjury.
31(g) If the applicants for a license are copartners, the application
32shall state the true names and addresses of all partners and the
33name of the partner to be actively in charge of the business for
34which the license is sought and list all other names known as or
35used during the past 10 years. If a qualified manager
other than a
36partner is to be actively in charge of the business, then the
37application shall be subscribed, verified, and signed by all of the
38partners under penalty of perjury. If any other person is to be
39actively in charge of the business, the application shall also be
40subscribed, verified, and signed by that person, under penalty of
P6 1perjury, under penalty of perjury by all of the partners and the
2qualified manager, or by all of the partners or the qualified
3manager.
4(h) If the applicant for a license is a corporation, the application
5shall state the true names and complete residence addresses of the
6chief executive officer, secretary, chief financial officer, and any
7other corporate officer who will be active in the business to be
8licensed. The application shall also state the name and address of
9the designated person to be actively in charge of the business for
10which the license is sought. The application shall be subscribed,
11verified, and
signed by a duly authorized officer of the applicant
12and by the qualified manager thereof, under penalty of perjury.
13(i) If the applicant for a license is a limited liability company,
14the application shall state the true name and complete residence
15address of each managing member and any other officer or member
16who will be active in the business to be licensed. A copy of the
17most recent articles of organization, as filed by the Secretary of
18State, shall be supplied to the bureau upon request. The application
19shall also state the name and residence address of the designated
20person to be actively in charge of the business for which the license
21is sought. The application shall be subscribed, verified, and signed
22by a duly authorized member of the applicant under penalty of
23perjury.
24(j) Any other information, evidence, statements, or documents
25as may be required by the director.
26(k) At the discretion of the applicant, a valid email address.
27(l) This section shall remain in effect only until January 1, 2018,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2018, deletes or extends that date.
Section 7525.1 of the Business and Professions Code,
31as added by Section 5 of Chapter 669 of the Statutes of 2014, is
32amended to read:
An application shall be verified and shall include:
34(a) The full name and business address of the applicant.
35(b) The name under which the applicant intends to do business.
36(c) A statement as to the general nature of the business in which
37the applicant intends to engage.
38(d) A verified statement of his or her experience qualifications.
39(e) (1) If the applicant is an individual, a qualified manager, a
40partner of a partnership, or an officer of a corporation designated
P7 1in subdivision (h), one personal
identification form provided by
2the bureau upon which shall appear a photograph taken within one
3year immediately preceding the date of the filing of the application
4together with two legible sets of fingerprints, one set of which
5shall be forwarded to the Federal Bureau of Investigation for
6purposes of a background check, on a form approved by the
7Department of Justice, and a personal description of each person,
8respectively. The identification form shall include residence
9addresses and employment history for the previous five years and
10be signed under penalty of perjury.
11(2) The bureau may impose a fee not to exceed three dollars
12($3) for processing classifiable fingerprint cards submitted by
13applicants, excluding those submitted into an electronic fingerprint
14system using electronic fingerprint technology.
15(f) In addition, if the applicant for a license is an individual, the
16
application shall list all other names known as or used during the
17past 10 years and shall state that the applicant is to be personally
18and actively in charge of the business for which the license is
19sought. If any other qualified manager is to be actively in charge
20of the business, the application shall be subscribed, verified, and
21signed by the applicant, under penalty of perjury. If any other
22person is to be actively in charge of the business, the application
23shall also be subscribed, verified, and signed by that person under
24penalty of perjury.
25(g) If the applicants for a license are copartners, the application
26shall state the true names and addresses of all partners and the
27name of the partner to be actively in charge of the business for
28which the license is sought and list all other names known as or
29used during the past 10 years. If a qualified manager other than a
30partner is to be actively in charge of the business, then the
31application
shall be subscribed, verified, and signed by all of the
32partners under penalty of perjury. If any other person is to be
33actively in charge of the business, the application shall also be
34subscribed, verified, and signed under penalty of perjury by that
35person, by all of the partners and the qualified manager, or by all
36of the partners or the qualified manager.
37(h) If the applicant for a license is a corporation, the application
38shall state the true names and complete residence addresses of the
39chief executive officer, secretary, chief financial officer, and any
40other corporate officer who will be active in the business to be
P8 1licensed. The application shall also state the name and address of
2the designated person to be actively in charge of the business for
3which the license is sought. The application shall be subscribed,
4verified, and signed by a duly authorized officer of the applicant
5and by the qualified manager thereof, under penalty of
perjury.
6(i) Any other information, evidence, statements, or documents
7as may be required by the director.
8(j) At the discretion of the applicant, a valid email address.
9(k) This section shall become operative on January 1, 2018.
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