AB 921, as amended, Jones. Private investigators: Disciplinary Review Committee: licensure.
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 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 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 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. The bill would require that all evidence used by the bureau be provided to the committee prior to hearing an appeal. The bill would make the above provisions operative on July 1, 2017.
This bill would also authorize an applicant to, at his or her discretion, include a valid email address on the application.
Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years’ experience in investigation work. Existing law requires an applicant to substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, subject to independent verification by the Director of Consumer Affairs as he or she may determine. Under existing law, the business of each licensee is required to be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensee’s manager, if the licensee is not qualified. Existing law prohibits a person from acting as a qualified manager of a licensee until he or she has complied with certain requirements.
This bill would additionally authorize that written certification to be from a qualified manager, as specified.
Existing law requires experience for purposes of taking the examination for licensure as a private investigator to be limited to those activities actually performed in connection with investigations, as defined, and only if those activities are performed by persons who are employed in certain specified capacities.
This bill would additionally authorize such activities to be performed by persons who are managed, as specified, in those capacities.
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.
6(b) The committee shall consist of three members actively
7engaged in the business of a licensed private investigator and two
8public members. The public members shall not be licensees or
9registrants, or engage in any business or profession in which any
10part of the fees, compensation, or revenue thereof, is derived from
11any licensee.
12(c) The committee shall meet every 60 days or more or less
13frequently as may be required. The members
shall be paid per diem
14pursuant to Section 103 and shall be reimbursed for actual travel
15expenses. The members shall be appointed for a term of four years.
16(d) This section shall become operative on July 1, 2017.
Section 7519.2 is added to the Business and Professions
18Code, to read:
(a) The Private Investigator Disciplinary Review
2Committee shall perform the following functions:
3(1) Affirm, rescind, or modify all appealed decisions concerning
4administrative fines assessed by the bureau against private
5investigators.
6(2) Affirm, rescind, or modify all appealed decisions concerning
7denial, suspension, or revocation of licenses, and certificates,
8registrations, or permits issued by the bureau, except denials,
9suspensions, or revocations ordered by the director in accordance
10with Chapter 5 (commencing with Section 11500) of Part 1 of
11Division 3 of Title 2 of the Government Code.
12(b) The committee may grant a probationary license, certificate,
13registration, or permit with respect to the appealed decisions
14described in subdivision (a).
15(c) This section shall become operative on July 1, 2017.
Section 7519.3 is added to the Business and Professions
17Code, to read:
(a) (1) A person licensed with the department under
19this chapter may appeal the assessment of an administrative fine
20to the Private Investigator Disciplinary Review Committee. A
21person denied, suspended of, or revoked of a license under this
22chapter may appeal to the committee, unless the denial, suspension,
23or revocation of the license is ordered by the director in accordance
24with Chapter 5 (commencing with Section 11500) of Part 1 of
25Division 3 of Title 2 of the Government Code.
26(2) A request for an appeal to the committee shall be made in
27a written notice to the department within 30 days of the assessment
28of an administrative fine or denial,
suspension, or revocation of a
29license.
30(3) Following review by the committee of the appeal, the
31appellant shall be notified in writing, by regular mail, within 30
32days of the committee’s decision on the appeal.
33(4) If the appellant disagrees with the decision made by the
34committee, the appellant may request a hearing as described in
35subdivision (b). A request for a hearing following a decision by
36the committee shall be made by written notice to the department
37within 30 days following notice of the committee’s decision.
38(5) If the appellant does not request a hearing within those 30
39days, the committee’s decision shall become final.
P5 1(b) (1) A person licensed with the department under this chapter
2may request a hearing in accordance with Chapter 5 (commencing
3with Section 11500) of Part 1 of Division 3 of Title 2 of the
4Government Code if he or she contests an assessment of an
5administrative fine, or to appeal a denial, suspension, or revocation
6of a license. A hearing may also be requested, if the appellant
7disagrees with the decision made by the committee.
8(2) A request for a hearing shall be made by written notice to
9the department within 30 days following the issuance of the
10decision by the committee. A hearing pursuant to this subdivision
11shall be available only after a review by the committee.
12(c) This section shall become operative on July 1, 2017.
Section 7519.4 is added to the Business and Professions
14Code, to read:
(a) The Private Investigator Disciplinary Review
16Committee shall be provided all evidence used by the bureau in
17reaching its decision prior to hearing an appeal.
18(b) This section shall become operative on July 1, 2017.
Section 7525.1 of the Business and Professions Code,
20as amended by Section 4 of Chapter 669 of the Statutes of 2014,
21is amended to read:
An application shall be verified and shall include:
23(a) The full name and business address of the applicant.
24(b) The name under which the applicant intends to do business.
25(c) A statement as to the general nature of the business in which
26the applicant intends to engage.
27(d) A verified statement of his or her experience qualifications.
28(e) (1) If the applicant is an individual, a qualified manager, a
29partner of a partnership, an officer of a corporation
designated in
30subdivision (h), or a managing member of a limited liability
31company designated in subdivision (i), one personal identification
32form provided by the bureau upon which shall appear a photograph
33taken within one year immediately preceding the date of the filing
34of the application together with two legible sets of fingerprints,
35one set of which shall be forwarded to the Federal Bureau of
36Investigation for purposes of a background check, on a form
37approved by the Department of Justice, and a personal description
38of each person, respectively. The identification form shall include
39residence addresses and employment history for the previous five
40years and be signed under penalty of perjury.
P6 1(2) The bureau may impose a fee not to exceed three dollars
2($3) for processing classifiable fingerprint cards submitted by
3applicants,
excluding those submitted into an electronic fingerprint
4system using electronic fingerprint technology.
5(f) In addition, if the applicant for a license is an individual, the
6application shall list all other names known as or used during the
7past 10 years and shall state that the applicant is to be personally
8and actively in charge of the business for which the license is
9sought. If any other qualified manager is to be actively in charge
10of the business, the application shall be subscribed, verified, and
11signed by the applicant, under penalty of perjury. If any other
12person is to be actively in charge of the business, the application
13shall also be subscribed, verified, and signed by that person under
14penalty of perjury.
15(g) If the applicants for a license are copartners, the application
16
shall state the true names and addresses of all partners and the
17name of the partner to be actively in charge of the business for
18which the license is sought and list all other names known as or
19used during the past 10 years. If a qualified manager other than a
20partner is to be actively in charge of the business, then the
21application shall be subscribed, verified, and signed by all of the
22partners under penalty of perjury. If any other person is to be
23actively in charge of the business, the application shall also be
24subscribed, verified, and signed by that person, under penalty of
25perjury, under penalty of perjury by all of the partners and the
26qualified manager, or by all of the partners or the qualified
27manager.
28(h) If the applicant for a license is a corporation, the application
29shall state the true names and complete
residence addresses of the
30chief executive officer, secretary, chief financial officer, and any
31other corporate officer who will be active in the business to be
32licensed. The application shall also state the name and address of
33the designated person to be actively in charge of the business for
34which the license is sought. The application shall be subscribed,
35verified, and signed by a duly authorized officer of the applicant
36and by the qualified manager thereof, under penalty of perjury.
37(i) If the applicant for a license is a limited liability company,
38the application shall state the true name and complete residence
39address of each managing member and any other officer or member
40who will be active in the business to be licensed. A copy of the
P7 1most recent articles of organization, as filed by the Secretary of
2State, shall be supplied to the
bureau upon request. The application
3shall also state the name and residence address of the designated
4person to be actively in charge of the business for which the license
5is sought. The application shall be subscribed, verified, and signed
6by a duly authorized member of the applicant under penalty of
7perjury.
8(j) Any other information, evidence, statements, or documents
9as may be required by the director.
10(k) At the discretion of the applicant, a valid email address.
11(l) This section shall remain in effect only until January 1, 2018,
12and as of that date is repealed, unless a later enacted statute, that
13is enacted before January 1, 2018, deletes or extends that date.
Section 7525.1 of the Business and Professions Code,
15as added by Section 5 of Chapter 669 of the Statutes of 2014, is
16amended to read:
An application shall be verified and shall include:
18(a) The full name and business address of the applicant.
19(b) The name under which the applicant intends to do business.
20(c) A statement as to the general nature of the business in which
21the applicant intends to engage.
22(d) A verified statement of his or her experience qualifications.
23(e) (1) If the applicant is an individual, a qualified manager, a
24partner of a partnership, or an officer of a corporation
designated
25in subdivision (h), one personal identification form provided by
26the bureau upon which shall appear a photograph taken within one
27year immediately preceding the date of the filing of the application
28together with two legible sets of fingerprints, one set of which
29shall be forwarded to the Federal Bureau of Investigation for
30purposes of a background check, on a form approved by the
31Department of Justice, and a personal description of each person,
32respectively. The identification form shall include residence
33addresses and employment history for the previous five years and
34be signed under penalty of perjury.
35(2) The bureau may impose a fee not to exceed three dollars
36($3) for processing classifiable fingerprint cards submitted by
37applicants, excluding those submitted into an electronic fingerprint
38system using electronic
fingerprint technology.
39(f) In addition, if the applicant for a license is an individual, the
40
application shall list all other names known as or used during the
P8 1past 10 years and shall state that the applicant is to be personally
2and actively in charge of the business for which the license is
3sought. If any other qualified manager is to be actively in charge
4of the business, the application shall be subscribed, verified, and
5signed by the applicant, under penalty of perjury. If any other
6person is to be actively in charge of the business, the application
7shall also be subscribed, verified, and signed by that person under
8penalty of perjury.
9(g) If the applicants for a license are copartners, the application
10shall state the true names and addresses of all partners and the
11name of the partner to be actively in charge of the business for
12which the license is sought and list all other names known as or
13used during the past 10
years. If a qualified manager other than a
14partner is to be actively in charge of the business, then the
15application shall be subscribed, verified, and signed by all of the
16partners under penalty of perjury. If any other person is to be
17actively in charge of the business, the application shall also be
18subscribed, verified, and signed under penalty of perjury by that
19person, by all of the partners and the qualified manager, or by all
20of the partners or the qualified manager.
21(h) If the applicant for a license is a corporation, the application
22shall state the true names and complete residence addresses of the
23chief executive officer, secretary, chief financial officer, and any
24other corporate officer who will be active in the business to be
25licensed. The application shall also state the name and address of
26the designated person to be actively
in charge of the business for
27which the license is sought. The application shall be subscribed,
28verified, and signed by a duly authorized officer of the applicant
29and by the qualified manager thereof, under penalty of perjury.
30(i) Any other information, evidence, statements, or documents
31as may be required by the director.
32(j) At the discretion of the applicant, a valid email address.
33(k) This section shall become operative on January 1, 2018.
Section 7541 of the Business and Professions Code is
35amended to read:
Except as otherwise provided by this section, an
37applicant, or his or her manager, for a license as a private
38investigator shall have had at least three years’ experience in
39investigation work.
P9 1A year’s experience shall consist of not less than 2,000 hours of
2actual compensated work performed by each applicant preceding
3the filing of an application.
4An applicant who holds a law degree or who has completed a
5four-year course in police science, criminal justice, criminal law,
6or the equivalent thereof shall be required to have had two years’
7experience in investigation work.
8An applicant shall
substantiate the claimed years of qualifying
9experience and the exact details as to the character and nature
10thereof by written certifications from the employer or qualified
11manager, subject to independent verification by the director as he
12or she may determine.
13Notwithstanding any other law, only an employer, qualified
14manager, or his or her designated agent may certify experience for
15purposes of this section. For purposes of this section, the term
16“employer” shall mean only those persons, corporations,
17partnerships, proprietorships, or other associations
which, in the
18employ of the designated individual, regularly and routinely
19withheld income taxes and other payroll deductions for direct
20forwarding to governmental taxing authorities. For the purposes
21of this section, the term “qualified manager” shall mean only a
22manager who has qualified pursuant to Sectionbegin delete 7536.end deletebegin insert 7536 and
23who has directly overseen the work and experience of the applicant.end insert
24An employer who is a licensee or qualified manager shall
25respond in writing within 30 days to an applicant’s written request
26for certifications of the applicant’s work experience as an employee
27and either provide the certifications or the reasons for denial. If
28the applicant notifies the director in
writing, under penalty of
29perjury, that the applicant is unable to obtain the required written
30response from a licensee or provides the licensee’s written denial
31and states, under penalty of perjury, that the licensee’s reasons for
32denial are invalid or insufficient and the director concurs, the
33director may require the licensee to provide the bureau with all
34relevant employment records maintained pursuant to Section
357531.5 regarding the applicant for evaluation in substantiating the
36applicant’s employment experience.
Section 7541.1 of the Business and Professions Code
38 is amended to read:
(a) Notwithstanding any other law, experience for
40purposes of taking the examination for licensure as a private
P10 1investigator shall be limited to those activities actually performed
2in connection with investigations, as defined in Section 7521, and
3only if those activities are performed by persons who are employed
4or managed in the following capacities:
5(1) Sworn law enforcement officers possessing powers of arrest
6and employed by agencies in the federal, state, or local government.
7(2) Military police of the armed forces of the United States or
8the National Guard.
9(3) An insurance adjuster or their employees subject to Chapter
101 (commencing with Section 14000) of Division 5 of the Insurance
11Code.
12(4) Persons employed by a private investigator who are duly
13licensed in accordance with this chapter, or managed by a qualified
14manager in accordance with Section 7536.
15(5) Persons employed by repossessors duly licensed in
16accordance with Chapter 11 (commencing with Section 7500),
17only to the extent that those persons are routinely and regularly
18engaged in the location of debtors or the location of personal
19property utilizing methods commonly known as “skip tracing.”
20For purposes of this section, only that experience acquired in that
21skip tracing shall be credited toward qualification
to take the
22examination.
23(6) Persons duly trained and certified as an arson investigator
24and employed by a public agency engaged in fire suppression.
25(7) Persons trained as investigators and employed by a public
26defender to conduct investigations.
27(b) For purposes of Section 7541, persons possessing an
28associate of arts degree in police science, criminal law or justice
29from an accredited college shall be credited with 1,000 hours of
30experience in investigative activities.
31(c) The following activities shall not be deemed to constitute
32acts of investigation for purposes of experience toward licensure:
33(1) The serving of legal process or other documents.
34(2) Activities relating to the search for heirs or similar searches
35which involve only a search of public records or other reference
36sources in the public domain.
37(3) The transportation or custodial attendance of persons in the
38physical custody of a law enforcement agency.
39(4) The provision of bailiff or other security services to a court
40of law.
P11 1(5) The collection or attempted collection of debts by telephone
2or written solicitation after the debtor has been located.
3(6) The repossession or attempted repossession of personal
4property
after that property has been located and identified.
5(d) Where the activities of employment of an applicant include
6those which qualify as bona fide experience as stated in this section
7as well as those which do not qualify, the director may, by
8delegation to the bureau, determine and apportion that percentage
9of experience for which any applicant is entitled to credit.
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