BILL ANALYSIS Ó SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Jerry Hill, Chair 2015 - 2016 Regular Bill No: AB 921 Hearing Date: June 22, 2015 ----------------------------------------------------------------- |Author: |Jones | |----------+------------------------------------------------------| |Version: |April 27, 2015 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Janelle Miyashiro | |: | | ----------------------------------------------------------------- Subject: Private investigators: Disciplinary Review Committee. SUMMARY: Establishes a Private Investigator Disciplinary Review Committee (DRC) within the Bureau of Security and Investigative Services (Bureau) to review a request of a licensee to contest an administrative fine or to appeal the denial of a license. Authorizes an applicant applying for an original license or renewal of a license as a private investigator to put his or her email address on the application at his or her discretion. Existing law: 1) Provides for the licensure and regulation of private investigators (PIs) by the Bureau of Security and Investigative Services (Bureau) in the Department of Consumer Affairs (DCA) under the Private Investigator Act (Act), which requires the Director of the DCA (Director) to administer and enforce the Act. (Business and Professions Code (BPC) §§ 7512 et. seq.) 2) Defines a "private investigator" as a person, firm, company, association, partnership, or corporation, other than an insurance adjuster, who engages in business to protect persons or makes investigations for the purpose of obtaining information with reference to: AB 921 (Jones) Page 2 of ? a) Crime or wrong-doings against the United States of America. b) The identity habits, conduct, business, honesty, associations, acts, character, etc. of any person. c) The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property. d) The location, disposition, or recovery of lost or stolen property. e) The securing of evidence to be used in court or investigating committee. (BPC § 7521) 3) Requires the Director to furnish, at least once every two years, one copy of the current licensing law, rules, and regulations to every licensed business under this Act without charge. (BPC § 7519) 4) Authorizes the Director to deny, suspend, or revoke a license if he or she determines that the licensee violated specified provisions in the Act. (BPC § 7561.1) 5) 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. (BPC § 7563) 6) Establishes procedures for hearings of denials, suspensions, or revocations of a license in accordance with those in the Government Code. (BPC § 7518) AB 921 (Jones) Page 3 of ? 7) Establishes two Private Security DRCs, one in northern California and one in southern California, which licensees have the option of using to review administrative fines and licensure decisions, except as specified. (BPC §§ 7581.1-7581.5) 8) Establishes an Alarm Company Operator DRC, which licensees have the option of using to review administrative fines and licensure decisions, except as specified. (BPC §§ 7591.17-7591.20) This bill: 1) Establishes a Private Investigator Disciplinary Review Committee (DRC) within the Bureau to review a request from a licensee to contest an administrative fine or appeal the denial of a license. a) The members of the DRC will consist of five members appointed by the Governor: three members actively engaged in the business of licensed private investigation and two public members. Each member of the DRC will be appointed for a term of four years. b) Requires a licensee or applicant for a license, to request review by written notice to the DRC within 30 days of the issuance of a citation and requires the DRC to notify the appellant within 30 days of the review of the DRC's decision. c) Requires the DRC to meet every 60 days or as frequently required and authorizes members of the DRC to be paid per diem and reimbursed for actual travel expenses. 2) Authorizes an applicant applying for licensure or renewal as a private investigator to put his or her email address on the application at his or her discretion. FISCAL EFFECT: This bill is keyed "fiscal" by Legislative Council. According to the Assembly Appropriations analysis written on May AB 921 (Jones) Page 4 of ? 6, 2015, this bill will result in ongoing costs of approximately $47,000 annually (special funds) to the Bureau for a half-time staff services analyst (SSA) position and four hearings per year associated with the new DRC. COMMENTS: 1. Purpose. This bill is sponsored by the California Association of Licensed Investigators (CALI). According to the Author, "Under current law, licensed private investigators who wish to contest the assessment of an administrative fine or to appeal a denial of a license must embark upon a process that can take more than a year to obtain a final resolution. This legislation would amend the Private Investigator Act to require the establishment of a DRC?The option to opt in voluntarily to a DRC could save the licensee time as the matter could be resolved more quickly." 2. Background. A private investigator is an individual, who amongst other duties, investigates crimes, investigates the identity, business, occupation, character, etc., of a person, investigates the location of lost or stolen property, investigates the cause of fires, losses, accidents, damage or injury, or secures evidence for use in court. Private investigators may protect persons only if such services are incidental to an investigation; they may not protect property. According to Bureau's 2014 sunset report, there are around 9,885 PI licensees currently registered in California. 3. Disciplinary Review Committees (DRCs). Current law provides for three DRCs within the Bureau. The Private Security Services Act establishes two DRCs, one in Northern California and one in Southern California and the Alarm Company Act establishes one DRC. The DRCs provide their respective applicants and licensees an alternate path to consider appeals of the Bureau's decisions to deny, suspend, or revoke licenses, or assessments of administrative fines. The purpose of the DRC is to consider appeals from applicants and licensees on the Bureau's decisions to issue a fine, or deny, suspend, or revoke a license. The scheduling of the DRC is dependent on the number of appeals received; AB 921 (Jones) Page 5 of ? therefore, the Bureau states that it is not feasible to establish an annual calendar for DRC meetings. The Bureau posts notices and agendas for its meetings of the Private Security DRCs and Alarm Company DRC in accordance with the noticing requirement prescribed by the Bagley-Keene Open Meeting Act. Currently, meeting notices and agendas remain on the website indefinitely. However, older information is archived by year to ensure current information is accessible. The Bureau does not post draft or final minutes for its DRC, or webcast DRC meetings. The Private Security Services Act establishes two DRCs, one in northern California and one in southern California and the Alarm Company Operator Act establishes one DRC. The DRCs provide their respective applicants and licensees an alternate path to consider appeals of the BSIS's decisions to deny, suspend or revoke licenses, or assess administrative fines. All DRCs are comprised of five members appointed by the Governor, three of whom are professional members actively engaged in their respective businesses and two of whom are public members. DRC meetings are scheduled depending on the number of appeals received and are conducted in accordance with the Open Meeting Act. The Private Security Services Act and the Alarm Company Operator Act have different processes for their respective DRCs. For Private Security DRCs, applicants and licensees have the option of filing an appeal with the DRC or through the administrative hearing process. If the applicant or licensee requests the appeal to be heard first by the DRC, the applicant or licensee may still appeal a DRC decision through the administrative process. For the Alarm Company Operator DRC, applicants and licensees are required to file their appeal with a DRC first, and are then provided the ability to appeal a DRC decision through the administrative process. The Collateral Recovery DRC in this bill is modeled after the Alarm Company DRC. When applicants and licensees file their appeals to a DRC, Bureau staff schedules the appeal review for an upcoming meeting and mail the respondent information about the meeting and what to expect. Approximately two weeks before a scheduled DRC meeting, Bureau staff provides each DRC member AB 921 (Jones) Page 6 of ? with a case file for each appeal to be heard during the meeting. During the hearing, the applicant or licensee is afforded the opportunity to present his or her case. He or she may be represented by an attorney and may bring witnesses as character references or observers of the incident resulting in the Bureau's action. DRC members ask questions to clarify issues related to the case to obtain the information needed to make a decision on the appeal. The average hearing time per person is 15-30 minutes. The Bureau staff mail the applicant or licensee the DRC's decision on their appeal within 30 days. In March of this year, the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions and Economic Development held a joint sunset oversight hearing to review several of the boards and bureaus under the DCA, including the Bureau. In the Bureau's sunset report, it noted, "To maximize the efficiency of its disciplinary activities, the [Bureau] ensures that those licensees eligible to have their appeals heard by a Bureau [DRC] are properly notified of this option in a timely manner. Each year, approximately 900 [Bureau] licensees request an appeal of their denials, suspensions, or imposition of fines through DRC[s]." The Bureau notes that the number of pending appeal cases changes depending on the fluctuating quantity of incoming appeal requests from applicants and licensees. It also states that it has been able to address a high number of pending appeals by scheduling two-day hearings and meeting monthly to accommodate the number of appeals. Once an appeal is received by the Bureau, an appellant is generally scheduled for hearing within 30 to 60 days. According to the Bureau, this approach has resulted in no ongoing backlogs. Over the last three fiscal years: The Private Security DRC had an annual average of 20 meetings and an average caseload of 35 appeals per meeting. The Alarm Company Operator DRC held an annual average of 3 meetings and had an average caseload of 9 appeals per meeting. The annual cost for the Southern California Private AB 921 (Jones) Page 7 of ? Security DRC, which had 11 meetings, was $27,820.32, and for the Northern California Private Security DRC, which had 10 meetings, was $12,700.00. The annual cost for the Alarm Company Operator DRC, which had four meetings, was $7,978.69. This does not include staff time. The Private Security DRC overturned an average of 203 decisions and upheld an average of 345 decisions. The Alarm Company DRC overturned an average of five decisions and upheld an average seven decisions. The Private Security DRC received an annual average of 12 citation appeals. The Alarm Company DRC received one citation appeal (FY 2013-14). There was an annual average of 11 requests for formal administrative appeals for citations and fines for all BSIS professions. By way of comparison, for licensees under the Collateral Recovery Act, over the last three fiscal years: There were 38 citations and 1 appeal, for an annual average of 13 citations and less than one appeal each year. There were 58 license denials and 17 appeals, for an annual average of 19-20 denials and 5-6 appeals each year. According to BSIS, the average time for appeals of a license denial under the Act is 570 days. Based on the past three fiscal years, the overall average time for cases to be considered through the administrative hearing process is 290-300 days. 1. Email Addresses. Under current law, an applicant for a new or renewed PI license is not authorized to provide an email address on his or her application. The current application for a new or renewed PI license does not allow for the addition of an email address, as there is no space for an applicant to fill one in. As email has become an almost primary means of communication, the industry feels that this should be reflected in an update to the license application. The Author asserts that it is in the best interest of the AB 921 (Jones) Page 8 of ? consumer that an applicant for an original or renewed private investigator license be allowed to provide the state with a business email address that will be available as a public record along with other specific information regarding individual licensees. This bill will allow an applicant for a new or renewed PI license to use a business email address on his or her application at his or her discretion. 2. Prior/Related Legislation. AB 281 (Gallagher, 2015) of the current legislative session would establish a disciplinary review committee for licensed repossessors. ( Status : This bill was passed out of the Senate Business Professions and Economic Development Committee on June 15, 2015 and is waiting for a hearing date in the Senate Appropriations Committee.) AB 409 (Yee, Chapter 381, Statutes of 2006) provided licensees under the Board of Barbering and Cosmetology with appeal rights to the DRC established by the Board. AB 3291 (McPherson, Chapter 1285, Statutes of 1994) established the Private Security Disciplinary Review Committee. 3. Arguments in Support. Writing in support of the bill, the California Association of Licensed Investigators (CALI) states, "AB 921 would amend the Private Investigator Act in the Business and Professions Code to require the establishment of a disciplinary review committee (DRC)? This option could save the licensee time as the matter could be resolved more quickly. This option could save the Department of Consumer affairs (DCA) time and expense as a DRC decision accepted by the licensee would not proceed through the more expensive adjudicatory route. A licensee who disagrees with a DRC decision would be able to return to the current process?In addition, AB 921 would amend Section 7525.1? This provision has not been revised to allow for an email address be provided. It is in the best interest of the consumer that an applicant for an original or renewed licensed private investigator license provides the state with a business email address that will be available as a public record along with other specific information regarding individual licensees." 4. Recommended Author's Amendments. The Private Investigator AB 921 (Jones) Page 9 of ? DRC that this bill will establish is modeled after the existing Alarm Company DRC. However, there are three sections in the BPC for the Alarm Company DRC that are not included in this bill. For clarity in defining the functions and protocols of the Private Investigator DRC and consistency with the already existing Alarm Company DRC, the Author should amend and include the following sections under the Private Investigator Act: Section XXXX. (a) The Private Investigator Disciplinary Review Committee shall perform the following functions: (1) Affirm, rescind, or modify all appealed decisions concerning administrative fines assessed by the bureau against a person licensed with the department under this chapter. (2) Affirm, rescind, or modify all appealed decisions concerning denial, revocation, or suspension of licenses, and certificates, registrations, or permits issued by the bureau, except denials or suspensions ordered by the director in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. (b) The Private Investigator Disciplinary Review Committee may grant a probationary license, certificate, registration, or permit with respect to the appealed decisions described in subdivision (a). Section XXXX. If the appellant does not request a hearing within 30 days; the review committee's decision shall become final. (1) A licensee may request a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if he or she contests an assessment of an administrative fine, or to appeal a denial, suspension, or revocation. A hearing may also be requested if the appellant disagrees with the decision made by the Alarm Company Operator Disciplinary Review Committee. (2) A request for a hearing shall be by written notice to the bureau within 30 days of the issuance of the decision by the review committee. A hearing pursuant to this subdivision shall be available only after a review by the disciplinary review committee. Section XXXX. The disciplinary review committee shall be AB 921 (Jones) Page 10 of ? provided all evidence used by the bureau in reaching its decision prior to hearing an appeal. SUPPORT AND OPPOSITION: Support: California Association of Licensed Investigators (Sponsor) Opposition: None on file as of June 16, 2015. -- END --