BILL NUMBER: SB 741 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 17, 2009
AMENDED IN ASSEMBLY JUNE 23, 2009
AMENDED IN SENATE APRIL 13, 2009
AMENDED IN SENATE MARCH 31, 2009
INTRODUCED BY Senator Maldonado
FEBRUARY 27, 2009
An act to amend, repeal, and add Section 146 of, to add
Section An act to add Section 7574.9 to, and to
repeal and add Chapter 11.4 (commencing with Section 7574) of
Division 3 of, the Business and Professions Code, relating to
security services.
LEGISLATIVE COUNSEL'S DIGEST
SB 741, as amended, Maldonado. Proprietary security services.
Existing law, the Proprietary Security Services Act, requires a
person who meets the definition of a proprietary private security
officer to register with the Department of Consumer Affairs. Existing
law requires a proprietary private security officer to complete
training in security officer skills within a specified period of
time. Existing law authorizes, except as otherwise specified, a
registered person to request review by a private security
disciplinary review committee, to contest the assessment of fines or
to appeal the denial, revocation, or suspension of a registration.
Existing law, when certain conditions are met, makes it an infraction
to violate various provisions requiring registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions.
This bill would revise and recast these provisions by requiring,
on and after January 1, 2011, proprietary private security officers
and proprietary private security employers, as defined, to register
with the department. The bill would require applicants for
registration to apply to the department on forms provided by the
department and would require these applications to include, among
other things, a $50 fee for officers and a $75 fee for employers as
well as fingerprints for the officer application. The bill would
require that, upon approval of an application by the Director of
Consumer Affairs, officer and employer applicants be issued a
registration card or registration certificate, respectively.
This bill would, on and after July 1, 2011, require registered
proprietary private security officers to complete training in
security officer skills within 6 months from the date upon which
registration is issued, or within 6 months of his or her employment
with a proprietary private security employer, as specified. The bill
would require registered proprietary private security employers to
maintain specified records regarding the employment of officers and
the completion by officers of training in security officer skills.
The bill would also require these officers on duty to carry a valid
and current registration card or a specified alternative as well as
other identification. The bill would authorize the director to issue
a citation, which may include an order of abatement or an order to
pay an administrative fine, for a violation of these provisions by a
registrant or a person without a valid registration who is acting as
a proprietary private security officer or employer. T
he bill would authorize the director to refuse to approve, or to
suspend or revoke, a registration if the applicant or registrant has
committed specified acts of crimes. The bill would also, when
certain conditions are met, make it an infraction to violate the
provision prohibiting a person from engaging in the business of a
proprietary private security officer without being registered by the
department. By making it an infraction to violate this
provision creating a new crime , the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 146 of the Business and
Professions Code is amended to read:
146. (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) or (d) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when either:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivisions (c) and (d) if the defendant has had
his or her license, registration, or certificate previously revoked
or suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Sections 2052 and 2054.
(2) Section 2630.
(3) Section 2903.
(4) Section 3660.
(5) Sections 3760 and 3761.
(6) Section 4080.
(7) Section 4825.
(8) Section 4935.
(9) Section 4980.
(10) Section 4996.
(11) Section 5536.
(12) Section 6704.
(13) Section 6980.10.
(14) Section 7317.
(15) Section 7502 or 7592.
(16) Section 7520.
(17) Section 7617 or 7641.
(18) Subdivision (a) of Section 7872.
(19) Section 8016.
(20) Section 8505.
(21) Section 8725.
(22) Section 9681.
(23) Section 9840.
(24) Subdivision (c) of Section 9891.24.
(25) Section 19049.
(d) Institutions that are required to register with the Bureau for
Private Postsecondary and Vocational Education pursuant to Section
94931 of the Education Code.
(e) Notwithstanding any other provision of law, a violation of any
of the sections listed in subdivision (c) or (d), which is an
infraction, is punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000).
No portion of the minimum fine may be suspended by the court unless
as a condition of that suspension the defendant is required to submit
proof of a current valid license, registration, or certificate for
the profession or vocation which was the basis for his or her
conviction.
(f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2011, deletes or extends that
date.
SEC. 2. Section 146 is added to the Business
and Professions Code, to read:
146. (a) Notwithstanding any other provision of law, a violation
of any code section listed in subdivision (c) or (d) is an infraction
subject to the procedures described in Sections 19.6 and 19.7 of the
Penal Code when either:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of the code
sections listed in subdivisions (c) and (d) if the defendant has had
his or her license, registration, or certificate previously revoked
or suspended.
(c) The following sections require registration, licensure,
certification, or other authorization in order to engage in certain
businesses or professions regulated by this code:
(1) Sections 2052 and 2054.
(2) Section 2630.
(3) Section 2903.
(4) Section 3660.
(5) Sections 3760 and 3761.
(6) Section 4080.
(7) Section 4825.
(8) Section 4935.
(9) Section 4980.
(10) Section 4996.
(11) Section 5536.
(12) Section 6704.
(13) Section 6980.10.
(14) Section 7317.
(15) Section 7502 or 7592.
(16) Section 7520.
(17) Section 7574.10.
(18) Section 7617 or 7641.
(19) Subdivision (a) of Section 7872.
(20) Section 8016.
(21) Section 8505.
(22) Section 8725.
(23) Section 9681.
(24) Section 9840.
(25) Subdivision (c) of Section 9891.24.
(26) Section 19049.
(d) Institutions that are required to register with the Bureau for
Private Postsecondary and Vocational Education pursuant to Section
94931 of the Education Code.
(e) Notwithstanding any other provision of law, a violation of any
of the sections listed in subdivision (c) or (d), which is an
infraction, is punishable by a fine of not less than two hundred
fifty dollars ($250) and not more than one thousand dollars ($1,000).
No portion of the minimum fine may be suspended by the court unless
as a condition of that suspension the defendant is required to submit
proof of a current valid license, registration, or certificate for
the profession or vocation which was the basis for his or her
conviction.
(f) This section shall become operative on January 1, 2011.
SEC. 3. SECTION 1. Section 7574.9 is
added to the Business and Professions Code, to read:
7574.9. This chapter shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
SEC. 4. SEC. 2. Chapter 11.4
(commencing with Section 7574) is added to Division 3 of the Business
and Professions Code, to read:
CHAPTER 11.4. PROPRIETARY SECURITY SERVICES
Article 1. General
7574. This chapter may be cited as the Proprietary Security
Services Act.
7574.01. For the purposes of this chapter, the following terms
shall have the following meanings:
(a) "Bureau" means the Bureau of Security and Investigative
Services.
(b) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
(c) "Director" means the Director of Consumer Affairs, unless the
context indicates otherwise.
(d) "Person" includes any individual, firm, company, association,
organization, partnership, and corporation.
(e) "Proprietary private security employer" means a person who has
one or more employees who provide security services for the employer
and only for the employer. A person who employs proprietary
private security officers pursuant to this chapter at more than
one location shall be considered a single employer.
(f) "Proprietary private security officer" means an unarmed
individual who is employed exclusively by any one employer whose
primary duty is to provide security services for his or her employer,
whose services are not contracted to any other entity or person, and
who is not exempt pursuant to Section 7582.2, and who meets both of
the following criteria:
(1) Is required to wear a distinctive uniform clearly identifying
the individual as a security officer.
(2) Is likely to interact with the public while performing his or
her duties.
(g) "Registrant" means an individual registered with the bureau
under this chapter.
7574.02. The director shall administer and enforce the provisions
of this chapter.
7574.03. Every power granted or duty imposed upon the director
under this chapter may be exercised or performed by any other officer
or employee of the Department of Consumer Affairs as authorized by
the director, however, the director shall have the supervision of and
the responsibility for all powers and duties exercised by those
officers and employees.
7574.04. The director may, in accordance with the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code) and subject to the provisions of
Section 159.5, appoint and fix the compensation of inspectors,
investigators, and other personnel as may be necessary for the
enforcement of this chapter.
7574.05. The director may adopt regulations as necessary for the
administration and enforcement of this chapter.
7574.06. (a) All fees and fines collected pursuant to this
chapter shall be deposited in the Private Security Services Fund.
(b) All money derived from the registration and regulation of
proprietary private security officers and proprietary private
security employers registered under this chapter shall be expended
exclusively on the registration and regulation of proprietary private
security officers and proprietary private security employers.
7574.08. This article shall become operative on January 1, 2011.
Article 2. Registration
7574.10. No person shall engage in the business of a proprietary
private security officer unless registered with the department
pursuant to this chapter.
7574.11. (a) An applicant seeking registration as a proprietary
private security officer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security officer shall include, but not be limited to, the following:
(1) Submission of fingerprints for submission to the Department of
Justice.
(A) The department shall submit to the Department of Justice
fingerprint images and related information required by the Department
of Justice for all proprietary private security officer registration
applicants, as defined by subdivision (f) of Section 7574.01, for
the purposes of obtaining information as to the existence and content
of a record of state or federal convictions and state or federal
arrests and also information as to the existence and content of a
record of state or federal arrests for which the Department of
Justice establishes that the person is free on bail or on his or her
own recognizance pending trial or appeal.
(B) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a
response to the department.
(C) The Department of Justice shall provide a state and federal
level response to the department pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
(D) The department shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code, for persons described in
subdivision (a).
(E) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.
(2) A fee of fifty dollars ($50).
(c) Upon approval of an application for registration as a
proprietary private security officer by the director, the chief shall
cause to be issued to the applicant a registration card in a form
approved by the director. A registration card shall be valid for two
years from the date of issue.
(d) A person may work as a proprietary private security officer
pending receipt of the registration card if he or she has been
approved by the director and carries on his or her person a hard copy
printout of the bureau's approval from the bureau's Internet Web
site and either a valid driver's license issued pursuant to Section
12811 of the Vehicle Code or a valid identification card issued
pursuant to Section 13000 of the Vehicle Code.
(e) In the event of the loss or destruction of a registration
card, the registrant may apply to the bureau on a form provided by
the bureau for a certified replacement of the card, stating the
circumstances surrounding the loss, and pay a replacement fee of ten
dollars ($10), whereupon the bureau shall issue a replacement of the
card.
(f) A registered proprietary private security officer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
7574.12. No person shall engage in the business of a proprietary
private security employer unless registered with the department
pursuant to this chapter. However, a proprietary private security
employer meeting one of the requirements of Section 7574.14 shall be
considered exempt from registration.
7574.13. (a) An applicant seeking registration as a proprietary
private security employer shall apply to the department on forms
provided by the department.
(b) An application for registration as a proprietary private
security employer shall include, but not be limited to, a fee of
seventy-five dollars ($75).
(c) Upon approval of an application for registration as a
proprietary private security employer by the director, the chief
shall cause to be issued to the applicant a registration certificate
in a form approved by the director. A registration certificate shall
be valid for two years from the date of issue.
(d) A registered proprietary private security employer shall apply
for renewal biennially with the department on forms provided by the
department. The department shall charge a renewal fee of thirty-five
dollars ($35).
7574.14. This chapter shall not apply to the following:
(a) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
(b) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(c) A charitable philanthropic society or association incorporated
under the laws of this state that is organized and duly maintained
for the public good and not for private profit.
(d) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
(e) An attorney at law in performing his or her duties as an
attorney at law.
(f) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
(g) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(h) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
(i) A person engaged solely in the business of securing
information about persons or property from public records.
(j) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt such a peace
officer who either contracts for his or her services or the services
of others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
(k) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry a loaded or concealed firearm unless he or she
is exempted under the provisions of subdivision (a) of Section 12027
of the Penal Code or paragraph (1) of subdivision (b) of Section
12031 of the Penal Code or has met the requirements set forth in
Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or
the services of others as a private patrol operator.
(l) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(m) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
(n) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
(o) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
(p) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
(1) The screening and monitoring access of employees of the same
employer.
(2) The screening and monitoring access of prearranged and
preauthorized invited guests.
(3) The screening and monitoring of vendors and suppliers.
(4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
(q) An armored contract carrier operating armored vehicles
pursuant to the authority of the Department of the California Highway
Patrol or the Public Utilities Commission, or an armored vehicle
guard employed by an armored contract carrier.
7574.15. (a) The director may refuse to approve a proprietary
private security officer or proprietary private security employer
registration pursuant to this chapter to a person who has had any
license or registration revoked, or whose license or registration is
under suspension, or who has failed to renew his or her
license or registration while it was under suspension.
(b) The director may refuse to issue a proprietary private
security officer or proprietary private security employer
registration to a person who has committed any act that, if committed
by a registrant, would be grounds for refusing to issue a
registration, or for the suspension or revocation of a registration
issued pursuant to this chapter.
(c) The director may refuse to approve a proprietary private
security officer registration pursuant to Section 7574.11 to a person
who has committed any act or crime constituting grounds for denial
under Section 480.
7574.16. This article shall become operative on January 1, 2011.
Article 3. Training
7574.18. (a) Except for a person who has completed the course of
training required by Section 7583.45, a person registered and hired
as a proprietary private security officer shall complete training in
security officer skills within six months from the date upon which
registration is issued, or within six months of his or her employment
with a proprietary private security employer.
(b) (1) Except as provided in paragraph (2), a course provider
shall issue a certificate to a proprietary private security officer
upon satisfactory completion of a required course, conducted in
accordance with the department's requirements.
(2) If a proprietary private security employer administers a
course of training pursuant to this section, that proprietary private
security employer shall issue a certificate to a proprietary private
security officer for the completion of training in security officer
skills that each proprietary private security officer is required to
complete, as determined by the department, such as, but not limited
to, power-to-arrest training. However, the employer shall not be
required to provide a certificate for training courses provided
pursuant to a curriculum adopted by the department that are specific
to that employer's business and where the subject of training is not
specifically required by the department.
(c) An employer of a proprietary private security officer may
provide training programs and courses in addition to the training
required in this section.
(d) The department shall develop and establish by regulation a
standard course and curriculum, which shall include a minimum number
of hours of instruction, for the skills training required by
subdivision (a) to promote and protect the safety of persons and the
security of property. For this purpose, the regulations adopted by
the department pursuant to Section 7574.5, as added by Chapter 721 of
the Statutes of 2007, are continued in existence, and shall be
amended by the department as necessary.
(e) The course of training required by subdivision (a) may be
administered, tested, and certified by any proprietary private
security employer, organization, or school approved by the
department. The department may approve any proprietary private
security employer, organization, or school to teach the course.
(f) (1) A proprietary private security employer shall annually
provide each employee registered pursuant to this chapter with
specifically dedicated review or practice of security officer skills
prescribed in the training required in this section. The bureau shall
adopt and approve by regulation the minimum number of hours required
for annual review.
(2) A proprietary private security employer shall maintain at the
principal place of business or branch office a record verifying
completion of the review or practice training for a period of not
less than two years. The records shall be available for inspection by
the department upon request.
(g) This section does not apply to a peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who has successfully completed a course of study in the
exercise of the power to arrest approved by the Commission on Peace
Officer Standards and Training. This section does not apply to
armored vehicle guards.
7574.19. This article shall become operative on July 1, 2011.
Article 4. Conduct of Business
7574.20. No proprietary private security employer shall sublet
proprietary private security officers employed by them to any other
person, business, or entity. Nothing in this section shall be
construed to prohibit an employer from transferring employees from
one location to another or from one subsidiary to another.
7574.21. A person registered as a proprietary private security
employer shall do the following with respect to proprietary private
security officers in his or her employment:
(a) Maintain an accurate and current record of the name, address,
commencing date of employment, and position of each proprietary
private security officer, and the date of termination of employment
when a proprietary private security officer is terminated.
(b) Maintain an accurate and current record of proof of completion
by each proprietary private security officer of the training
described in Section 7574.5.
7574.22. A person registered as a proprietary private security
officer shall carry on his or her person, while on duty, a valid and
current proprietary private security officer's registration card or a
hard copy printout of the bureau's approval from the bureau's
Internet Web site and either a valid driver's license issued pursuant
to Section 12811 of the Vehicle Code or a valid identification card
issued pursuant to Section 13000 of the Vehicle Code.
7574.23. This article shall become operative on January 1, 2011.
Article 5. Enforcement and Disciplinary Proceedings
7574.30. (a) Pursuant to Section 125.9, the director may issue a
citation, which may include an order of abatement or an order to pay
an administrative fine, for a violation of this chapter or any
regulations adopted pursuant to this chapter.
(b) Pursuant to Section 148, the director may issue an
administrative citation, which may include an order of abatement or
an order to pay an administrative fine, to an unregistered person who
is acting as a
proprietary private security officer without a valid registration or
to a person who is acting as a proprietary private security employer
without a valid registration.
(c) The department shall establish by regulation a schedule of
fines for violations of this chapter, or any regulations adopted
pursuant to this chapter.
7574.31. The director may suspend or revoke a proprietary private
security officer registration issued pursuant to Section 7574.11 if
the registrant has committed any act or crime constituting grounds
for suspension or revocation under Section 490.
7574.32. (a) Notwithstanding any other provision of law, a
violation of Section 7574.10 is an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code when
either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of Section
7574.10 if the defendant has had his or her registration previously
revoked or suspended.
(c) Notwithstanding any other provision of law, a violation of
Section 7574.10, which is an infraction, is punishable by a fine of
not less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000). No portion of the minimum fine may be
suspended by the court unless as a condition of that suspension the
defendant is required to submit proof of a current valid registration
pursuant to this chapter.
7574.31. 7574.33. (a) A person
registered with the department under this chapter may request a
review by a private security disciplinary review committee, as
established in Section 7581.1, to contest the assessment of an
administrative fine or to appeal a denial, revocation, or suspension
of a registration unless the denial, revocation, or suspension is
ordered by the director in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
A request for a review shall be by written notice to the
department within 30 days of the issuance of the citation and
assessment, denial, revocation, or suspension.
Following a review by a disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
If the appellant disagrees with the decision made by a
disciplinary review committee, he or she 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. A request for a
hearing following a decision by a disciplinary review committee shall
be by written notice to the department within 30 days following
notice of the committee's decision.
If the appellant does not request a hearing within 30 days, the
review committee's decision shall become final.
(b) Notwithstanding subdivision (a), where a hearing is held under
this chapter to determine whether an application for registration
should be granted, the proceedings shall be conducted in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, and the director shall have all
of the powers granted therein.
7574.32. 7574.34. This article
shall become operative on January, 1, 2011.
SEC. 4. SEC. 3. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.