BILL NUMBER: AB 158 CHAPTERED
BILL TEXT
CHAPTER 35
FILED WITH SECRETARY OF STATE JULY 5, 2001
APPROVED BY GOVERNOR JULY 4, 2001
PASSED THE ASSEMBLY JUNE 25, 2001
PASSED THE SENATE JUNE 21, 2001
AMENDED IN SENATE MAY 31, 2001
AMENDED IN ASSEMBLY MARCH 29, 2001
INTRODUCED BY Assembly Member Robert Pacheco
JANUARY 31, 2001
An act to amend Sections 6406, 22354, and 22456 of the Business
and Professions Code, relating to vocational registration.
LEGISLATIVE COUNSEL'S DIGEST
AB 158, Robert Pacheco. Vocational registration.
Existing law requires that legal document assistants, unlawful
detainer assistants, process servers who make more than 10 services
of process in the state a year, and professional photocopiers be
registered with the county that is the person's principal place of
business. Existing law requires that a bond or cash deposit, in a
specified amount depending upon vocation, accompany an application
for registration. Existing law provides that a certificate of
registration, or the renewal of a certificate, is effective for 2
years.
This bill would provide that a certificate of registration ceases
to be effective on the date the bond expires if that date is prior to
the 2 years that a certificate is generally valid. The bill would
allow renewal of registration up to 60 days prior to the expiration
of a current registration, would make a renewed certificate effective
for 2 years or until the date the bond expires, whichever occurs
first, and would make its effective date the date that the current
registration expires.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6406 of the Business and Professions Code, as
amended by Section 12.5 of Chapter 1079 of the Statutes of 1998, is
amended to read:
6406. (a) If granted, a certificate of registration shall be
effective for a period of two years or until the date the bond
expires, whichever occurs first. Thereafter, a registrant shall file
a new certificate of registration or a renewal of the certificate
of registration and pay the fee required by Section 6404. A
certificate of registration may be renewed up to 60 days prior to its
expiration date and the effective date of the renewal shall be the
date the current registration expires. The renewal shall be
effective for a period of two years from the effective date or until
the expiration date of the bond, whichever occurs first.
(b) Except as provided in subdivisions (d) to (f), inclusive, an
applicant shall be denied registration or renewal of registration if
the applicant has been any of the following:
(1) Convicted of a felony, or of a misdemeanor under Section 6126
or 6127.
(2) Held liable in a civil action by final judgment or entry of a
stipulated judgment, if the action alleged fraud, or the use of an
untrue or misleading representation, or the use of an unfair,
unlawful, or deceptive business practice.
(3) Convicted of a misdemeanor violation of this chapter.
(4) Had a civil judgment entered against him or her in an action
arising out of the applicant's negligent, reckless, or willful
failure to properly perform his or her obligation as a legal document
assistant or unlawful detainer assistant.
(5) Had his or her registration revoked pursuant to Section 6413.
(c) If the county clerk finds that the applicant has failed to
demonstrate having met the requisite requirements of Section 6402 or
6402.1, or that any of the paragraphs of subdivision (b) apply, the
county clerk, within three business days of submission of the
application and fee, shall return the application and fee to the
applicant with a notice to the applicant indicating the reason for
the denial and the method of appeal.
(d) The denial of an application may be appealed by the applicant
by submitting, to the director, the following:
(1) The completed application and notice from the county clerk
specifying the reasons for the denial of the application.
(2) A copy of any final judgment or order that resulted from any
conviction or civil judgment listed on the application.
(3) Any relevant information the applicant wishes to include for
the record.
(e) The director shall order the applicant's certificate of
registration to be granted if the director determines that the
issuance of a certificate of registration is not likely to expose
consumers to a significant risk of harm based on a review of the
application and any other information relating to the applicant's
unlawful act or unfair practice described in paragraphs (1) to (5),
inclusive, of subdivision (b). The director shall order the
applicant's certificate of registration to be denied if the director
determines that issuance of a certificate of registration is likely
to expose consumers to a significant risk of harm based on a review
of the application and any other information relating to the
applicant's unlawful act or unfair practice described in paragraphs
(1) to (5), inclusive, of subdivision (b). The director shall send
to the applicant and the county clerk a written decision listing the
reasons registration shall be granted or denied within 30 days of the
submission of the matter.
(f) If the director orders that the certificate of registration be
granted, the applicant may resubmit the application, with the
appropriate application fee and the written decision of the director.
The county clerk shall grant the certificate of registration to the
applicant within three business days of being supplied this
information.
(g) This section shall remain in effect only until January 1,
2003, or the date the director suspends the requirements of this
chapter applicable to legal document assistants pursuant to Section
6416, whichever first occurs and as of that date is repealed, unless
a later enacted statute, that is enacted before that date, deletes or
extends that date.
SEC. 2. Section 6406 of the Business and Professions Code, as
added by Section 12.6 of Chapter 1079 of the Statutes of 1998, is
amended to read:
6406. (a) A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 6404. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of
the bond, whichever occurs first.
(b) This section shall become operative January 1, 2003, or the
date the director suspends the requirements of this chapter
applicable to legal document assistants pursuant to Section 6416,
whichever first occurs.
SEC. 3. Section 22354 of the Business and Professions Code is
amended to read:
22354. A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 22352. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of
the bond, whichever occurs first.
SEC. 4. Section 22456 of the Business and Professions Code is
amended to read:
22456. A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 22453. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of
the bond, whichever occurs first.