Code Section Group

Business and Professions Code - BPC

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.11]

  ( Heading of Division 3 added by Stats. 1939, Ch. 30. )

CHAPTER 11.3. Private Investigators [7512 - 7573.5]

  ( Chapter 11.3 added by Stats. 1994, Ch. 1285, Sec. 4. )

ARTICLE 2. Administration [7515 - 7519.4]
  ( Article 2 added by Stats. 1994, Ch. 1285, Sec. 4. )

7515.
  

The director may adopt and enforce reasonable rules, as follows:

(a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare.

(b) Carrying out generally the provisions of this chapter, including regulation of the conduct of licensees.

(Amended by Stats. 2017, Ch. 569, Sec. 6. (SB 559) Effective January 1, 2018.)

7518.
  

Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensee’s qualified manager, 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.

(Amended by Stats. 2017, Ch. 569, Sec. 7. (SB 559) Effective January 1, 2018.)

7519.
  

The director shall furnish, at least once every two years, one copy of the current licensing law, rules, and regulations to every licensed business governed under this chapter, without charge. The director may charge and collect a fee equivalent to the cost of producing these documents for each additional copy which may be furnished upon request to any licensee or any applicant for licensure and for each copy furnished on request to any other person.

(Added by Stats. 1994, Ch. 1285, Sec. 4. Effective January 1, 1995.)

7519.1.
  

(a) The Governor shall appoint a Private Investigator Disciplinary Review Committee, and may remove any member of the committee for misconduct, incompetency, or neglect of duty.

(b) The committee shall consist of three members actively engaged in the business of a licensed private investigator and two public members. The public members shall not be licensees or registrants, or engage in any business or profession in which any part of the fees, compensation, or revenue thereof, is derived from any licensee.

(c) The committee shall meet every 60 days or more or less frequently as may be required. The members shall be paid per diem pursuant to Section 103 and shall be reimbursed for actual travel expenses. The members shall be appointed for a term of four years.

(d) This section shall become operative on July 1, 2017.

(Added by Stats. 2015, Ch. 635, Sec. 1. (AB 921) Effective January 1, 2016. Section operative July 1, 2017, by its own provisions.)

7519.2.
  

(a) The Private Investigator Disciplinary Review Committee shall perform the following functions:

(1) Affirm, rescind, or modify all decisions concerning administrative fines assessed by the bureau against private investigators that are appealed to the committee.

(2) Affirm, rescind, or modify all decisions concerning denial, suspension, or revocation of licenses or permits issued by the bureau, except denials, suspensions, or revocations 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 that are appealed to the committee.

(b) The committee may grant a probationary license with respect to the appealed decisions described in subdivision (a).

(c) This section shall become operative on July 1, 2017.

(Added by Stats. 2015, Ch. 635, Sec. 2. (AB 921) Effective January 1, 2016. Section operative July 1, 2017, by its own provisions.)

7519.3.
  

(a) (1) A person licensed with the department under this chapter may appeal the assessment of an administrative fine to the Private Investigator Disciplinary Review Committee. A person denied, suspended of, or revoked of a license under this chapter may appeal to the committee, unless the denial, suspension, or revocation of the license 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.

(2) A request for an appeal to the committee shall be made in a written notice to the department within 30 days of the assessment of an administrative fine or denial, suspension, or revocation of a license.

(3) Following review by the committee of the appeal, the appellant shall be notified in writing, by regular mail, within 30 days of the committee’s decision on the appeal.

(4) If the appellant disagrees with the decision made by the committee, the appellant may request a hearing as described in subdivision (b). A request for a hearing following a decision by the committee shall be made by written notice to the department within 30 days following notice of the committee’s decision.

(5) If the appellant does not request a hearing within those 30 days, the committee’s decision shall become final.

(b) (1) A person licensed with the department under this chapter 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 of a license. A hearing may also be requested, if the appellant disagrees with the decision made by the committee.

(2) A request for a hearing shall be made by written notice to the department within 30 days following the issuance of the decision by the committee. A hearing pursuant to this subdivision shall be available only after a review by the committee.

(c) This section shall become operative on July 1, 2017.

(Added by Stats. 2015, Ch. 635, Sec. 3. (AB 921) Effective January 1, 2016. Section operative July 1, 2017, by its own provisions.)

7519.4.
  

(a) The Private Investigator Disciplinary Review Committee shall be provided all evidence used by the bureau in reaching its decision prior to hearing an appeal.

(b) This section shall become operative on July 1, 2017.

(Added by Stats. 2015, Ch. 635, Sec. 4. (AB 921) Effective January 1, 2016. Section operative July 1, 2017, by its own provisions.)

BPCBusiness and Professions Code - BPC2