ARTICLE 2. Administration [6510 - 6520]
( Article 2 added by Stats. 2006, Ch. 491, Sec. 3. )
(a) There is within the jurisdiction of the department the Professional Fiduciaries Bureau. The bureau is under the supervision and control of the director. The duty of enforcing and administering this chapter is vested in the chief of the bureau, who is responsible to the director. Every power granted or duty imposed upon the director under this chapter may be exercised or performed in the name of the director by a deputy director or by the chief, subject to conditions and limitations as the director may prescribe.
(b) The Governor shall appoint, subject to confirmation by the Senate, the chief of the bureau, at a salary to be fixed and determined by the director with the approval of the
Director of Finance. The chief shall serve under the direction and supervision of the director and at the pleasure of the Governor.
(c) (1) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(2) Notwithstanding any other provision of law, the repeal of this section renders the bureau subject to review by the appropriate policy committees of the Legislature.
(Amended by Stats. 2023, Ch. 680, Sec. 2. (AB 1262) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
(a) There is within the bureau a Professional Fiduciaries Advisory Committee. The committee shall consist of seven members; three of whom shall be licensees actively engaged as professional fiduciaries in this state, and four of whom shall be public members. One of the public members shall be a member of a nonprofit organization advocating on behalf of the elderly, and one of the public members shall be a probate court investigator.
(b) The Governor shall appoint the member from a nonprofit organization advocating on behalf of the elderly, the probate court investigator, and the three licensees. The Senate Committee on Rules and the Speaker of the Assembly
shall each appoint a public member.
(c) Except as provided in paragraphs (1) and (2), each member of the committee shall be appointed for a term of four years, and shall hold office until the appointment of their successor or until one year shall have elapsed since the expiration of the term for which they were appointed, whichever first occurs.
(1) Commencing January 1, 2027, the Governor shall appoint a licensee member and a public member from a nonprofit organization advocating on behalf of the elderly to a term of two years each. Commencing January 1, 2029, the Governor shall resume appointing these committee positions to four-year terms.
(2) Commencing January 1, 2027, the Governor shall appoint a licensee
member and a probate court investigator to a term of three years each. Commencing January 1, 2030, the Governor shall resume appointing these committee positions to four-year terms.
(d) Vacancies shall be filled by the appointing power for the unexpired portion of the terms in which they occur. A person shall not serve as a member of the committee for more than two consecutive terms.
(e) Every member of the committee shall receive per diem and expenses as provided in Sections 103 and 113.
(f) The committee shall do all of the following:
(1) Examine the functions and policies of the bureau and make recommendations with respect to policies, practices, and regulations
as may be deemed important and necessary by the director or the chief to promote the interests of consumers or that otherwise promote the welfare of the public.
(2) Consider and make appropriate recommendations to the bureau in any matter relating to professional fiduciaries in this state.
(3) Provide assistance as may be requested by the bureau in the exercise of its powers or duties.
(4) Meet at least once each quarter. All meetings of the committee shall be public meetings.
(g) The bureau shall meet and consult with the committee regarding general policy issues related to professional fiduciaries.
(Amended by Stats. 2023, Ch. 680, Sec. 3. (AB 1262) Effective January 1, 2024.)
The bureau may employ, subject to civil service and other provisions of law, other employees as may be necessary to carry out the provisions of this chapter under the direction of the chief.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
The bureau shall keep a complete record of all its proceedings and all licenses issued, renewed, or revoked, and a detailed statement of receipts and disbursements.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
The duty of administering and enforcing this chapter is vested in the bureau and the chief. In the performance of this duty, the bureau and the chief have all of the powers of, and are subject to all of the responsibilities vested in and imposed upon, the head of a department by Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
The bureau may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), regulations necessary to enable the bureau to carry into effect the provisions of law relating to this chapter.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
(a) The bureau shall be responsible for administering the licensing and regulatory program established in this chapter.
(b) The bureau shall approve classes qualifying for prelicense education, as well as classes qualifying for annual continuing education required by this chapter. The bureau shall maintain a current list of all approved classes.
(c) The bureau shall arrange for the preparation and administration of
licensing examinations.
(Added by Stats. 2006, Ch. 491, Sec. 3. Effective January 1, 2007.)
The bureau shall adopt, by regulation, a Professional Fiduciaries Code of Ethics. The Professional Fiduciaries Code of Ethics shall be consistent with all statutory requirements, as well as requirements developed by the courts and the Judicial Council. The Professional Fiduciaries Code of Ethics shall be provided electronically on the bureau’s Internet Web site and to persons who request an application for licensure. The bureau may, by regulation, amend the Professional Fiduciaries Code of Ethics from time to time, as it deems necessary, provided that no amendment
shall be effective with regard to a licensee until the licensee’s next annual license renewal cycle, as specified in subdivision (a) of Section 6541, is completed. Any amendment to the Professional Fiduciaries Code of Ethics shall be included in the license renewal materials sent to a licensee.
(Amended by Stats. 2007, Ch. 354, Sec. 3. Effective January 1, 2008.)