Chapter 20Professional Photocopiers
Section § 22450
In California, a professional photocopier is someone who is paid to copy or access documents that are legally allowed to be reproduced, such as certain medical and legal records. This person must register with the county clerk where they live or where their main office is located. If they have additional offices, they must also register in those counties.
Section § 22451
This section lists exceptions to rules that don't apply to certain people or groups when handling records. It doesn't apply to government employees working during their job, State Bar members and their team, court-appointed individuals distributing records, employees of registered people, record custodians making their own copies, certified shorthand reporters, those licensed under specific licensing codes, and the Secretary of State's office.
Section § 22452
This law outlines the requirements for registering as a professional photocopier in California. For individuals, the application must include personal details like name and contact information, a declaration of no felony convictions, and a promise to follow laws regarding confidential information. Partnerships or corporations must also provide similar information for partners or officers. Completed applications are kept on file for three years, or as electronic records for ten years. Providing false information can result in penalties ranging from $2,500 to $25,000, and public prosecutors can enforce these penalties as civil judgments.
Section § 22453
If you want to register for something in California, you'll need to pay $175 to the county clerk when you turn in your paperwork. If you need extra ID cards, you'll have to pay extra for each one. The extra cost covers the expense of making those cards and is decided by the county clerk.
Section § 22453.1
This law allows people who are registered under a certain chapter to pay only $100 for a fee, instead of the standard $175.
Section § 22454
A person managing a professional photocopying business in California must have someone with a valid notary public commission involved in the management. If the person holding the notary commission is not the same as the one registering the photocopier business, there needs to be written permission from the notary to use their commission for this purpose. The business must keep a valid notary commission throughout the time it’s registered and notify the county clerk with an updated commission if the existing one expires before the business registration ends.
Section § 22455
This law outlines the requirements for obtaining a certificate of registration, which includes a $5,000 bond to ensure compliance with confidentiality laws. When filing the bond, a photocopier professional pays a fee for it to be recorded. Instead of a bond, a $5,000 cash deposit with the county clerk is acceptable. If the certificate is revoked, the bond or deposit can be returned, but a cash deposit might be held for up to three years to cover any remaining claims unless a judge decides otherwise.
Section § 22456
This law states that a registration certificate lasts for two years or until the bond expires, whichever comes first. After that, you need to file a new or renewed registration and pay the necessary fee. You can renew up to 60 days before it ends, and the renewal kicks in right after the current one expires, lasting another two years or until the bond expires, whichever comes first.
Section § 22457
If you're a professional photocopier in a county, the county clerk keeps a registry of all of you, gives you a unique number, and issues you an ID card. If you have employees, they can also get ID cards, but you'll need to pay a fee for each one. When it's time to renew your registration, you'll keep the same number as long as there hasn't been a three-year gap since your last registration in that county. The ID card must have specific details like your name, registration number, and a photo if it's for an individual. For partnerships or corporations, the card is issued in their name without any photo. Employees' ID cards must include a photo and mention their employer's name.
Section § 22458
This law section requires professional photocopiers to keep any information they handle secure and private. They must ensure that only the right people or organizations get access to the records.
Section § 22459
If someone wins damages in a lawsuit because a person or business mishandled private information, they can get money from the offender's bond or cash deposit. If this happens, the person or business at fault must replenish their bond or cash within 30 days, or they will lose their registration certificate.
Section § 22460
If a professional photocopier is found guilty of a misdemeanor related to their work, or if a civil judgment is made against them for mishandling confidential information, the county clerk will cancel their registration. They will be notified of these court actions. After a year, the individual may apply to register again.
Section § 22460.5
This law allows for the revocation or suspension of a registration certificate if someone improperly shares confidential records, even if it doesn't break the law. Investigations into such issues can start anytime, based on a public prosecutor's judgment or a complaint from someone harmed by the sharing of information. If the prosecutor finds potential grounds for revocation or suspension after an investigation, a hearing will be set, and the registrant will be notified. The hearing follows specific government procedures, with the prosecutor acting as the agency conducting it.
Section § 22461
If your registration certificate is suspended or revoked, you have the right to contest that decision in an appropriate court.
Section § 22462
This law states that whenever a professional photocopier transmits records, they must include a certificate. This certificate needs to have an affidavit from the custodian of the original records and the photocopier, ensuring the records are properly handled and sent to the right people. The certificate should include the photocopier's information like name, address, and registration details. Additionally, the custodian who gives the records to the photocopier isn't liable if the records are misused, as long as the proper procedures are followed and the records were released with authorization or subpoena.