Alarm CompaniesAdministration
Section § 7591
This section establishes a Bureau of Security and Investigative Services within the Department of Consumer Affairs. The bureau is managed by a director, who is responsible for implementing and overseeing the related rules and regulations.
Section § 7591.1
The governor picks someone to lead the bureau, and this person, called the chief, will be paid a salary as determined by another rule. The chief works under the guidance of a director.
Section § 7591.10
If someone wants a professional license, certificate, or registration, this section explains why they might be denied. Reasons include lying on the application, having certain criminal convictions, or doing something dishonest or deceitful. Also, if they or someone they're associated with has had a license denied or revoked before, that could be a reason too. The specific crime or action must relate directly to the job they're applying for. Denials will be in writing, and applicants can ask for a review within 30 days. However, if someone has a rehabilitation certificate, a past felony alone can't be the reason for denial. Similarly, if someone meets rehabilitation criteria, a misdemeanor can't be the sole reason for denial.
Section § 7591.11
In California, if you've been convicted of a felony, you can't get a firearms permit unless your conviction has been downgraded or you've been pardoned. This rule applies to any licensee, manager, or alarm agent, and you can't contest the denial. Additionally, if an applicant has been judged within the last year as lacking the judgment and self-control needed to handle a firearm, they won't be granted a permit either.
Section § 7591.12
This law sets out what the chief must consider when deciding whether to deny, suspend, or revoke a license, certificate, or registration based on someone's past actions. The chief should evaluate factors like how serious the past crime was, the person's entire criminal record, any further bad acts committed after the crime, how much time has passed since then, whether the person followed court orders like parole or probation, and any evidence of turning over a new leaf. When someone wants their license back, these same factors are considered to see if they've been rehabilitated.
Section § 7591.13
This law allows a designated official, such as the chief, to issue citations to people acting like licensed security professionals without the proper credentials. Violators can be fined up to $5,000 or given a deadline to fix the issue. Upon receiving a citation, the person has options to contest it: they can request a formal hearing within 30 days or an informal meeting within 10 days to discuss the citation. The citation process must be documented, including the violation details and must be served personally or via certified mail. The amount of the fine depends on factors like the violator's intent, history, and efforts to address the breach. If the violation isn’t resolved in time, it could lead to further penalties. Collected fines go into the Private Security Services Fund.
Section § 7591.14
This law says that the bureau should not keep more money in reserve than it needs for its daily expenses. The bureau must regularly check if the fees it charges are appropriate and cover regulatory costs.
Section § 7591.17
The Governor of California is responsible for appointing a committee to oversee the discipline of alarm company operators. This committee is made up of three business members who are licensed alarm company operators and two public members. They meet regularly, at least every 60 days or as needed. Members receive a per diem payment and are reimbursed for travel costs. They serve on the committee at the Governor's discretion.
Section § 7591.18
This section outlines the functions of the Alarm Company Operator Disciplinary Review Committee. The committee decides whether to uphold, change, or overturn decisions related to administrative fines, or the denial, revocation, or suspension of licenses and permits affecting alarm company operators or their employees. It can also issue probationary licenses or permits when reviewing these cases.
Section § 7591.19
If an alarm company operator, qualified manager, or alarm agent in California thinks they've received an unfair fine or had their license denied, revoked, or suspended, they can ask for help. They start by writing to the Alarm Company Operator Disciplinary Review Committee within 30 days. If they're not happy with the committee's decision, they can ask for a formal hearing within another 30 days. If they do nothing, the committee's decision will stick. The process allows the person to contest actions like fines or license issues, but only after the committee review is complete.
Section § 7591.2
This law allows the director to give their responsibilities to the chief, except when it comes to making decisions based on a hearing officer's proposal after a formal hearing. The chief can also pass on their tasks to the deputy chief, assistant chief, or any staff involved in inspection, investigation, or auditing.
Section § 7591.20
Before a disciplinary appeal hearing, the committee responsible for reviewing the case must receive all the evidence that the bureau used to make its initial decision.
Section § 7591.3
This law allows the director to hire and decide the pay for clerical, inspection, investigation, and auditing staff. It also allows for the appointment of an assistant chief to help carry out duties. All these staff members work under the chief's supervision, unless another rule specifies differently.
Section § 7591.4
This law says that the chief is responsible for collecting evidence when someone without the right license is doing business that requires one. The chief must then give this evidence to local prosecuting officers so they can take legal action against these unlicensed activities.
Section § 7591.5
The main role of the chief is to begin and carry out investigations into alarm company operators if they are not following the rules set out in this chapter. These investigations can start either on the chief's own initiative or when there is a written complaint about the actions of the alarm company or its employees.
Section § 7591.6
This law gives the director the authority to create and enforce rules related to the licensing process, the behavior of those holding licenses, and the overall enforcement of the chapter, all to protect the public. They consider advice from an advisory board to make these decisions.
Section § 7591.7
This law allows a designated official to review certain business records belonging to alarm companies to check that they are following the rules. However, the official cannot look at private client details related to how the alarm system works.
Section § 7591.8
If someone has a license, registration, or firearm qualification card and is considered a danger to public safety, the director can automatically suspend it. The person can then ask for a review of this suspension through a specific committee.
Section § 7591.9
If an alarm company operator, manager, or agent breaks certain rules, the director can give them a written notice and fine, explaining what they did wrong. The fine can't be more than $2,500. They have 30 days to ask for a review if they disagree with the fine. Not asking for a review or not paying can stop their license from being renewed. All fines collected go to a specific fund.