Section § 6980.71

Explanation

This law allows the director to deny a license if the applicant has lied on their application, been convicted of a crime, committed dishonest acts, had a prior license refused or revoked, or been involved in such actions through their role in a business. However, the denial can only occur if these issues are closely related to the job's duties. If denied, the applicant will get a written explanation and have 30 days to request a hearing. Importantly, a person with a felony conviction who has a rehabilitation certificate, or a misdemeanor conviction who meets certain rehabilitation criteria, cannot be denied a license solely based on these convictions.

(a)CA Business & Professions Code § 6980.71(a) The director may deny a license or registration regulated by this chapter on the grounds that the applicant has done any of the following:
(1)CA Business & Professions Code § 6980.71(a)(1) Knowingly made a false statement of fact required to be revealed in the application for a license.
(2)CA Business & Professions Code § 6980.71(a)(2) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the bureau is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code.
(3)CA Business & Professions Code § 6980.71(a)(3) Committed any act involving dishonesty, fraud, or deceit, with the intent to substantially benefit himself, herself, or another, or to substantially injure another.
(4)CA Business & Professions Code § 6980.71(a)(4) Committed any act which, if done by a licensee, would be grounds for suspension or revocation of a license.
(5)CA Business & Professions Code § 6980.71(a)(5) Been refused a license under this chapter or had a license revoked.
(6)CA Business & Professions Code § 6980.71(a)(6) Been an officer, partner, or manager of any person who has been refused a license under this chapter or whose license has been suspended or revoked.
(b)CA Business & Professions Code § 6980.71(b) The bureau may deny a license or registration pursuant to this section only if the crime or act is substantially related to the qualifications, functions, or duties of the license or registration for which application has been made.
(c)CA Business & Professions Code § 6980.71(c) The denial of a license or registration shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if he or she desires a hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the review shall be requested within 30 days of the issuance of the denial.
(d)CA Business & Professions Code § 6980.71(d) Notwithstanding any other provision of this chapter, no person shall be denied a license or registration solely on the basis that he or she has been convicted of a felony, if he or she has obtained a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or solely on the basis that he or she has been convicted of a misdemeanor, if he or she has met all applicable requirements of the criteria of rehabilitation as provided in Section 6980.72.

Section § 6980.72

Explanation

This law outlines how the chief evaluates whether someone should be given, denied, or have a license or registration suspended or revoked. It considers factors like the nature of the applicant's crime, their entire criminal history, any new offenses, how much time has passed since the offense, and whether they've met conditions like probation or parole. It also involves looking at any evidence of rehabilitation the applicant submits. These same criteria are used when someone petitions to have a license or registration reinstated.

(a)CA Business & Professions Code § 6980.72(a) When considering the denial, suspension, or revocation of a license or registration for which application has been made under this chapter, the chief, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license or registration, shall consider all the following criteria:
(1)CA Business & Professions Code § 6980.72(a)(1) The nature and severity of the act or crime under consideration as grounds for denial.
(2)CA Business & Professions Code § 6980.72(a)(2) The applicant’s total criminal record.
(3)CA Business & Professions Code § 6980.72(a)(3) Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, suspension, or revocation which also could be considered as grounds for denial under Section 6980.71.
(4)CA Business & Professions Code § 6980.72(a)(4) The time that has elapsed since commission of the act or crime referred to in paragraph (1) or (2).
(5)CA Business & Professions Code § 6980.72(a)(5) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(6)CA Business & Professions Code § 6980.72(a)(6) Evidence, if any, of rehabilitation submitted by the applicant.
(b)CA Business & Professions Code § 6980.72(b) When considering a petition for reinstatement of a license or registration, the chief shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subdivision (a).

Section § 6980.73

Explanation

If a locksmith is convicted of a crime that is closely related to their job duties, their license is automatically suspended. This happens when the licensing bureau sends them a notice of conviction and suspension to their registered address. The notice will explain that the crime is connected to their professional responsibilities. This law aims to quickly suspend such licenses to protect public safety and security.

(a)CA Business & Professions Code § 6980.73(a) The license or registration of a locksmith shall be automatically suspended if the locksmith is convicted of any crime which is substantially related to the functions, duties, and responsibilities of a locksmith. The automatic suspension shall be effectuated by the mailing of a notice of conviction and suspension of license to be sent by the bureau to the licensee at his or her address of record.
(b)CA Business & Professions Code § 6980.73(b) The notice shall contain a statement of preliminary determination by the director or his or her designee that the crime stated is reasonably related to the functions, duties, and responsibilities of a locksmith.
(c)CA Business & Professions Code § 6980.73(c) In enacting this section, the Legislature finds and declares that locksmiths convicted of crimes reasonably related to the functions, duties, and responsibilities of a locksmith shall be subject to automatic suspension of their license and that summary suspension is justified by compelling state interests of public safety and security within the meaning of the California Supreme Court’s decision in Eye Dog Foundation v. State Board of Guide Dogs for the Blind, 67 Cal. 2d 536.

Section § 6980.74

Explanation

This law allows a bureau to suspend or revoke licenses for locksmiths and similar professions if they engage in certain unlawful acts. These acts include lying or hiding important information on a license application, interfering with enforcement officers, using their skills to commit crimes, being convicted of a relevant crime, or breaking rules related to their profession. If these acts are carried out by officers in a corporation or partners in a partnership, the business's license can also be affected.

(a)CA Business & Professions Code § 6980.74(a) The bureau may suspend or revoke a license issued pursuant to this chapter for acts including, but not limited to, any of the following acts which shall also be unlawful:
(1)CA Business & Professions Code § 6980.74(a)(1) Misrepresentation or concealment of a material fact in a license application.
(2)CA Business & Professions Code § 6980.74(a)(2) Interference with authorized personnel engaged in the enforcement or administration of this chapter.
(3)CA Business & Professions Code § 6980.74(a)(3) Knowingly using or permitting the use of any of his or her skills, tools, or facilities for the commission of any crime.
(4)CA Business & Professions Code § 6980.74(a)(4) Conviction of a crime substantially related to the qualifications, functions, or duties of a locksmith.
(5)CA Business & Professions Code § 6980.74(a)(5) A violation of this chapter or the rules and regulations adopted under the authority of this chapter.
(b)CA Business & Professions Code § 6980.74(b) The bureau may suspend or revoke a license issued to a corporation or to a partnership for the commission of any act listed in subdivision (a) by an officer of the corporation or by a partner in the partnership.

Section § 6980.75

Explanation

If someone has a record of being convicted of a crime, or a certified copy of that record, it is taken as undeniable proof that the conviction happened.

A record of conviction, or a certified copy thereof, shall be conclusive evidence of conviction.

Section § 6980.76

Explanation

This law section explains that if the bureau wants to deny, revoke, or suspend a license, they must follow specific procedures outlined in a different part of the Government Code. Basically, there's a set way to handle these situations to ensure fairness and consistency.

The proceedings of the bureau to deny a license application, or to revoke or suspend a license, shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of the Government Code.

Section § 6980.77

Explanation

If a business operating as a corporation in California is not registered or in good standing with the Secretary of State and the Franchise Tax Board, its license can be automatically suspended. The business will receive a written notice and has 30 days to fix the issue. The license can be reinstated after suspension by proving it's back in good standing and paying a fee.

Notwithstanding any other law, the failure of any person licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau shall result in the automatic suspension of the licensee by operation of law. The bureau shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State or Franchise Tax Board, or both, and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the bureau that it is properly registered and in good standing with the Secretary of State or Franchise Tax Board, or both. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the bureau that the license is properly registered and in good standing and the payment of the reinstatement fee as prescribed by this chapter.