Section § 7501

Explanation

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.

There is in the Department of Consumer Affairs a Bureau of Security and Investigative Services. The bureau is under the supervision and control of the director. The director shall administer and enforce the provisions of this chapter.

Section § 7501.05

Explanation

This law states that for the Bureau of Security and Investigative Services, keeping the public safe is the most important priority. If there's ever a conflict between public protection and other goals, protecting the public should always come first.

Protection of the public shall be the highest priority for the Bureau of Security and Investigative Services 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.

Section § 7501.1

Explanation
The Governor of California is responsible for appointing the head (chief) of a particular bureau. The salary for this position is determined by another law. This chief works under the guidance of a director.
The Governor shall appoint a chief of the bureau at a salary to be fixed in accordance with Section 12080.3 of the Government Code. The chief shall serve under the direction and supervision of the director.

Section § 7501.2

Explanation

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.

Every power and duty granted to or imposed upon the director under this chapter may be delegated to the chief, except that the director may not delegate authority to adopt or otherwise act upon any proposed decision of a hearing officer after a hearing under the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The chief may delegate any power or duty granted to or imposed upon him or her under this chapter to the deputy chief, to the assistant chief, or to any inspection, investigation, or auditing personnel of the bureau.

Section § 7501.3

Explanation

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.

The director, in accordance with the State Civil Service Act, and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel, as well as an assistant chief, as may be necessary to carry out the provisions of this chapter. Except as otherwise provided in Section 159.5, all personnel shall perform their respective duties under the supervision and direction of the chief.

Section § 7501.4

Explanation

This law explains that the chief is responsible for collecting evidence against repossession businesses that break the rules or operate without a license. The gathered evidence is then given to county or city prosecutors. Also, with permission, the chief can call in witnesses and question them under oath to investigate these matters.

The chief shall gather evidence of violations of this chapter and of any rule or regulation established pursuant to this chapter by persons engaged in the business of repossession who fail to obtain licenses and shall gather evidence of violations and furnish that evidence to the prosecuting officers of any county or city for the purpose of prosecuting all violations occurring within their jurisdiction.
The chief, with the approval of the director, may require the attendance of witnesses and examine under oath all persons whose testimony he or she requires, relative to the affairs of a licensee or to the subject matter of any examination, investigation, or hearing.

Section § 7501.5

Explanation

The head of a department is required to start and carry out investigations into the activities and business of people or companies holding licenses, even without a formal complaint.

It shall be the duty of the chief to initiate and conduct investigations into the business and affairs of licensees on the chief’s own motion.

Section § 7501.6

Explanation

This section allows the director to create and implement rules needed for examining and licensing applicants, managing those who have licenses, and ensuring that the rules of the chapter are followed to protect the public.

The director may establish and enforce such rules and regulations as may be reasonable and necessary for the examination and licensing of applicants, for the conduct of licensees, and for the general enforcement of various provisions of this chapter in the protection of the public.

Section § 7501.7

Explanation

This law section explains what happens if a security service professional is found breaking certain rules. If an investigation shows that a licensee, certificate holder, or registrant has violated specific sections, the director can send them a written citation by certified mail. The citation will detail the violation and might include an order to fix the problem within a given timeframe and a fine up to $2,500. If someone wants to challenge the citation or fine, they must request a hearing within 30 days, or the option to hold a hearing is withdrawn. If they don’t pay the fine or ask for a hearing, their license won't be renewed until the fine is paid. Fines collected go into the Private Security Services Fund.

If, upon investigation, the director determines that a licensee, a qualified certificate holder, or a registrant is in violation of Section 7508.1, 7508.2, 7508.3, 7508.4, 7508.5, or 7508.6, the director may issue a citation to the licensee, qualified certificate holder, or registrant. The citation shall be in writing and shall describe with particularity the nature of the violation, including specific references to the provision of law determined to have been violated, and shall be delivered by certified mail to the licensee’s, qualified certificate holder’s, or registrant’s address of record. If the citation is issued to the qualified certificate holder or registrant, a copy of the citation shall also be sent by certified mail to the licensee’s address of record. If the director deems it appropriate, the citation may contain an order of abatement fixing a reasonable time for abatement of the violation and may contain assessment of an administrative fine not to exceed two thousand five hundred dollars ($2,500).
A citation or fine assessment shall inform the licensee, qualified certificate holder, or registrant that if he or she desires a hearing to contest the finding of a violation, the hearing shall be requested by written notice to the director within 30 days of the issuance of the citation or assessment, as appropriate. Any request for reconsideration received in writing by the director within the 30 days shall stay the 30 days allowed to request a hearing while the director reconsiders the fine assessment. Upon decision, the director shall notify the licensee, qualified certificate holder, or registrant in writing whether the fine assessment has been withdrawn or the fine assessment has been reaffirmed. If the fine assessment has been reaffirmed, the director shall again inform the licensee, qualified certificate holder, or registrant in writing that he or she has 30 days to request a hearing. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
If the licensee, qualified certificate holder, or registrant neither requests a hearing nor pays the assessed fine within 30 days of the assessment, the license, qualification certificate, or registration of the person shall not be renewed pursuant to Section 7503.10 and no registration shall be issued pursuant to Article 7 (commencing with Section 7506) until the assessed fine is paid.
Administrative fines collected pursuant to this section shall be deposited in the Private Security Services Fund.

Section § 7501.8

Explanation

This law explains how the director evaluates someone’s application for a professional license in certain cases. If an application could be denied due to past criminal activity, the director considers the seriousness of the crime, any good behavior since then, how much time has passed, and how well the applicant followed legal requirements like parole or probation. They also look at any evidence the applicant shows to prove they've changed. The same criteria apply when deciding if an existing license should be suspended or revoked because of a criminal conviction. Furthermore, these factors are also used when someone petitions to get their license back after it has been taken away, especially looking at any proof of rehabilitation.

(a)CA Business & Professions Code § 7501.8(a) When considering the denial of a license, registration, or certificate under Section 7503.5, for which application has been made under this chapter, the director, in evaluating the rehabilitation of the applicant and the applicant’s present eligibility for a license, registration, or certificate, shall consider the following criteria:
(1)CA Business & Professions Code § 7501.8(a)(1) The nature and severity of the act or crime under consideration as grounds for denial.
(2)CA Business & Professions Code § 7501.8(a)(2) Evidence of any act committed subsequent to the act or crime under consideration as grounds for denial, which also could be considered as grounds for denial under Section 7503.5.
(3)CA Business & Professions Code § 7501.8(a)(3) The time that has elapsed since commission of the act or crime referred to in paragraph (1) or (2).
(4)CA Business & Professions Code § 7501.8(a)(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(5)CA Business & Professions Code § 7501.8(a)(5) Evidence, if any, of rehabilitation submitted by the appplicant.
(b)CA Business & Professions Code § 7501.8(b) When considering the suspension or revocation of a license, registration, or certificate issued under this chapter on the grounds of conviction of a crime, the director, in evaluating the rehabilitation of the person and the person’s present eligibility for a license, registration, or certificate, shall consider the following criteria:
(1)CA Business & Professions Code § 7501.8(b)(1) Nature and severity of the act or offense.
(2)CA Business & Professions Code § 7501.8(b)(2) Total criminal record.
(3)CA Business & Professions Code § 7501.8(b)(3) The time that has elapsed since commission of the act or offense.
(4)CA Business & Professions Code § 7501.8(b)(4) Whether the licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee.
(5)CA Business & Professions Code § 7501.8(b)(5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
(6)CA Business & Professions Code § 7501.8(b)(6) Evidence, if any, of rehabilitation submitted by the licensee.
(c)CA Business & Professions Code § 7501.8(c) When considering a petition for reinstatement of a license, registration, or certificate, the director shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subdivision (b).

Section § 7501.9

Explanation

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.

It is the intent of the Legislature, consistent with Section 128.5 of the Business and Professions Code, that the bureau shall not maintain a reserve balance of funds greater than the amount necessary to fund operating expenses of the bureau and that the bureau shall periodically review fees pursuant to this chapter to evaluate the appropriateness of each fee and the regulatory costs associated with each fee.