As used in this article, unless otherwise indicated, “director” means the Director of the Office of Administrative Hearings.
Home FurnishingsDisciplinary Proceedings Against Nonresidents
Section § 19215
This section defines the term "director" as it is used in this particular article to specifically refer to the Director of the Office of Administrative Hearings.
Director of the Office of Administrative Hearings Office of Administrative Hearings definition of director
Section § 19215.1
This law states that if someone from out of state has a license to do business in California and uses that license in the state, it's like they've agreed that legal papers can be delivered to the director on their behalf if there’s a disciplinary case against them.
The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her engaging within this state, either personally or through an agent or employee, in a business subject to license under this chapter, is equivalent to the appointment by the licensee of the director as his or her true and lawful attorney upon whom may be served all lawful process in any disciplinary proceeding conducted against him or her under this chapter.
nonresident licensee business license disciplinary proceeding
Section § 19215.2
If you accept the benefits or rights granted by a license in California, you agree that any legal paperwork served to you according to the rules in this article will be treated just as if it were handed to you personally in California.
The acceptance of such rights and privileges as so evidenced shall signify the agreement of the licensee that any such process which is served against him or her in the manner provided in this article shall be of the same legal force and validity as if served upon him or her personally in this state.
licensee agreement legal force service of process
Section § 19215.3
This law says that to officially notify a licensee of an accusation, a copy of the accusation along with a notice of defense and other required statements must be left with the director or at their office in Sacramento. It also mentions a $2 fee for each licensee served. This method of service counts as proper notice, but it must also comply with another code section, 19215.4.
Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the Government Code, with a fee of two dollars ($2) for each licensee to be served, in the hands of the director or in his or her office in Sacramento. This service shall be sufficient service on the licensee subject to compliance with Section 19215.4 of this code.
accusation service notice of defense statement to respondent
Section § 19215.4
This law explains that if there is an accusation against a licensed professional, the director has to send a notice and related documents to that person’s last known address using registered mail. If the notice and documents are personally delivered to the person outside the state, it's considered the same as mailing them.
A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered mail by the director to the licensee at his or her last known address as furnished by the bureau. Personal service of this notice, copy of the accusation, notice of defense, and statement to respondent upon the licensee wherever found outside this state shall be the equivalent of this mailing.
notice of service registered mail accusation documents
Section § 19215.5
This law explains how to prove that someone was officially informed about a legal complaint against them. If the notice was sent by mail, proof includes an affidavit from the director or an authorized employee showing it was sent, along with a return receipt signed by the recipient or their agent. Both the affidavit and receipt must be attached to the original complaint in the bureau's file. If the notice was served in person but outside the state, a local officer's return, showing the service was completed, must also be attached to the original complaint.
Proof of compliance with Section 19215.4 shall be made in the event of service by mail by affidavit of the director or his or her authorized employee showing this service by mailing, together with the return receipt of the United States post office bearing the signature of the licensee or his or her agent. The affidavit and receipt shall be appended to the original accusation on file with the bureau. In the event of personal service outside this state, compliance may be proved by the return of any duly constituted public officer qualified to serve process in civil actions in the state or jurisdiction where the licensee is found, showing such service to have been made. This return shall be appended to the original accusation on file with the bureau.
proof of compliance service by mail affidavit of the director
Section § 19215.6
This section outlines the timing rules for proceedings involving a licensee and their opportunity to defend themselves. It ensures that a licensee has at least 30 days to respond after receiving a notice of accusation. Additionally, any hearing notices must be sent at least 20 days before the hearing, and any requests to cross-examine must be made at least 15 days before the hearing.
The bureau, or if the proceeding has been assigned to a hearing officer of the Office of Administrative Hearings, the hearing officer, may order postponements or continuances and grant extensions of time that may be necessary to afford the licensee reasonable opportunity to defend the proceeding. In no event shall the licensee have less than 30 days after the date of mailing or delivery to him or her of the copy of the accusation in which to file a notice of defense, nor shall the notice of hearing provided for in Section 11509 of the Government Code or the notice and copy of affidavit referred to in Section 11514 of the Government Code be mailed or delivered less than 20 days prior to the date of hearing, and the time for making a request to cross-examine under Section 11514 of the Government Code shall be not less than 15 days.
hearing officer postponements continuances
Section § 19215.7
This law requires the director to keep a detailed log of all legal documents they receive, including the exact date and time the documents were served.
The director shall keep a record of all process served upon him or her pursuant to this article that shall show the day and hour of service.
director record keeping process served
Section § 19215.8
This section defines a 'nonresident' as someone who does not live in California when they start a business in the state as described in another section.
As used in this article “nonresident” means a person who is not a resident of this State at the time he or she engages in business in the State as described in Section 19215.1.
nonresident definition business engagement out-of-state person
