SECTIONS 22350-22360 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 22350-22360

22350. (a) Any natural person who makes more than 10 services of
process within this state during one calendar year, for specific
compensation or in expectation of specific compensation, where that
compensation is directly attributable to the service of process,
shall file and maintain a verified certificate of registration as a
process server with the county clerk of the county in which he or she
resides or has his or her principal place of business. Any
corporation or partnership that derives or expects to derive
compensation from service of process within this state shall also
file and maintain a verified certificate of registration as a process
server with the county clerk of the county in which the corporation
or partnership has its principal place of business.
(b) This chapter shall not apply to any of the following:
(1) Any sheriff, marshal, or government employee who is acting
within the course and scope of his or her employment.
(2) An attorney or his or her employees, when serving process
related to cases for which the attorney is providing legal services.
(3) Any person who is specially appointed by a court to serve its
process.
(4) A licensed private investigator or his or her employees.
(5) A professional photocopier registered under Section 22450, or
an employee thereof, whose only service of process relates to
subpoenas for the production of records, which subpoenas specify that
the records be copied by that registered professional photocopier.

22351. (a) The certificate of registration of a registrant who is a
natural person shall contain the following:
(1) The name, age, address, and telephone number of the
registrant.
(2) A statement, signed by the registrant under penalty of
perjury, that the registrant has not been convicted of a felony, or,
if the registrant has been convicted of a felony, a copy of a
certificate of rehabilitation, expungement, or pardon.
(3) A statement that the registrant has been a resident of this
state for a period of one year immediately preceding the filing of
the certificate.
(4) A statement that the registrant will perform his or her duties
as a process server in compliance with the provisions of law
governing the service of process in this state.
(b) The certificate of registration of a registrant who is a
partnership or corporation shall contain the following:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) A statement, signed by the general partners or officers under
penalty of perjury, that the general partners or officers have not
been convicted of a felony.
(3) A statement that the partnership or corporation has been
organized and existing continuously for a period of one year
immediately preceding the filing of the certificate or a responsible
managing employee, partner, or officer has been previously registered
under this chapter.
(4) A statement that the partnership or corporation will perform
its duties as a process server in compliance with the provisions of
law governing the service of process in this state.
(c) The county clerk shall retain the certificate of registration
for a period of three years following the expiration date of the
certificate, after which time the certificate may be destroyed if it
is scanned or if the conditions specified in Section 26205.1 of the
Government Code are met. If the certificate is scanned, the scanned
image shall be retained for a period of 10 years, after which time
that image may be destroyed and, notwithstanding Section 26205.1 of
the Government Code, no reproduction thereof need be made or
preserved.

22351.5. (a) At the time of filing an initial certificate of
registration or renewing a certificate of registration that has
lapsed, the registrant shall also submit a completed Request for Live
Scan form confirming fingerprint submission to the Department of
Justice and the Federal Bureau of Investigation, in order to verify
that the registrant has not been convicted of a felony. The clerk
shall utilize the Subsequent Arrest Notification Contract provided by
the Department of Justice for notifications subsequent to the
initial certificate of registration.
(b) If, after receiving the results of the Request for Live Scan,
the clerk is advised that the registrant has been convicted of a
felony, the presiding judge of the superior court of the county in
which the certificate of registration is maintained is authorized to
review the criminal record and, unless the registrant is able to
produce a copy of a certificate of rehabilitation, expungement, or
pardon, as specified in paragraph (2) of subdivision (a) of Section
22351, notify the registrant that the registration is revoked. An
order to show cause for contempt may be issued and served upon any
person who fails to surrender a registered process server
identification card after a notice of revocation.

22352. At the time of filing the initial certificate of
registration, a registrant shall pay the following fees to the county
clerk:
(a) A fee of one hundred dollars ($100).
(b) A fee to cover the actual costs of processing the completed
fingerprint cards when submitted with the initial certificate of
registration.
(c) A fee to cover the actual cost of issuing a registered process
server identification card.

22353. (a) A certificate of registration shall be accompanied by a
bond of two thousand dollars ($2,000), executed by an admitted surety
insurer and conditioned upon compliance with the provisions of this
chapter and all laws governing the service of process in this state.
The total aggregate liability on the bond is limited to two thousand
dollars ($2,000). As an alternative to the bond, the registrant may
deposit with the clerk, cash or a money order in the amount of two
thousand dollars ($2,000).
(b) The county clerk shall, upon filing the bond, deliver the bond
forthwith to the county recorder for recording. The recording fee
specified in Section 27361 of the Government Code shall be paid by
the registered process server. The fee may be paid to the county
clerk, who shall transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for the notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.

22354. A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 22352. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of the
bond, whichever occurs first.

22355. (a) The county clerk shall maintain a register of process
servers and assign a number and issue an identification card to each
process server. The county clerk shall issue a temporary
identification card, for no additional fee, to applicants who are
required to submit Request for Live Scan forms for background checks
to the Federal Bureau of Investigation and the Department of Justice.
This card shall be valid for 120 days. If clearance is received from
the Federal Bureau of Investigation and the Department of Justice
within 120 days, the county clerk shall immediately issue a permanent
identification card to the applicant. Upon request of the applicant,
the permanent identification card shall be mailed to the applicant
at his or her address of record. Upon renewal of a certificate of
registration, the same number shall be assigned, provided there is no
lapse in the period of registration.
(b) The temporary and permanent identification cards shall be not
less than 3 1/4 inches by 2 inches and shall contain at the top the
title, "Registered Process Server," followed by the registrant's
name, address, registration number, date of expiration, and county of
registration. In the case of a natural person, it shall also contain
a photograph of the registrant in the lower left corner. The
identification card for a partnership or corporation registration
shall be issued in the name of the partnership or corporation, and
shall not contain a photograph.

22356. A registrant shall be responsible at all times for the good
conduct of his or her employees acting within the course or scope of
their employment, and any person acting as an independent contractor
within the course or scope of the agency relationship with the
registrant.

22356.5. (a) In addition to the information required by subdivision
(b) of Section 22360, any proof of service of any process which is
signed by an independent contractor of a registrant under this
chapter shall indicate that the proof of service was signed as an
independent contractor of a registered process server. The proof of
service shall indicate the county of registration and the number
assigned pursuant to Section 22355 of both the independent contractor
and the entity registered under this chapter.
(b) No registrant shall permit any individual to sign any proof of
service of any process as an independent contractor unless all of
the following conditions are met:
(1) The independent contractor is performing pursuant to a written
independent contractor agreement with the registrant.
(2) The independent contractor supplies proof of bonding under
Section 22353, if applicable.
(3) The registrant exercises minimal supervision or control over
the means of accomplishing the service of any process assigned by the
registrant. The registrant may communicate a deadline for the
service of process and request notification that such service has
been completed.
(4) The registrant imposes no restrictions on the independent
contractor's ability to perform services for others registered under
this chapter.
(5) The independent contractor supplies proof that any required
business licenses have been obtained.
(c) Persons not meeting the criteria of subdivision (b) shall be
treated as employees of the registrant while persons meeting the
criteria of subdivision (b) shall be treated as independent
contractors.
(d) This section shall not preclude an independent determination
of employment under any other provision of law.

22357. (a) Any person who recovers damages in any action or
proceeding for injuries caused by a service of process which was made
by a registrant and did not comply with the provisions of law
governing the service of process in this state may recover the amount
of the damages from the bond required by Section 22353.
(b) Whenever there has been a recovery against a bond under
subdivision (a), the registrant shall file a new bond or cash deposit
within 30 days to reinstate the bond or cash deposit to the amount
required by Section 22353. If the registrant does not file the bond
within 30 days, the certificate of registration shall be revoked and
the remainder of the bond forfeited to the county treasury.

22358. (a) A certificate of registration may be revoked or
suspended whenever it has been determined that the registrant has
made a service of process, including service completed by an employee
or independent contractor of the registrant, which does not comply
with the provisions of law governing the service of process in this
state or constitutes an improper service of process not amounting to
a violation of law.
(b) An investigation concerning the revocation or suspension of a
certificate of registration may be commenced at any time at the
option of the county clerk if the county clerk deems it to be
appropriate. A complaint by any person who has alleged that he or she
has been injured by a service of process shall be investigated by
the public prosecutor. The investigation shall determine if the
registrant complied with the provisions of law governing the service
of process or constituted improper service of process not amounting
to a violation of the law.
(c) If the public prosecutor determines from the investigation
that cause may exist for the suspension or revocation of the
certificate of registration, he or she shall set the matter for
hearing and give notice to the registrant. That hearing shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Division 3 of Title 2 of the Government Code except that
the decision of the administrative law judge shall be final. For the
purposes of those provisions, the public prosecutor shall be deemed
to be the agency.
(d) If, after the hearing, the county clerk is notified after the
decision has become effective that the administrative law judge has
directed that the registrant's certificate be suspended or revoked,
the county clerk shall forthwith suspend or revoke the certificate.
If the certificate is revoked, the bond or cash deposit required by
Section 22353 shall be forfeited to the county treasury subject to
the right of a person to recover against the bond or cash deposit
under Section 22357.

22359. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor.

22360. Any proof of service of any process which is signed by a
registrant under this chapter shall indicate the county in which he
or she is registered and the number assigned to him or her by Section
22355.