SECTIONS 6980.42-6980.50 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6980.42-6980.50

6980.42. (a) Within seven days after commencing employment, any
employee of a locksmith who is not currently registered with the
bureau and who is performing the services of a locksmith shall submit
to the bureau a completed application for registration, two
classifiable fingerprint cards, one set of which shall be forwarded
to the Federal Bureau of Investigation for purposes of a background
check, and the appropriate registration fee. No application is
required to be submitted if the employee terminated employment within
seven days. "Within seven days" means 168 hours from the time an
employee provides any service for which he or she shall be
compensated by a licensee.
(b) Except as provided in subdivision (c), an employee of a
licensee may be assigned to work with a temporary registration card
issued by the licensee until the bureau issues a registration card or
denies the application for registration. A temporary registration
card shall in no event be valid for more than 120 days. However, the
director may extend the expiration date beyond the 120 days if there
is an abnormal delay in processing applications for locksmith
employees. For purposes of this section, the 120-day period shall
commence on the date the applicant signs the application.
(c) An employee who has been convicted of a crime prior to
applying for a position as a locksmith employee performing the
services of a locksmith shall not be issued a temporary registration
card and shall not be assigned to work as a locksmith until the
bureau issues a permanent registration card. This subdivision shall
apply only if the applicant for registration has disclosed the
conviction to the bureau on his or her application form, or if the
fact of the conviction has come to the attention of the bureau
through official court or other governmental documents.
(d) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.

6980.43. The application for registration under this article shall
be on a form prescribed by the director and shall be accompanied by
the fee as prescribed in this chapter.

6980.44. The application shall be verified and shall include the
following:
(a) The full name, residence address, telephone number, and date
of birth of the employee.
(b) The name, address, telephone number, and license number of the
employer, and the date the employment commenced.
(c) A statement as to whether the employee has been arrested or
convicted of a misdemeanor, excluding minor traffic violations.
(d) A statement as to whether the employee has been convicted of a
felony.

6980.45. The bureau, upon receipt of a criminal offense record or
record of a subsequent arrest from the Department of Justice, shall
make an immediate determination of fitness for registration of
applicants for registration, when information contained in the
records of the Department of Justice makes such a determination
possible. Applications for registration of those determined to be
unfit shall be immediately denied.

6980.46. (a) If the chief determines that an applicant's criminal
history contains arrest information for which no disposition appears,
the chief shall issue a notice to the applicant allowing the
applicant 45 days to provide documentation concerning the disposition
of the arrest or arrests.
(b) The notice shall be sent to the applicant and shall provide
sufficient information to assist the applicant in complying with the
chief's request. If the applicant fails to respond within 45 days,
the applicant's employment shall be automatically suspended until the
bureau obtains the necessary documentation to approve or deny the
application.

6980.47. If the director determines that continued employment of an
applicant or registrant, in his or her current capacity, may present
an undue hazard to public safety, the licensee, upon proper
notification from the director, shall suspend the applicant or
registrant from employment in that capacity.

6980.48. (a) Upon determining that the applicant is qualified for
registration pursuant to this chapter, the bureau shall issue a
pocket registration card to the employee. The applicant may request
to be issued an enhanced pocket card that shall be composed of
durable material and may incorporate technologically advanced
security features. The bureau may charge a fee sufficient to
reimburse the department for costs for furnishing the enhanced pocket
card. The fee charged may not exceed the actual cost for system
development, maintenance, and processing necessary to provide the
service, and may not exceed six dollars ($6). If the applicant does
not request an enhanced card, the department shall issue a standard
card at no cost to the applicant.
(b) The registrant shall carry a valid registration card issued by
the bureau under this section, and either a valid driver's license
issued pursuant to Section 12811 of the Vehicle Code or a valid
identification card issued pursuant to Section 13000 of the Vehicle
Code, at all times the registrant is engaged in the work of a
locksmith whether on or off the premises of the licensee's place of
business. Every person, while engaged in any activity for which
licensure is required, shall display his or her valid pocket card,
and driver's license or identification card, as provided by
regulation.

6980.49. A licensee shall at all times be responsible for
ascertaining that his or her employees subject to registration are
currently registered or have made proper application for registration
as provided in this article. The licensee shall not have in his or
her employment a person performing the services of a locksmith whose
registration has expired, or been revoked, denied, suspended, or
canceled.

6980.50. (a) All registrations shall be placed on a cyclical
renewal and shall expire two years following the date of issuance or
assigned renewal date.
(b) At least 60 days prior to the expiration of a registration, a
registrant who desires to renew his or her registration shall forward
to the bureau a copy of his or her current registration card, along
with the renewal fee as set forth in this chapter.
(c) The licensee shall provide to any employee information
regarding procedures for renewal of registration.
(d) An expired registration may still be renewed within 30 days
from the date of expiration provided the registrant pays a
delinquency fee provided by this chapter. A registration not renewed
within 30 days following its expiration may not be renewed
thereafter. The holder of an expired registration may obtain a new
registration only on compliance with all the provisions of this
chapter relating to the issuance of an original registration. The
holder of an expired registration shall not engage in any activity
requiring registration under this chapter until the bureau issues a
renewal or new registration.
(e) If the renewed registration card has not been delivered to the
registrant, prior to the date of expiration of the prior
registration, the registrant may present evidence of renewal to
substantiate continued registration, for a period not to exceed 90
days after the date of expiration.
(f) A registration shall not be renewed until any and all fines,
not pending appeal, assessed by the chief or the director have been
paid.