SECTIONS 7561-7567 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7561-7567

7561. Except as otherwise required to comply with the provisions of
Article 5 (commencing with Section 7558), the proceedings under this
article shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the director shall have all the powers granted
therein.

7561.1. The director may deny, suspend, or revoke a license issued
under this chapter if he or she determines that the licensee or his
or her manager, if an individual, or if the licensee is a person
other than an individual, that any of its officers, directors,
partners, or its manager, has:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement of a license.
(b) Violated any provisions of this chapter.
(c) Violated any rule of the director adopted pursuant to the
authority contained in this chapter.
(d) Been convicted of any act or crime constituting grounds for
denial of licensure under Section 480, including illegally using,
carrying, or possessing a deadly weapon.
(e) Impersonated, or permitted or aided and abetted an employee to
impersonate a law enforcement officer or employee of the United
States of America, or of any state or political subdivision thereof.
(f) Committed or permitted any employee to commit any act, while
the license was expired which would be cause for the suspension or
revocation of a license, or grounds for the denial of an application
for a license.
(g) Willfully failed or refused to render to a client services or
a report as agreed between the parties and for which compensation has
been paid or tendered in accordance with the agreement of the
parties.
(h) Committed assault, battery, or kidnapping, or using force or
violence on any person, without proper justification.
(i) Knowingly violated, or advised, encouraged, or assisted the
violation of any court order or injunction in the course of business
as a licensee.
(j) Acted as a runner or capper for any attorney.
(k) Been convicted of a violation of Section 148 of the Penal
Code.
(l) Committed any act which is a ground for denial of an
application for a license under this chapter.
(m) Committed any act prohibited by Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1 of the Penal Code.
(n) Purchased, possessed, or transported any tear gas weapon
except as authorized by law. A violation of this subdivision may be
punished by the suspension of a license for a period to be determined
by the director.
(o) Been convicted of a violation of Section 95.3 of the Penal
Code.

7561.3. The director may suspend or revoke a license issued under
this chapter if he or she determines that the licensee or his or her
manager, if an individual, or if the licensee is a person other than
an individual, that any of its officers, directors, partners, or its
manager, has:
(a) Used any letterhead, advertisement, or other printed matter,
or in any manner whatever represented that he or she is an
instrumentality of the federal government, a state, or any political
subdivision thereof.
(b) Used a name different from that under which he or she is
currently licensed in any advertisement, solicitation, or contract
for business.

7561.4. The director may suspend or revoke a license issued under
this chapter if he or she determines that the licensee or his or her
manager, if an individual, or if the licensee is a person other than
an individual, that any of its officers, directors, partners, or its
manager, has committed any act in the course of the licensee's
business constituting dishonesty or fraud.
"Dishonesty or fraud" as used in this section, includes, in
addition to other acts not specifically enumerated herein:
(a) Knowingly making a false statement relating to evidence or
information obtained in the course of employment, or knowingly
publishing a slander or a libel in the course of business.
(b) Using illegal means in the collection or attempted collection
of a debt or obligation.
(c) Manufacture of evidence.
(d) Acceptance of employment adverse to a client or former client
relating to a matter with respect to which the licensee has obtained
confidential information by reason of or in the course of his or her
employment by the client or former client.

7562. The record of conviction, or a certified copy thereof, shall
be conclusive evidence of the conviction as that term is used in this
article, Section 7538, or Section 480.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this article, Section 7538, or Section 480. The director may order
the license suspended or revoked, or may decline to issue a license,
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 the provisions of Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment.

7563. The director, in lieu of suspending or revoking a license
issued under this chapter for violations of Sections 7561.1, 7561.3,
and 7561.4, may impose a civil penalty not to exceed five hundred
dollars ($500) upon a licensee, if the director determines that this
action better serves the purposes of this chapter.

7564. If, upon investigation, the director determines a licensee,
including a corporation, or registrant is in violation of Section
7566, the director may issue a citation to the licensee or
registrant. The citation shall be in writing and shall describe with
particularity the nature of the violation, including specific
reference to the provision of law determined to have been violated.
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 an assessment of an administrative fine.
The amount of the fine shall in no event exceed one thousand dollars
($1,000) or as otherwise provided in this chapter, whichever is less.
A citation or fine assessment shall inform the licensee or
registrant that if he or she contests the finding of a violation,
they may request a hearing in accordance with the provisions of
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code if he or she wishes to contest the
findings of a violation and if a hearing is not requested, payment of
any fines shall not constitute an admission of the violation
charged.
If the licensee or registrant neither requests a hearing, nor pays
the assessed fine within 30 days of the assessment, the license or
registration of the person shall not be renewed pursuant to the
provisions of this chapter until the assessed fine is paid.
Administrative fines collected pursuant to this article shall be
deposited in the Private Investigator Fund.

7564.1. (a) Notwithstanding Sections 7561.1 and 7561.4 or any other
provision of law, the director may revoke, suspend, or deny at any
time a license under this chapter on any of the grounds for
disciplinary action provided in this chapter. The proceedings under
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the director shall have all the powers
granted therein.
(b) The director may deny a license to an applicant on any of the
grounds specified in Section 480.
(c) In addition to the requirements provided in Sections 485 and
486, upon denial of an application for a license, the director shall
provide a statement of reasons for the denial that does the
following:
(1) Evaluates evidence of rehabilitation submitted by the
applicant, if any.
(2) Provides the director's criteria relating to rehabilitation,
formulated pursuant to Section 482, that takes into account the age
and severity of the offense, and the evidence relating to
participation in treatment or other rehabilitation programs.
(3) If the director's decision was based on the applicant's prior
criminal conviction, justifies the director's denial of a license and
conveys the reasons why the prior criminal conviction is
substantially related to the qualifications, functions, or duties of
a licensed private investigator.
(d) Commencing July 1, 2009, all of the following shall apply:
(1) If the denial of a license is due at least in part to the
applicant's state or federal criminal history record, the director
shall, in addition to the information provided pursuant to paragraph
(3) of subdivision (c), provide to the applicant a copy of his or her
criminal history record if the applicant makes a written request to
the director for a copy, specifying an address to which it is to be
sent.
(A) The state or federal criminal history record shall not be
modified or altered from its form or content as provided by the
Department of Justice.
(B) The criminal history record shall be provided in such a manner
as to protect the confidentiality and privacy of the applicant's
criminal history record and the criminal history record shall not be
made available by the director to any employer.
(C) The director shall retain a copy of the applicant's written
request and a copy of the response sent to the applicant, which shall
include the date and the address to which the response was sent.
(2) The director shall make that information available upon
request by the Department of Justice or the Federal Bureau of
Investigation.
(e) Notwithstanding Section 487, the director shall conduct a
hearing of a license denial within 90 days of receiving an applicant'
s request for a hearing. For all other hearing requests, the director
shall determine when the hearing shall be conducted.

7565. Any person who knowingly falsifies the fingerprints or
photographs submitted pursuant to any provision of this chapter is
guilty of a felony. Any person who violates any of the other
provisions of this chapter is guilty of a misdemeanor punishable by a
fine not to exceed one thousand dollars ($1,000) or by imprisonment
in the county jail not to exceed one year, or by both such fine and
imprisonment.

7566. The director may assess administrative fines against any
licensee, registrant, or firearms qualification cardholder for
failure to notify the bureau within 30 days of any change of
residence or business address. The principal place of business may be
at a home or at a business address, but it shall be the place at
which the licensee maintains a permanent office.
(a) The fine shall be twenty-five dollars ($25) for each violation
by a licensee.
(b) The fine shall be fifteen dollars ($15) for each violation by
a registrant or a firearms qualification cardholder.

7567. The bureau may require a licensee who violates any provision
of this chapter to do either of the following:
(a) Satisfactorily complete relevant coursework as determined by
the bureau.
(b) Retake the licensing examination.