SECTIONS 7574.30-7574.34 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7574.30-7574.34

7574.30. (a) Pursuant to Section 125.9, the director may issue a
citation, which may include an order of abatement or an order to pay
an administrative fine, for a violation of this chapter or any
regulations adopted pursuant to this chapter.
(b) Pursuant to Section 148, the director may issue an
administrative citation, which may include an order of abatement or
an order to pay an administrative fine, to an unregistered person who
is acting as a proprietary private security officer without a valid
registration or to a person who is acting as a proprietary private
security employer without a valid registration.
(c) The department shall establish by regulation a schedule of
fines for violations of this chapter, or any regulations adopted
pursuant to this chapter.

7574.31. The director may suspend or revoke a proprietary private
security officer registration issued pursuant to Section 7574.11 if
the registrant has committed any act or crime constituting grounds
for suspension or revocation under Section 490.

7574.32. (a) Notwithstanding any other provision of law, a
violation of Section 7574.10 is an infraction subject to the
procedures described in Sections 19.6 and 19.7 of the Penal Code when
either of the following applies:
(1) A complaint or a written notice to appear in court pursuant to
Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
(2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
(b) Subdivision (a) does not apply to a violation of Section
7574.10 if the defendant has had his or her registration previously
revoked or suspended.
(c) Notwithstanding any other provision of law, a violation of
Section 7574.10, which is an infraction, is punishable by a fine of
not less than two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000). No portion of the minimum fine may be
suspended by the court unless as a condition of that suspension the
defendant is required to submit proof of a current valid registration
pursuant to this chapter.

7574.33. (a) A person registered with the department under this
chapter may request a review by a private security disciplinary
review committee, as established in Section 7581.1, to contest the
assessment of an administrative fine or to appeal a denial,
revocation, or suspension of a registration unless the denial,
revocation, or suspension is ordered by the director in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
A request for a review shall be by written notice to the
department within 30 days of the issuance of the citation and
assessment, denial, revocation, or suspension.
Following a review by a disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
If the appellant disagrees with the decision made by a
disciplinary review committee, he or she may request a hearing in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. A request for a
hearing following a decision by a disciplinary review committee shall
be by written notice to the department within 30 days following
notice of the committee's decision.
If the appellant does not request a hearing within 30 days, the
review committee's decision shall become final.
(b) Notwithstanding subdivision (a), where a hearing is held under
this chapter to determine whether an application for registration
should be granted, the proceedings 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
of the powers granted therein.

7574.34. This article shall become operative on January 1, 2011.