SECTIONS 7591-7591.20 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7591-7591.20

7591. There is in the Department of Consumer Affairs a Bureau of
Security and Investigative Services. The bureau is under the
supervision and control of the director. The director shall
administer and enforce the provisions of this chapter.

7591.1. The Governor shall appoint a chief of the bureau at a
salary to be fixed in accordance with Section 12080.3 of the
Government Code. The chief shall serve under the direction and
supervision of the director.

7591.2. Every power and duty granted to or imposed upon the
director under this chapter may be delegated to the chief, except
that the director may not delegate authority to adopt or otherwise
act upon any proposed decision of a hearing officer after a hearing
under the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. The chief may
delegate any power or duty granted to or imposed upon him or her
under this chapter to the deputy chief, to the assistant chief, or to
any inspection, investigation, or auditing personnel of the bureau.

7591.3. The director, in accordance with the State Civil Service
Act, and Section 159.5, may appoint and fix the compensation of such
clerical, inspection, investigation, and auditing personnel, as well
as an assistant chief, as may be necessary to carry out the
provisions of this chapter. Except as otherwise provided in Section
159.5, all personnel shall perform their respective duties under the
supervision and direction of the chief.

7591.4. The chief shall gather evidence of violations of this
chapter and of any rule or regulation established under this chapter
by unlicensed persons who engage in a business for which a license is
required under this chapter and shall furnish the same to
prosecuting officers of any county or city or city and county for the
purpose of prosecuting those violations.

7591.5. It shall be the duty of the chief to initiate and conduct
investigations into the business operations of alarm company
operators on his or her own motion, if the alarm company operator is
not operating in accordance with the provisions of this chapter, or
there has been a written complaint to the bureau about the actions
and conduct of the alarm company operator or his or her employees or
agents.

7591.6. The director, taking into consideration the recommendations
of the advisory board, may establish and enforce such rules and
regulations as may be reasonable and necessary for the examination
and licensing of applicants, for the conduct of licensees, and for
the general enforcement of the various provisions of this chapter in
the protection of the public.

7591.7. The chief or his or her designee may inspect, examine, or
investigate the relevant records, books, accounts, and files created
and maintained by the alarm company operator. The chief shall have
access to those relevant business records, not including client
information relating to the operational integrity of the alarm
system, necessary to the examination for the purpose of performing a
random audit to determine compliance with the provisions of this
chapter.

7591.8. The director may automatically suspend a license,
registration, or firearm qualification card if it is determined that
the continued possession of such a license, registration, or card by
the licensee, registrant, or card holder presents an undue hazard to
public safety which may result in substantial injury to another.
A licensee, registrant, or firearm qualification card holder may
request a review by the Alarm Company Operator Disciplinary Review
Committee as set forth in Section 7591.19 to appeal the suspension.

7591.9. If, upon investigation, the chief determines that an alarm
company operator, a qualified manager, or an alarm agent is in
violation of Sections 7597.1, 7597.2, 7597.3, 7597.5, 7597.6,
7598.51, 7598.53, 7599.32, 7599.33, 7599.34, 7599.36, 7599.37,
7599.38, 7599.39, 7599.40, 7599.41, 7599.42, 7599.43, 7599.44,
7599.45, 7599.46, 7599.47, 7599.48, 7599.49, 7599.50, 7599.51,
7599.52, 7599.53, 7599.54, 7599.55, 7599.58, and 7599.59, the
director may issue a citation to, and fine, the alarm company
operator, qualified manager, or alarm agent. The citation and fine
assessment 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. The citation shall
contain an order of abatement fixing a reasonable time for abatement
of the violation and may contain assessment of an administrative
fine. The amount of the fine for any single investigation or audit of
an alarm company operator, a qualified manager, or an alarm agent
shall not exceed two thousand five hundred dollars ($2,500).
A citation and fine assessment shall inform the alarm company
operator, qualified manager, or alarm agent that if he or she desires
a review by the Alarm Company Operator Disciplinary Review
Committee, the review shall be requested by written notice to the
chief within 30 days of the issuance of the citation and assessment,
as appropriate. If a review is not requested pursuant to this
section, payment of any fine shall not constitute an admission of the
violation charged. A review shall be held pursuant to the provisions
of Section 7591.19.
If the alarm company operator, qualified manager, or alarm agent
fails to request a review or fails to pay the assessed fine within 30
days of the assessment, the license, certificate, or registration
shall not be renewed pursuant to the provisions of this chapter until
the assessed fine is paid.
Administrative fines collected pursuant to this section shall be
deposited in the Private Investigator Fund.

7591.10. (a) The director may deny a license, certificate, or
registration regulated by this chapter on the grounds that the
applicant has done any of the following:
(1) Knowingly made a false statement of fact required to be
revealed in the application for a license.
(2) Been convicted of a crime. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action which the bureau is
permitted to take following the establishment of a conviction may be
taken 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.
(3) Done any act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself, herself, or another, or to
substantially injure another.
(4) Done any act which if done by a licensee would be grounds for
suspension or revocation of a license.
(5) Done any act without a license for which a license is required
under this chapter.
(6) Been refused a license under this chapter or had a license
revoked.
(7) Been an officer, partner, or manager of any person who has
been refused a license under this chapter or whose license has been
suspended or revoked.
The bureau may deny a license, certificate, or registration
pursuant to this section only if the crime or act is substantially
related to the qualifications, functions, or duties of the license,
certificate, or registration for which application has been made.
The denial of a license, certificate, or registration shall be in
writing and shall describe the basis for the denial. The denial shall
inform the applicant that if he or she desires a review by the
disciplinary review committee the review shall be requested within 30
days of the issuance of the denial. A review shall be held pursuant
to the provisions of Section 7591.19.
(b) Notwithstanding any other provision of this chapter, no person
shall be denied a license, certificate, or registration solely on
the basis that he or she has been convicted of a felony, if he or she
has obtained a certificate of rehabilitation pursuant to Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 of the Penal
Code, or solely on the basis that he or she has been convicted of a
misdemeanor, if he or she has met all applicable requirements of the
criteria of rehabilitation as provided in Section 7591.12.

7591.11. The bureau shall deny a firearms permit, pursuant to
Section 12021 of the Penal Code, to any licensee, qualified manager,
or alarm agent who has been convicted of a felony, unless the felony
conviction has been reduced pursuant to Section 17 of the Penal Code
or the person has been pardoned by the Governor. The licensee,
qualified manager, or alarm agent shall not have a right to a review
or a hearing if the denial is made pursuant to this section.

7591.11. The bureau shall deny a firearms permit, pursuant to
Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of
Part 6 of the Penal Code, to any licensee, qualified manager, or
alarm agent who has been convicted of a felony, unless the felony
conviction has been reduced pursuant to Section 17 of the Penal Code
or the person has been pardoned by the Governor. The licensee,
qualified manager, or alarm agent shall not have a right to a review
or a hearing if the denial is made pursuant to this section.

7591.12. (a) When considering the denial, suspension, or revocation
of a license, certificate, or registration, for which application
has been made under this chapter, the chief, in evaluating the
rehabilitation of the applicant and his or her present eligibility
for a license, certificate, or registration shall consider all the
following criteria:
(1) The nature and severity of the act or crime under
consideration as grounds for denial.
(2) Total criminal record.
(3) Evidence of any act committed subsequent to the act or crime
under consideration as grounds for a denial, suspension, or
revocation which also could be considered as grounds for denial under
Section 7591.10.
(4) The time that has elapsed since commission of the act or crime
referred to in paragraph (1) or (2).
(5) The extent to which the applicant has complied with any terms
of parole, probation, restitution, or any other sanctions lawfully
imposed against the applicant.
(6) Evidence, if any, of rehabilitation submitted by the
applicant.
(b) When considering a petition for reinstatement of a license,
certificate, or registration, the chief shall evaluate evidence of
rehabilitation, considering those criteria of rehabilitation listed
in subdivision (a).

7591.17. The Governor shall appoint an Alarm Company Operator
Disciplinary Review Committee.
The disciplinary review committee shall consist of three members
who are actively engaged in business as licensed alarm company
operators and two public members. The committee shall meet every 60
days, or more or less frequently as may be required. The members
shall be paid per diem pursuant to Section 103 and shall be
reimbursed for actual travel expenses. The members shall serve at the
pleasure of the Governor.

7591.18. The Alarm Company Operator Disciplinary Review Committee
shall perform the following functions:
(a) Affirm, rescind, or modify all appealed decisions concerning
administrative fines assessed by the bureau against alarm company
operators or their employees.
(b) Affirm, rescind, or modify all appealed decisions concerning
denial, revocation, or suspension of licenses, and certificates,
registrations, or permits issued by the bureau, except denials or
suspensions ordered by the director in accordance with Chapter 5
(commencing with Section 11500) of Division 3 of Title 2 of the
Government Code.

7591.19. (a) (1) An alarm company operator, qualified manager, or
alarm agent may request a review by the Alarm Company Operator
Disciplinary Review Committee to contest the assessment of an
administrative fine or to appeal a denial, revocation, or suspension
unless the denial 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 or in accordance with
Section 7591.8 of this code.
(2) A request for a review shall be by written notice to the
bureau within 30 days of the issuance of the citation and assessment,
denial, or suspension.
(3) Following a review by the disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
(4) If the appellant disagrees with the decision made by the Alarm
Company Operator Disciplinary Review Committee, he or she may
request a hearing as outlined in subdivision (b). A request for a
hearing following a decision by the disciplinary review committee
shall be by written notice to the bureau within 30 days of the
committee's decision.
(5) If the appellant does not request a hearing within 30 days,
the review committee's decision shall become final.
(b) (1) An alarm company operator, qualified manager, or alarm
agent 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 if he or she contests an assessment of an
administrative fine, or to appeal a denial, suspension, or
revocation. A hearing may also be requested if the appellant
disagrees with the decision made by the Alarm Company Operator
Disciplinary Review Committee.
(2) A request for a hearing shall be by written notice to the
bureau within 30 days of the issuance of the decision by the review
committee. A hearing pursuant to this subdivision shall be available
only after a review by the disciplinary review committee.

7591.20. The disciplinary review committee shall be provided all
evidence used by the bureau in reaching its decision prior to hearing
an appeal.