CHAPTER 11.3. Private Investigators [7512. - 7573.5.]
Chapter 11.3 added by Stats. 1994, Ch. 1285, Sec. 4.
§§ 7512–7573.5 · 99 sections
ARTICLE 1. General §§ 7512–7514 · 17 sections
- § 7512 This chapter may be cited as the Private Investigator Act.
- § 7512.1 As used in this chapter, “director” means the Director of Consumer Affairs, unless the context indicates otherwise.
- § 7512.2 The director shall administer and enforce the provisions of this chapter.
- § 7512.3 (a) As used in this chapter, “person” includes any individual, firm, company, limited liability company, association, organization, partnership, and…
- § 7512.4 As used in this chapter, “bureau” means the Bureau of Security and Investigative Services.
- § 7512.5 As used in this chapter, “chief” means the Chief of the Bureau of Security and Investigative Services.
- § 7512.6 As used in this chapter, “licensee” means a person licensed under this chapter.
- § 7512.7 (a) As used in this chapter: (1) “Qualified manager” means the individual under whose direction, control, charge, or management the business of a licensee is…
- § 7512.10 As used in this chapter, “employer” means a person who employs an individual for wages or salary, lists the individual on the employer’s payroll records, and…
- § 7512.11 As used in this chapter, “employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s…
- § 7512.12 As used in this chapter, “employer-employee” relationship means a relationship in which an individual works for another, the individual’s name appears on the…
- § 7512.13 As used in this chapter, “firearm permit” includes “firearms permit,” “firearms qualification card,” “firearms qualification,” and “firearms qualification…
- § 7512.14 (a) As used in this chapter, “member” means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations…
- § 7512.15 (a) As used in this chapter, “manager” means an individual designated under an operating agreement of a manager-managed limited liability company who is…
- § 7513 Every power and duty granted to or imposed upon the director may be exercised by any other officer or employee of the Department of Consumer Affairs authorized…
- § 7513.5 The director may, in accordance with the State Civil Service Act and subject to the provisions of Section 159.5, appoint and fix the compensation of…
- § 7514 Nothing in this chapter shall be construed as entitling any person to practice law in this state unless he or she is an active member of the State Bar of…
ARTICLE 2. Administration §§ 7515–7519.4 · 7 sections
- § 7515 The director may adopt and enforce reasonable rules, as follows: (a) Fixing the qualifications of licensees and qualified managers, in addition to those…
- § 7518 Where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a…
- § 7519 The director shall furnish, at least once every two years, one copy of the current licensing law, rules, and regulations to every licensed business governed…
- § 7519.1 (a) The Governor shall appoint a Private Investigator Disciplinary Review Committee, and may remove any member of the committee for misconduct, incompetency,…
- § 7519.2 (a) The Private Investigator Disciplinary Review Committee shall perform the following functions: (1) Affirm, rescind, or modify all decisions concerning…
- § 7519.3 (a) (1) A person licensed with the department under this chapter may appeal the assessment of an administrative fine to the Private Investigator Disciplinary…
- § 7519.4 (a) The Private Investigator Disciplinary Review Committee shall be provided all evidence used by the bureau in reaching its decision prior to hearing an…
ARTICLE 3. Regulation, Licensing, and Registration §§ 7520–7539 · 35 sections
- § 7520 No person shall engage in a business regulated by this chapter; act or assume to act as, or represent himself or herself to be, a licensee unless he or she is…
- § 7520.3 (a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in…
- § 7520.5 The director may authorize a licensed private investigator from another state to continue in this state for 60 days an investigation that originated in the…
- § 7521 A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with…
- § 7521.5 (a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private…
- § 7522 This chapter does not apply to: (a) A person employed exclusively and regularly by any employer who does not provide contract security services for other…
- § 7523 (a) Unless specifically exempted by Section 7522, no person shall engage in the business of private investigator, as defined in Section 7521, unless that…
- § 7523.5 (a) The superior court in and for the county wherein any person has engaged or is about to engage in any act which constitutes a violation of Section 7523 may,…
- § 7524 (a) Every agreement to provide a service regulated by this chapter, including, but not limited to, contract agreements and investigative agreements, shall be…
- § 7525 An application for a license under this chapter shall be on a form prescribed by the director and accompanied by the application fee provided by this chapter.
- § 7525.1 An application shall be verified and shall include: (a) The full name and business address of the applicant. (b) The name under which the applicant intends to…
- § 7525.2 (a) An applicant for a qualified manager license shall satisfy all of the following requirements: (1) Be at least 18 years of age. (2) Demonstrate they meet…
- § 7525.3 (a) The bureau shall require each applicant for a private investigator license and qualified manager, as defined in Sections 7512.6, 7512.7, and 7521, to…
- § 7526 Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following: (a) Be at least 18…
- § 7526.1 (a) Notwithstanding any other provision of law, the director may, in his or her sole discretion, grant a probationary license to an applicant subject to terms…
- § 7527 The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a…
- § 7527.1 (a) When creating or updating the licensing examination required pursuant to Section 7527, the bureau shall consider all of the following: (1) Including in the…
- § 7527.5 Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If…
- § 7528 The chief shall issue a license, the form and content of which shall be determined by the chief in accordance with Section 164. In addition, the chief shall…
- § 7528.5 The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.
- § 7529 (a) (1) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design,…
- § 7530 (a) Except as provided in this section, a license issued under this chapter is not assignable. (b) A licensee may apply to the chief for consent, and upon…
- § 7531 A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her…
- § 7531.5 Each licensee shall maintain a record containing information relative to his or her employees as may be prescribed by the director.
- § 7532 (a) No licensee shall conduct a business under a fictitious or other business name unless and until the licensee has obtained the written authorization of the…
- § 7533 Each licensee shall file with the bureau the complete address of his or her principal place of business including the name and number of the street, or, if the…
- § 7533.2 (a) At the time of an initial application for licensure or reassignment, an applicant for an initial license or a licensee applying for reassignment of the…
- § 7533.5 (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers required to be named pursuant to subdivision (h) of Section…
- § 7534 Every advertisement by a licensee soliciting or advertising business shall contain his or her business name, business address or telephone number, and license…
- § 7535 (a) A licensee shall not advertise or conduct business from any location other than that shown on the records of the bureau as their principal place of…
- § 7536 (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if they are…
- § 7537 (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the…
- § 7538 (a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and…
- § 7538.5 (a) The director may refuse to issue any license provided for in this chapter to any of the following: (1) An individual who has had any license revoked, has a…
- § 7539 (a) Any licensee or officer, director, partner, member, manager, or qualified manager of a licensee may divulge to any law enforcement officer or district…
ARTICLE 4. Application of Chapter §§ 7540–7542.12 · 16 sections
- § 7540 For purposes of this article, “licensee” means a licensed private investigator.
- § 7541 (a) Except as otherwise provided by this section, an applicant, or his or her manager, for a license as a private investigator shall have had at least three…
- § 7541.1 (a) Notwithstanding any other law, experience for purposes of taking the examination for licensure as a private investigator shall be limited to those…
- § 7541.2 The bureau shall consider requiring, and may require, an applicant for licensure to submit proof of satisfactory completion of a course in professional ethics.…
- § 7542 (a) (1) A licensee or qualified manager of a licensee who, in the course of that person’s employment or business, carries a deadly weapon shall complete a…
- § 7542.1 Every licensee and any person employed and compensated by a licensee who in the course of that employment or business carries tear gas or any other nonlethal…
- § 7542.2 The bureau shall issue a firearms permit when all of the following conditions are satisfied: (a) (1) The applicant is a licensee or a qualified manager of a…
- § 7542.3 (a) The bureau shall not issue a firearm permit if the applicant is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or…
- § 7542.4 (a) The bureau shall not renew a firearm permit if the applicant is prohibited from possessing, receiving, purchasing, or owning a firearm pursuant to state or…
- § 7542.5 (a) The Department of Justice may charge the bureau a fee sufficient to reimburse the department’s costs for furnishing firearm eligibility information upon…
- § 7542.6 (a) A firearm permit may be automatically revoked if, at any time, the Department of Justice notifies the bureau that the holder of the firearm permit is…
- § 7542.7 If an applicant fails to complete his or her application within one year after it has been filed, the application shall be considered to be abandoned. An…
- § 7542.9 The firearms qualification card, if issued, shall be mailed to the applicant at the address which appears on the application. In the event of the loss or…
- § 7542.10 In order to carry a firearm capable of being concealed upon the person, the holder of a firearms qualification card shall comply with Section 7542. A firearms…
- § 7542.11 (a) A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall…
- § 7542.12 The director may assess fines as enumerated in Article 6 (commencing with Section 7561). Assessment of administrative fines shall be independent of any other…
ARTICLE 5. Expiration and Renewal of License §§ 7558–7560 · 6 sections
- § 7558 (a) A private investigator license, branch office certificate, qualified manager license, and pocket card issued under this chapter expires at midnight on the…
- § 7558.1 (a) To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form…
- § 7558.5 Except as otherwise provided in this article, an expired license or branch office certificate may be renewed at any time within three years after its…
- § 7559 (a) A suspended license, branch office certificate, or qualified manager certificate is subject to expiration and shall be renewed as provided in this article,…
- § 7559.5 (a) A revoked license, branch office certificate, or qualified manager certificate is subject to expiration as provided in this article, but it may not be…
- § 7560 A license or branch office certificate which is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued…
ARTICLE 6. Disciplinary Proceedings §§ 7561–7567 · 12 sections
- § 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…
- § 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 qualified manager, if an…
- § 7561.2 Notwithstanding any other law, the failure of any person licensed to do business as a corporation or limited liability company in this state to be registered…
- § 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 qualified manager, if an…
- § 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 qualified manager, if an…
- § 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…
- § 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…
- § 7564 If, upon investigation, the director determines a licensee, including a corporation, or registrant is in violation of Section 7542.12 or 7566, the director may…
- § 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…
- § 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…
- § 7566 The director may assess administrative fines of fifty dollars ($50) against any licensee, qualified manager, or firearms qualification cardholder for each…
- § 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…
ARTICLE 7. Revenue §§ 7570–7573 · 5 sections
- § 7570 The fees prescribed by this chapter are as follows: (a) The application and examination fee for an original license shall be at least three hundred forty…
- § 7570.1 The fee for processing fingerprints for all registrations and licenses is that amount charged the bureau by the Department of Justice.
- § 7571 (a) The bureau shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and shall pay the entire amount…
- § 7572 All money derived from the licensing and regulation of private investigators shall be expended exclusively on the licensing and regulation of private…
- § 7573 Application or license fees shall not be refunded except in accordance with Section 158.
ARTICLE 8. Review § 7573.5 · 1 section
- § 7573.5 Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy…