AB 921: Private investigators: Disciplinary Review Committee: licensure.

The Private Investigator Act provides for the licensure and regulation of private investigators by the Bureau of Security and Investigative Services within the Department of Consumer Affairs and requires the Director of Consumer Affairs to administer and enforce the act. The act authorizes the director to deny, suspend, or revoke a license if the director determines, among other things, that any provision of the act was violated by the licensee. The act also authorizes the director to impose a civil penalty of no greater than $500 instead of suspending or revoking a license issued under the act for the violation of specified provisions if the director determines that the imposition of the civil penalty better serves the purposes of the act. The act requires an application for a license to be verified and include certain information, including, but not limited to, the full name and business address of the applicant.

This bill would require the Governor to appoint a Private Investigator Disciplinary Review Committee, and would authorize the Governor to remove any member of the committee for misconduct, incompetency, or neglect of duty. The bill would require the committee to consist of 3 members actively engaged in the business of a licensed private investigator and 2 public members and would require members to be appointed for a term of 4 years. The bill would require the committee to meet every 60 days or more or less frequently as may be required, and would require that the members be paid per diem and be reimbursed for actual travel expenses. The bill would require the committee to perform certain functions, including affirming, rescinding, or modifying decisions concerning administrative fines or the denial, suspension, or revocation of licenses that are appealed to the committee, as specified. The bill would authorize the committee to grant a probationary license with respect to appealed decisions, as specified. The bill would authorize a person licensed under the act to appeal the assessment of an administrative fine to the committee, and would authorize a person denied, suspended of, or revoked of a license to appeal to the committee, except as specified, if the appeal is in writing and made within 30 days of the assessment of the fine or denial, suspension, or revocation of the license. The bill would require the committee to notify the appellant in writing, by regular mail, of the committees decision within 30 days of that decision. The bill would also authorize the appellant to request a hearing, as specified, if, among other things, the appellant disagrees with the committees decision regarding the appeal. The bill would require that all evidence used by the bureau be provided to the committee prior to hearing an appeal. The bill would make the above provisions operative on July 1, 2017.

This bill would also authorize an applicant to, at his or her discretion, include a valid email address on the application.

Existing law requires an applicant, or his or her manager, for a license as a private investigator to have had at least 3 years experience in investigation work. Existing law requires an applicant to substantiate the claimed years of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, subject to independent verification by the Director of Consumer Affairs as he or she may determine. Under existing law, the business of each licensee is required to be operated under the active direction, control, charge, or management, in this state, of the licensee, if he or she is qualified, or the person who is qualified to act as the licensees manager, if the licensee is not qualified. Existing law prohibits a person from acting as a qualified manager of a licensee until he or she has complied with certain requirements.

This bill would additionally authorize that written certification to be from a qualified manager, as specified.

Existing law requires experience for purposes of taking the examination for licensure as a private investigator to be limited to those activities actually performed in connection with investigations, as defined, and only if those activities are performed by persons who are employed in certain specified capacities.

This bill would additionally authorize such activities to be performed by persons who are managed, as specified, in those capacities.