BILL NUMBER: AB 921	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 26, 2015

   An act to add Section 7519.1 to the Business and Professions Code,
relating to private investigators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 921, as introduced, Jones. Private investigators: Disciplinary
Review Committee.
   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.
   This bill would require the Governor to appoint a Private
Investigator Disciplinary Review Committee, and authorizes 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, as specified,
and would require members to be appointed for a term of 4 years. The
bill would require the committee to meet 60 days or more or less
frequently as may be required, and would require that the members be
paid per diem, as specified, and be reimbursed for actual travel
expenses. 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 a license under the act to appeal
that denial 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 of the license. The committee is required to notify the
appellant in writing, by regular mail, of the committee's decision
within 30 days of that decision. The bill would also authorize the
appellant to request a hearing, as specified, if the appellant
disagrees with the committee's decision regarding the appeal.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7519.1 is added to the Business and Professions
Code, immediately following Section 7519, to read:
   7519.1.  (a) The Governor shall appoint a Private Investigator
Disciplinary Review Committee, and may remove any member of the
committee for misconduct, incompetency, or neglect of duty.
   (b) The committee shall consist of three members actively engaged
in the business of a licensed private investigator and two public
members. The public members shall not be licensees or registrants, or
engage in any business of profession in which any part of the fees,
compensation, or revenue thereof, is derived from any licensee.
   (c) 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 be appointed for a term of four years.
   (d) A person licensed with the department under this chapter may
appeal the assessment of an administrative fine to the committee. A
person denied a license under the chapter may appeal the denial of a
license to the committee, unless the denial of a license 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.
   (e) A request for an appeal to the committee shall be made in a
written notice to the department within 30 days of the assessment of
an administrative fine or denial of a license.
   (f) Following review by the committee of the appeal, the appellant
shall be notified in writing, by regular mail, within 30 days of the
committee's decision on the appeal.
   (g) If the appellant disagrees with the decision made by the
committee, the appellant 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 such a hearing shall be
made by written notice to the department within 30 days following
notice of the committee's decision.