State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 7581-7581.5

BUSINESS AND PROFESSIONS CODE
SECTION 7581-7581.5



7581.  The director may adopt and enforce reasonable rules, as
follows:
   (a) Classifying licensees according to the type of business
regulated by this chapter in which they are engaged, including, but
not limited to, persons employed by any lawful business as security
guards or patrolpersons, and armored contract carriers and limiting
the field and scope of the operations of a licensee to those in which
he or she is classified and qualified to engage.
   (b) Fixing the qualifications of licensees and managers, in
addition to those prescribed in this chapter, necessary to promote
and protect the public welfare.
   (c) Carrying out generally the provisions of this chapter,
including regulation of the conduct of licensees.
   (d) Establishing the qualifications that any person employed by a
private patrol operator or any lawful business as a security guard or
patrolperson, or employed by an armored contract carrier, must meet
as a condition of becoming eligible to carry firearms pursuant to
subdivision (d) of Section 12031 of the Penal Code.
   (e) Requiring each uniformed employee of a private patrol operator
and each armored vehicle guard, as defined in this chapter, and any
other person employed and compensated by a private patrol operator or
any lawful business as a security guard or patrolperson and who in
the course of this employment carries a deadly weapon to be
registered with the bureau upon application on a form prescribed by
the director accompanied by the registration fee and by two
classifiable sets of fingerprints of the applicant or its equivalent
as determined by the director and approved by the Department of
Justice, establishing the term of the registration for a period of
not less than two nor more than four years, and providing for the
renewal thereof upon proper application and payment of the renewal
fee. The director may, after opportunity for a hearing, refuse this
registration to any person who lacks good moral character, and may
impose reasonable additional requirements as are necessary to meet
local needs that are not inconsistent with the provisions of this
chapter.
   (f) Establishing procedures whereby the local authorities of any
city, county, or city and county may file charges with, or any person
in this state, may file a complaint with the director alleging that
any licensed private patrol operator, registered security guard, or
patrolperson, or anyone who is an applicant for registration or
licensure with the bureau, fails to meet standards for registration
or licensure, or violates any provision of this chapter, and
providing further for the investigation of the charges and a response
to the charging or complaining party in the manner described in
subdivision (b) of Section 129.
   (g) Requiring private patrol operators and any lawful business to
maintain detailed records identifying all firearms in their
possession or under their control, and the employees or persons
authorized to carry or have access to those firearms.



7581.  The director may adopt and enforce reasonable rules, as
follows:
   (a) Classifying licensees according to the type of business
regulated by this chapter in which they are engaged, including, but
not limited to, persons employed by any lawful business as security
guards or patrolpersons, and armored contract carriers and limiting
the field and scope of the operations of a licensee to those in which
he or she is classified and qualified to engage.
   (b) Fixing the qualifications of licensees and managers, in
addition to those prescribed in this chapter, necessary to promote
and protect the public welfare.
   (c) Carrying out generally the provisions of this chapter,
including regulation of the conduct of licensees.
   (d) Establishing the qualifications that any person employed by a
private patrol operator or any lawful business as a security guard or
patrolperson, or employed by an armored contract carrier, must meet
as a condition of becoming eligible to carry firearms pursuant to
Section 26030 of the Penal Code.
   (e) Requiring each uniformed employee of a private patrol operator
and each armored vehicle guard, as defined in this chapter, and any
other person employed and compensated by a private patrol operator or
any lawful business as a security guard or patrolperson and who in
the course of this employment carries a deadly weapon to be
registered with the bureau upon application on a form prescribed by
the director accompanied by the registration fee and by two
classifiable sets of fingerprints of the applicant or its equivalent
as determined by the director and approved by the Department of
Justice, establishing the term of the registration for a period of
not less than two nor more than four years, and providing for the
renewal thereof upon proper application and payment of the renewal
fee. The director may, after opportunity for a hearing, refuse this
registration to any person who lacks good moral character, and may
impose reasonable additional requirements as are necessary to meet
local needs that are not inconsistent with the provisions of this
chapter.
   (f) Establishing procedures whereby the local authorities of any
city, county, or city and county may file charges with, or any person
in this state, may file a complaint with the director alleging that
any licensed private patrol operator, registered security guard, or
patrolperson, or anyone who is an applicant for registration or
licensure with the bureau, fails to meet standards for registration
or licensure, or violates any provision of this chapter, and
providing further for the investigation of the charges and a response
to the charging or complaining party in the manner described in
subdivision (b) of Section 129.
   (g) Requiring private patrol operators and any lawful business to
maintain detailed records identifying all firearms in their
possession or under their control, and the employees or persons
authorized to carry or have access to those firearms.



7581.1.  The Governor shall appoint two private security
disciplinary review committees, and may remove any member of a
disciplinary review committee for misconduct, incompetency, or
neglect of duty. One committee shall meet in the southern portion of
the state and the other committee shall meet in the northern portion
of the state.
   Each disciplinary review committee shall consist of five members.
Of the five members, one member shall be actively engaged in the
business of a licensed private patrol operator, one member shall be
actively engaged in the business of a firearm training facility, one
member shall be actively engaged in the business of a registered
security guard, and two members shall be public members. None of the
public members shall be licensees or registrants or engaged in any
business or profession in which any part of the fees, compensation,
or revenue thereof, is derived from any licensee.
   Each 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.



7581.2.  Each disciplinary review committee shall perform the
following functions as they pertain to private patrol operators,
security guards, firearm qualification cardholders, firearm training
facilities, firearm training instructors, baton training facilities,
and baton training instructors, as licensed, certified, or registered
by the bureau under this chapter, and proprietary security officers,
as registered by the bureau under Chapter 11.4 (commencing with
Section 7574):
   (a) Affirm, rescind, or modify all appealed decisions which
concern administrative fines assessed by the director.
   (b) Affirm, rescind, or modify all appealed decisions which
concern denials, revocations, or suspensions of a license,
certificate, or registration except denials, revocations, 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.


7581.3.  A private patrol operator, qualified manager of a private
patrol operator, security guard, firearm qualification cardholder,
firearm training facility, firearm training instructor, baton
training facility, or baton training instructor may request a review
by a disciplinary review committee to contest the assessment of an
administrative fine or to appeal a denial, revocation, or suspension
of a license, certificate, or 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 bureau
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 bureau 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.



7581.4.  Except in cases where licensees are required to comply with
the provisions of Section 7581.3, 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 licensee's manager,
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.



7581.5.  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 under this chapter, without charge.
The director may charge and collect a fee equivalent to the cost of
producing these documents for each additional copy which may be
furnished upon request to any licensee or any applicant for licensure
and for each copy furnished on request to any other person.