Article 7 - Disciplinary Proceedings

California Business and Professions Code — §§ 7587-7587.16

Sections (9)

Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.

Except as otherwise required to comply with the provisions of Section 7581.3 or Article 6 (commencing with Section 7586), the proceedings under this article 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 the powers granted therein.

§ 7587.1

Amended (as added by Stats. 2021, Ch. 697, Sec. 20) by Stats. 2022, Ch. 287, Sec. 39. (AB 2515) Effective January 1, 2023. Operative July 1, 2023, by its own provisions.

Notwithstanding Section 477, a firearm qualification card and a baton permit shall be considered a license subject to the terms of this section.

Notwithstanding the assessment or payment of fines for any violations of this chapter, the director may deny, suspend, or revoke a license issued under this chapter if they determine that the licensee or their manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:

(a)Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.

(b)Violated any provisions of

this chapter.

(c)Violated any rule of the director adopted pursuant to the authority contained in this chapter.

(d)Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.

(e)Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.

(f)Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.

(g)Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.

(h)Committed assault, battery, or kidnapping, or used force or violence on any person, without proper justification or any use of force in violation of the standards prescribed by the bureau by regulation.

(i)Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.

(j)Acted as a runner or capper for any attorney.

(k)Been convicted of a violation of Section 148 of the Penal Code.

(l)Committed any act which is a ground for denial of an application for a license under this chapter.

(m)Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.

(n)Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.

(o)Been convicted of a violation of Section 95.3 of the Penal Code.

(p)This section shall become operative on July 1, 2023.

§ 7587.10

Amended by Stats. 2016, Ch. 800, Sec. 41. (SB 1196) Effective January 1, 2017.

The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows:

(a)Violation of subdivisions (c) and (d) of Section 7583.37; one hundred dollars ($100) for the first violation and two hundred dollars ($200) for each violation thereafter.

(b)Violation of subdivision (a) of Section 7583.37; one hundred dollars ($100) for the first violation and five hundred dollars ($500) for each violation thereafter.

(c)Violation of subdivision (e) of Section 7583.37; one thousand dollars ($1,000).

(d)Violation of subdivision (b) of Section 7583.37; one thousand dollars ($1,000) and suspension of a firearm qualification card for six months for the first violation and, for a violation thereafter, one thousand dollars ($1,000) and a suspension of a firearm qualification card for not more than one year.

§ 7587.11

Amended by Stats. 2024, Ch. 484, Sec. 41. (SB 1454) Effective January 1, 2025.

(a)Notwithstanding any other law, the failure of any person licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau shall result in the automatic suspension of the licensee by operation of law. The bureau shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State or Franchise Tax Board, or both, and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the bureau that it is properly registered and in good standing with the Secretary of State or Franchise Tax Board, or both. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the

bureau that the license is properly registered and in good standing and the payment of the reinstatement fee as prescribed by this chapter.

(b)This section shall not apply to a participating tribe or a participating tribe’s business that is chartered under tribal or federal law.

§ 7587.12

Amended by Stats. 2016, Ch. 800, Sec. 42. (SB 1196) Effective January 1, 2017.

The director may assess fines for the following acts only as follows:

(a)Violations of paragraph (1), (2), (11), or (12) of subdivision (a) of Section 7585.19; two hundred fifty dollars ($250) for the first violation and five hundred dollars ($500) for subsequent violations.

(b)Violations of paragraph (3), (7), (8), or (10) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for each violation.

(c)Violations of paragraph (6) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for each hour shortened.

(d)Violations of paragraph (4) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for each violation.

(e)Violations of paragraph (5) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for every hour the course has been shortened.

(f)Violations of paragraph (9) of subdivision (a) of Section 7585.19; one thousand dollars ($1,000) for each violation.

§ 7587.13

Added by Stats. 1994, Ch. 1285, Sec. 6. Effective January 1, 1995.

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 violates any of the other provisions of this chapter is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment.

§ 7587.14

Amended by Stats. 2016, Ch. 800, Sec. 43. (SB 1196) Effective January 1, 2017.

The director may assess administrative fines of fifty dollars ($50) against any licensee, registrant, or firearms qualification cardholder for each violation for failure to notify the bureau within 30 days of any change of residence or business address. The principal place of business may be at a home or at a business address, but it shall be the place at which the licensee maintains a permanent office.

§ 7587.15

Amended by Stats. 2019, Ch. 377, Sec. 33. (SB 609) Effective January 1, 2020.

Notwithstanding any other provision of law, the director may assess a fine of up to five thousand dollars ($5,000) per violation against any licensee for a failure to comply with subdivision (d) of Section 7583.2.

§ 7587.16

Added by Stats. 2014, Ch. 423, Sec. 5. (AB 2220) Effective January 1, 2015.

(a)The director, through his or her designee, may assess an administrative fine pursuant to Section 28022 of the Penal Code.

(b)An assessment imposed pursuant to that section may be appealed pursuant to Section 7581.3.