Article 6 - Registration of Employees

California Business and Professions Code — §§ 6980.42-6980.50

Sections (10)

Amended by Stats. 1999, Ch. 318, Sec. 2. Effective January 1, 2000.

(a)Within seven days after commencing employment, any employee of a locksmith who is not currently registered with the bureau and who is performing the services of a locksmith shall submit to the bureau a completed application for registration, two classifiable fingerprint cards, one set of which shall be forwarded to the Federal Bureau of Investigation for purposes of a background check, and the appropriate registration fee. No application is required to be submitted if the employee terminated employment within seven days. “Within seven days” means 168 hours from the time an employee provides any service for which he or she shall be compensated by a licensee.

(b)Except as provided in subdivision (c), an employee of a licensee may be assigned to work with a temporary registration card issued by the licensee until the bureau issues a registration card or denies the application for registration. A temporary registration card shall in no event be valid for more than 120 days. However, the director may extend the expiration date beyond the 120 days if there is an abnormal delay in processing applications for locksmith employees. For purposes of this section, the 120-day period shall commence on the date the applicant signs the application.

(c)An employee who has been convicted of a crime prior to applying for a position as a locksmith employee performing the services of a locksmith shall not be issued a temporary registration card and shall not be assigned to work as a locksmith until the bureau issues a permanent registration card. This subdivision shall apply only if the applicant for registration has disclosed the conviction to the bureau on his or her application form, or if the fact of the conviction has come to the attention of the bureau through official court or other governmental documents.

(d)The bureau may impose a fee not to exceed three dollars ($3) for processing classifiable fingerprint cards submitted by applicants, excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.

§ 6980.43

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

The application for registration under this article shall be on a form prescribed by the director and shall be accompanied by the fee as prescribed in this chapter.

§ 6980.44

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

The application shall be verified and shall include the following:

(a)The full name, residence address, telephone number, and date of birth of the employee.

(b)The name, address, telephone number, and license number of the employer, and the date the employment commenced.

(c)A statement as to whether the employee has been arrested or convicted of a misdemeanor, excluding minor traffic violations.

(d)A statement as to whether the employee has been convicted of a felony.

§ 6980.45

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

The bureau, upon receipt of a criminal offense record or record of a subsequent arrest from the Department of Justice, shall make an immediate determination of fitness for registration of applicants for registration, when information contained in the records of the Department of Justice makes such a determination possible. Applications for registration of those determined to be unfit shall be immediately denied.

§ 6980.46

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

(a)If the chief determines that an applicant’s criminal history contains arrest information for which no disposition appears, the chief shall issue a notice to the applicant allowing the applicant 45 days to provide documentation concerning the disposition of the arrest or arrests.

(b)The notice shall be sent to the applicant and shall provide sufficient information to assist the applicant in complying with the chief’s request. If the applicant fails to respond within 45 days, the applicant’s employment shall be automatically suspended until the bureau obtains the necessary documentation to approve or deny the application.

§ 6980.47

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

If the director determines that continued employment of an applicant or registrant, in his or her current capacity, may present an undue hazard to public safety, the licensee, upon proper notification from the director, shall suspend the applicant or registrant from employment in that capacity.

§ 6980.48

Amended by Stats. 2008, Ch. 679, Sec. 11. Effective January 1, 2009.

(a)Upon determining that the applicant is qualified for registration pursuant to this chapter, the bureau shall issue a pocket registration card to the employee. The applicant may request to be issued an enhanced pocket card that shall be composed of durable material and may incorporate technologically advanced security features. The bureau may charge a fee sufficient to reimburse the department for costs for furnishing the enhanced pocket card. The fee charged may not exceed the actual cost for system development, maintenance, and processing necessary to provide the service, and may not exceed six dollars ($6). If the applicant does not request an enhanced card, the department shall issue a standard card at no cost to the applicant.

(b)The registrant shall carry a valid registration card issued by the bureau under this section, and either a valid driver’s license issued pursuant to Section 12811 of the Vehicle Code or a valid identification card issued pursuant to Section 13000 of the Vehicle Code, at all times the registrant is engaged in the work of a locksmith whether on or off the premises of the licensee’s place of business. Every person, while engaged in any activity for which licensure is required, shall display his or her valid pocket card, and driver’s license or identification card, as provided by regulation.

§ 6980.49

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

A licensee shall at all times be responsible for ascertaining that his or her employees subject to registration are currently registered or have made proper application for registration as provided in this article. The licensee shall not have in his or her employment a person performing the services of a locksmith whose registration has expired, or been revoked, denied, suspended, or canceled.

§ 6980.5

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

It shall be the duty of the chief to initiate and conduct investigations into the business operations of any locksmith, on his or her own motion, if the locksmith is not operating in accordance with the provisions of this chapter, or there has been a written complaint to the bureau about the actions and conduct of the locksmith or his or her employees.

§ 6980.50

Added by Stats. 1993, Ch. 1263, Sec. 5. Effective January 1, 1994.

(a)All registrations shall be placed on a cyclical renewal and shall expire two years following the date of issuance or assigned renewal date.

(b)At least 60 days prior to the expiration of a registration, a registrant who desires to renew his or her registration shall forward to the bureau a copy of his or her current registration card, along with the renewal fee as set forth in this chapter.

(c)The licensee shall provide to any employee information regarding procedures for renewal of registration.

(d)An expired registration may still be renewed within 30 days from the date of expiration provided the registrant pays a delinquency fee provided by this chapter. A registration not renewed within 30 days following its expiration may not be renewed thereafter. The holder of an expired registration may obtain a new registration only on compliance with all the provisions of this chapter relating to the issuance of an original registration. The holder of an expired registration shall not engage in any activity requiring registration under this chapter until the bureau issues a renewal or new registration.

(e)If the renewed registration card has not been delivered to the registrant, prior to the date of expiration of the prior registration, the registrant may present evidence of renewal to substantiate continued registration, for a period not to exceed 90 days after the date of expiration.

(f)A registration shall not be renewed until any and all fines, not pending appeal, assessed by the chief or the director have been paid.