2007 California Business and Professions Code Article 8. Powers To Arrest And Registration Of Employees 7598.1-7598.17

CA Codes (bpc:7598.1-7598.17)

7598.1.  Every person entering the employ of a licensee, performing
the function of an alarm agent who responds to alarm systems shall
complete a course in the exercise of the powers to arrest, prior to
being assigned to a duty location responding to an alarm system.
   Evidence of completion shall consist of certification by the
licensee or instructor that the exercise of the powers to arrest
course has been taught, the date the course was taught, and
certification by the employee that the instruction was received.
Evidence of completion of the powers to arrest shall be maintained in
the licensee's employee records and made available to the bureau
upon request.
   A qualified manager is not required to register under this
article.



7598.2.  The course of training in the exercise of the power to
arrest may be administered, tested, and certified by any licensee.
The department may approve any person or school to teach the course
in the exercise of the power to arrest.  The course of training shall
be approximately two hours in length and cover the following topics:

   (a) Responsibilities and ethics in citizen arrest.
   (b) Relationship with the public police in arrest.
   (c) Limitations on security guard power to arrest.
   (d) Restrictions on searches and seizures.
   (e) Criminal and civil liabilities.
   (1) Personal liability.
   (2) Employer liability.
   The department shall make available a guide book as a standard for
teaching the course in the exercise of the power to arrest.  The
department shall encourage additional training and may provide a
training guide  recommending additional courses.



7598.3.  No employee of a licensee performing the function of an
alarm agent who responds to alarm systems shall be issued a firearms
qualification card until proper certification by the instructor that
the exercise of the power to arrest course has been taught and the
employee's certification that the instruction was received has been
delivered to the department.



7598.4.  (a) Within three working days after commencing employment,
any employee performing the function of alarm agent, who is not
currently registered with the bureau, 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.  All information obtained on the application shall
be confidential pursuant to the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code) and shall not be released to the public
except for the registrant's full name, the employer's name and
address, and the registration number.  Nothing in this section shall
preclude the release of information to the public regarding the
status of a registrant, or the release of information to law
enforcement agencies or other governmental agencies for other
authorized purposes.
   (b) No application is required to be submitted if the employee
terminated employment within the three working days.  "Within three
working days" means 72 hours from the time an employee is first
compensated for alarm agent services by a licensee.
   (c) The bureau may impose a fee not to exceed three dollars ()
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.



7598.5.  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.



7598.6.  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 convicted of a
misdemeanor, excluding minor traffic violations.
   (d) A statement as to whether the employee has been convicted of a
felony.



7598.7.  (a) Except as provided in subdivision (b), an employee of a
licensee may be assigned to work with a temporary application for
registration until the bureau issues a registration card or denies
the application for registration.  A temporary application for
registration shall be a copy of the initial application.  Any alarm
agent employee assigned to work must carry either a temporary
application for registration or a valid registration.  A temporary
application for registration 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 registration.  For purposes of this section, the
120-day period shall commence on the date the applicant signs and
submits the application.
   (b) Notwithstanding subdivision (a), an employee who has been
convicted of a crime prior to applying for registration shall not be
issued a temporary application for registration and shall not be
assigned to work as an alarm agent 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.



7598.8.  No employee of a licensee shall carry or use a firearm
unless the employee has in his or her possession a valid alarm agent
registration card and a valid firearm qualification card issued
pursuant to this chapter.


7598.9.  The bureau, upon receipt of a criminal offense record or
record of a subsequent arrest from the California Department of
Justice, shall make an immediate determination of fitness for
registration of applicants for registration or firearms qualification
permit, 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.
   The bureau shall keep a current and accurate record of the
individuals who have applied for and been denied registration or
firearms qualification permits.  A listing consisting of individual
names and other pertinent identifying information may be made of
those individuals who have been denied. The listing may be updated
bimonthly and made available to interested licensees and law
enforcement agencies.



7598.11.  If the chief determines that an applicant's criminal
history contains arrest information for which there appears no
disposition, the chief shall issue a notice to the applicant allowing
the applicant 45 days for the applicant to provide documentation
concerning the disposition of the arrest or arrests.
   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.



7598.12.  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.
   A registrant or applicant may request a review by the Alarm
Company Disciplinary Review Committee as set forth in Section 7591.19
to appeal the suspension.


7598.14.  Upon approval of an application for registration, the
chief shall cause to be issued to the applicant, at his or her last
known address, a registration card in a form approved by the
director.  A photo identification card shall be issued upon written
request of the applicant, submission of two recent photographs of the
applicant, and payment of the fee.  The applicant may request to be
issued an enhanced pocket card that shall be composed of a durable
material and may incorporate technologically advanced security
features.  The bureau may charge a fee sufficient to reimburse the
department's costs for furnishing the enhanced license.  The fee
charged may not exceed the actual costs for system development,
maintenance, and processing necessary to provide this service, and
may not exceed six dollars ().  If the applicant does not request
an enhanced card, the department shall issue a standard card at no
cost to the applicant.  In the event of the loss or destruction of
the card, the cardholder may apply to the bureau for a certified
replacement of the card, stating the circumstances surrounding the
loss, and pay a ten dollar () certification fee, whereupon the
bureau shall issue a certified replacement of the card.  Every
person, while engaged in any activity for which registration is
required, shall display their valid pocket card as provided by
regulation.



7598.16.  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 may not have in his or
her employment a person whose registration has expired, or been
revoked, denied, suspended, or canceled.



7598.17.  A registration issued under this chapter expires two years
following the date of issuance or on the assigned renewal date.
Every alarm agent issued a registration under this chapter that
expires on or after January 1, 1997, and who is also issued or renews
a firearms qualification card on or after January 1, 1997, shall be
placed on a cyclical renewal so that the registration expires on the
expiration date of the firearms qualification card.  Notwithstanding
any other provision of law, the bureau is authorized to extend or
shorten the first term of registration following January 1, 1997, and
to prorate the required registration fee in order to implement this
cyclical renewal.  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, to the bureau for renewal of his or her registration.
   The licensee shall provide to any employee information regarding
procedures for renewal of registration.
   An expired registration may be renewed provided the registrant
files a renewal application on a form prescribed by the director and
the renewal and delinquency fees prescribed by this chapter are
returned to the bureau within 60 days of the expiration date of the
registration.  A firearms permit is not valid while the registration
is expired.
   A registration not renewed within 60 days following its expiration
may not be renewed thereafter.  The holder of the expired
registration may obtain a new registration only on compliance with
all of the provisions of this chapter relating to the issuance of an
original registration.  The delinquency fee is 50 percent of the
renewal fee in effect on the date of expiration, but not less than
twenty-five dollars ().
   The holder of an expired registration shall not engage in the
activity for which a registration is required until the bureau issues
a renewal registration.
   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.
   A registration may not be renewed or reinstated until all fines
assessed pursuant to Section 7591.9 and not resolved in accordance
with the provisions of that section have been paid.
   A new registration shall be issued subject to payment of all fines
assessed pursuant to Section 7591.9 and not resolved in accordance
with the provisions of Section 7591.9 and payment of all applicable
fees.