Title BPC — California Bus. & Prof. Code

This chapter may be cited as the Private Investigator Act.

As used in this chapter, “director” means the Director of Consumer Affairs, unless the context indicates otherwise.

As used in this chapter, “employer” means a person who employs an individual for wages or salary, lists the individual on the employer’s payroll records, and withholds all legally required deductions and contributions.

As used in this chapter, “employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s direction and control.

As used in this chapter, “employer-employee” relationship means a relationship in which an individual works for another, the individual’s name appears on the payroll records of the employer, and the employee is under the direction and control of the employer.

As used in this chapter, “firearm permit” includes “firearms permit,” “firearms qualification card,” “firearms qualification,” and “firearms qualification permit.”

(a) As used in this chapter, “member” means an individual who is a member of a limited liability company as specified in Section 17704.01 of the Corporations Code. (b) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

(a) As used in this chapter, “manager” means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of Section 1…

The director shall administer and enforce the provisions of this chapter.

(a) As used in this chapter, “person” includes any individual, firm, company, association, organization, partnership, and corporation. (b) This section shall become operative on January 1, 2030.

As used in this chapter, “bureau” means the Bureau of Security and Investigative Services.

As used in this chapter, “chief” means the Chief of the Bureau of Security and Investigative Services.

As used in this chapter, “licensee” means a person licensed under this chapter.

(a) As used in this chapter: (1) “Qualified manager” means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536, and who is in possession of a current and valid qualified manager’s certificate iss…

Every power and duty granted to or imposed upon the director may be exercised by any other officer or employee of the Department of Consumer Affairs authorized by the director, but the director shall have the supervision of and the responsibility for all powers and duties exercis…

The director may, in accordance with the State Civil Service Act and subject to the provisions of Section 159.5, appoint and fix the compensation of inspectors, investigators, and other personnel as may be necessary for the enforcement of this chapter.

Nothing in this chapter shall be construed as entitling any person to practice law in this state unless he or she is an active member of the State Bar of California.

The director may adopt and enforce reasonable rules, as follows: (a) Fixing the qualifications of licensees and qualified managers, in addition to those prescribed in this chapter, necessary to promote and protect the public welfare. (b) Carrying out generally the provisions of t…

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 qualified manager, the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of …

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 doc…

(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 privat…

(a) The Private Investigator Disciplinary Review Committee shall perform the following functions: (1) Affirm, rescind, or modify all decisions concerning administrative fines assessed by the bureau against private investigators that are appealed to the committee. (2) Affirm, resc…

(a) (1) A person licensed with the department under this chapter may appeal the assessment of an administrative fine to the Private Investigator Disciplinary Review Committee. A person denied, suspended of, or revoked of a license under this chapter may appeal to the committee, u…

(a) The Private Investigator Disciplinary Review Committee shall be provided all evidence used by the bureau in reaching its decision prior to hearing an appeal. (b) This section shall become operative on July 1, 2017.

No person shall engage in a business regulated by this chapter; act or assume to act as, or represent himself or herself to be, a licensee unless he or she is licensed under this chapter; and no person shall falsely represent that he or she is employed by a licensee.

(a) As a condition of the issuance, reinstatement, reactivation, or continued valid use of a license under this chapter, a limited liability company shall, in accordance with this section, maintain a policy or policies of insurance against liability imposed on or against it by la…

The director may authorize a licensed private investigator from another state to continue in this state for 60 days an investigation that originated in the state which is the location of the private investigator’s principal place of business if that state provides reciprocal auth…

A private investigator within the meaning of this chapter is a person, other than an insurance adjuster subject to the provisions of Chapter 1 (commencing with Section 14000) of Division 5 of the Insurance Code, who, for any consideration whatsoever engages in business or accepts…

(a) A private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform. (b) If the private investigator provides those services, he or she shall comply …

This chapter does not apply to: (a) A person employed exclusively and regularly by any employer who does not provide contract security services for other entities or persons, in connection with the affairs of that employer only and where there exists an employer-employee relation…

(a) Unless specifically exempted by Section 7522, no person shall engage in the business of private investigator, as defined in Section 7521, unless that person has applied for and received a license to engage in that business pursuant to this chapter. (b) Any person who violates…

(a) The superior court in and for the county wherein any person has engaged or is about to engage in any act which constitutes a violation of Section 7523 may, upon a petition filed by the bureau with the approval of the director, issue an injunction or other appropriate order re…

(a) Every agreement to provide a service regulated by this chapter, including, but not limited to, contract agreements and investigative agreements, shall be in writing. An initial client service agreement shall contain, but not be limited to, the following: (1) The licensed priv…

An application for a license under this chapter shall be on a form prescribed by the director and accompanied by the application fee provided by this chapter.

An application shall be verified and shall include: (a) The full name and business address of the applicant. (b) The name under which the applicant intends to do business. (c) A statement as to the general nature of the business in which the applicant intends to engage. (d) A ver…

(a) An applicant for a qualified manager license shall satisfy all of the following requirements: (1) Be at least 18 years of age. (2) Demonstrate they meet the experience requirements specified in Sections 7541 and 7541.1. (3) Complete and forward to the bureau a private investi…

(a) The bureau shall require each applicant for a private investigator license and qualified manager, as defined in Sections 7512.6, 7512.7, and 7521, to undergo a fingerprint-based state and national criminal history background check. (b) Pursuant to subdivision (u) of Section 1…

Before an application for a license is granted, the applicant for a license or his or her qualified manager shall meet all of the following: (a) Be at least 18 years of age. (b) Not have committed acts or crimes constituting grounds for denial of a license under Section 480. (c) …

(a) Notwithstanding any other provision of law, the director may, in his or her sole discretion, grant a probationary license to an applicant subject to terms and conditions deemed appropriate by the director, including, but not limited to, the following: (1) Continuing medical, …

The director may require an applicant or his or her qualified manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of both.

(a) When creating or updating the licensing examination required pursuant to Section 7527, the bureau shall consider all of the following: (1) Including in the examination questions on the subject of laws relating to privacy and professional ethics. (2) Supplementing the examinat…

Payment of the application fee prescribed by this chapter entitles an applicant or his or her qualified manager to one examination without further charge. If the person fails to pass the examination, he or she shall not be eligible for any subsequent examination except upon payme…

The chief shall issue a license, the form and content of which shall be determined by the chief in accordance with Section 164. In addition, the chief shall issue a “Certificate of Licensure” to any licensee, upon request and upon the payment of the fee prescribed in Section 7570…

The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee.

(a) Upon the issuance of and with each biennial renewal of a license, a license in the form of an enhanced photo identification card of the size, design, and content as may be determined by the director or the director’s designee shall be issued by the bureau to each licensee, as…

(a) Except as provided in this section, a license issued under this chapter is not assignable. (b) A licensee may apply to the chief for consent, and upon receipt of the consent and payment of the processing fee authorized by Section 7570, may assign a license to another business…

A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her qualified manager.

Each licensee shall maintain a record containing information relative to his or her employees as may be prescribed by the director.

(a) No licensee shall conduct a business under a fictitious or other business name unless and until the licensee has obtained the written authorization of the bureau to do so. (b) The bureau shall not authorize the use of a fictitious or other business name which is so similar to…

Each licensee shall file with the bureau the complete address of his or her principal place of business including the name and number of the street, or, if the street where the business is located is not numbered, the number of the post office box. The director may require the fi…