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1 VITALS-COUNTY CLERK 2 ND ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS Prepared by: Vicki Petersen, Sonoma County Nancy Turner, Napa County.

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Presentation on theme: "1 VITALS-COUNTY CLERK 2 ND ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS Prepared by: Vicki Petersen, Sonoma County Nancy Turner, Napa County."— Presentation transcript:

1 1 VITALS-COUNTY CLERK 2 ND ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS Prepared by: Vicki Petersen, Sonoma County Nancy Turner, Napa County

2 2 Gina Morla, Los Angeles County Nancy Turner, Napa County David Valenzuela, Ventura County

3 3 PROCESS SERVERS

4 4 BUT FIRST…A TWO PAGE DISCLAIMER: This is a training workshop, but local practices do vary from county to county according to local policy and practice as well as local county counsel opinions.

5 5 No practice or procedure you become aware of as a result of this workshop should be implemented in your own office without the full AWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

6 6 DISCUSSION POINTS General Facts Fees Reviewing the Application –Individual –Corporation or Partnership Reviewing the Live Scan Request

7 77 DISCUSSION POINTS (cont.): No Longer Interested form Bond Registration number Issuing ID cards

8 8 DISCUSSION POINTS (cont.): Expiration date Revocation Retention Miscellaneous

9 99 GENERAL FACTS Process Server Registrations are Mandated by California Business & Professions Code Sections – 22360

10 10 GENERAL FACTS (cont.): Applications & Indices are a public record Public Records Act GC 6253 et seq. Live Scan forms, results & No Longer Interested forms are confidential Penal Code 11077

11 11 GENERAL FACTS (cont.): Term of Registration is 2 Years, OR Date the bond expires, whichever occurs first B&P 22354

12 12 GENERAL FACTS (cont.) Renewal: –Registration may be renewed up to 60 days prior to current expiration date, and the effective date of the renewal shall be the date the current registration expires

13 13 GENERAL FACTS (cont.): Persons required to file: –Natural person – with more than 10 serves per year in this State –Corporation/Partnership that expects to derive compensation for serves in State

14 14 GENERAL FACTS (cont.): – A Corporate Officer or General Partner who personally makes more than 10 serves per year in State must also file an individual registration B&P (a)

15 15 GENERAL FACTS (cont.): Persons not required to file: –Sheriff, marshal, or government employee acting in scope of their employment –Attorney (or employee) when serve relates to a pending case for which the attorney is providing legal service –A person appointed by a court to serve its process

16 16 GENERAL FACTS (cont.): –Licensed Private Investigator (or employee) –Professional Photocopier (or employee) when serve relates only to subpoenas for production of records to be copied by that photocopier B&P 22350(b)

17 17 GENERAL FACTS (cont.): Registrations are filed in: –County of residence OR –County of principal place of business B&P 22350(a)

18 18 GENERAL FACTS (cont.): Fingerprint requirements –Live Scan Fee for DOJ & FBI paid to Live Scan agency Plus, agency Live Scan fee B&P

19 19 GENERAL FACTS (cont.): Bond Requirements: –$2,000, In favor of the County of filing –Cash in lieu of bond Deposit will be held in an interest bearing account CCP (1) Deposit will be retained for 3-years following registration in case a claim is made against the account unless released earlier by court order B&P 22353

20 20 GENERAL FACTS (cont.): General Fees: –$117Registration & filing bond B&P & (c) –$7+Record the bond GC 27361

21 21 GENERAL FACTS (cont.): Photos: Passport size (or smaller) –Passport photo not required in all counties No photos are allowed for corporation/partnership registrations B&P 22355(b)

22 22 FEES Clerk fees: –$117 $100 Registration – B&P 22352(a) $10 ID card – B&P 22352(c) $7 File stamp the bond – B&P 22353(c) 22

23 23 FEES (cont.): Recorder fees: –$7* for 1 st page, $3 each additional page – B&P 22353(b) & GC –(standard format) *Recorder fee varies by county, check with your local Recorder for the current recording fees

24 24 REVIEWING THE INDIVIDUAL APPLICATION Application for an Individual B&P Name, age and telephone number are provided 2.Address is included (can be a mailing) 3.Applicant meets residency requirements of 1 year in California Requires an affirmative response on the application

25 25 INDIVIDUAL APPLICATION (cont.): 4.If applicant has been convicted of a felony Requires a response on the application If a Yes response is given, applicant must provide:

26 26 INDIVIDUAL APPLICATION (cont.): Certificate of rehabilitation, expungement or pardon –Judicial review is not required if at least one of the documents mentioned above are provided for each felony conviction as shown in the DOJ & FBI background investigation These documents may be requested by the applicant from Superior Court in the county where the conviction occurred

27 27 INDIVIDUAL APPLICATION (cont.): 5.Application is executed under penalty of perjury, is dated, and contains an original signature of the applicant 6.Completed Live Scan form is presented B&P

28 28 INDIVIDUAL APPLICATION (cont.): 7.Original bond for $2,000 is submitted in the name of the applicant In favor of the County of filing Covers the 2 year registration period –If the bond is less than 2 years, the registration will expire when the bond expires B&P –If the applicant is filing a renewal, the bond may have a delayed renewal date B&P Applicant has signed the bond as Principal

29 29 INDIVIDUAL APPLICATION (cont.): 8.Passport size or smaller photos are provided (if county requires) If original filing, or renewal where a lapse in the registration occurred, applicant must provide 2 photos – one for the temporary ID card and one for the permanent ID card B&P 22355(a)

30 30 INDIVIDUAL APPLICATION (cont.): If this is a renewal where NO lapse in the registration occurred, applicant must provide 1 photo for the permanent ID card 9.Applicant has the proper filing fees as shown on slide 22

31 31 CORPORATION / PARTNERSHIP FILINGS – B&P Any corporation or partnership that derives or expects to derive compensation from service of process within this State shall ALSO file and maintain a verified certificate of registration as a process server with the County Clerk of the county in which the corporation or partnership has its principal place of business

32 32 CORPORATE APPLICATION: Application for a Corporation or Partnership B&P Name, age and telephone number of each corporate officer or general partner as applicable are provided 2. Address is included (can be a mailing)

33 33 CORPORATE APPLICATION (cont.): 3.Corporation or Partnership has been organized & in existence in this State for a period of one year immediately preceding the filing Requires an affirmative response on the application

34 34 CORPORATE APPLICATION (cont.): –If a corporate officer or general partner has been convicted of a felony (see notes on next slide) Requires a NO response for each corporate officer or general partner on the application

35 35 CORPORATE APPLICATION (cont.): *Conviction notes: –If a Yes response is given, you should advise the applicant that you cannot file the application (there is no provision in the B&P code that allows corporate officers or general partners to include copies of a certificate of rehabilitation, expungement, or pardon)

36 36 CORPORATE APPLICATION (cont.): *Conviction notes: –In the event an application is filed and the County Clerk is notified by DOJ or FBI of a felony conviction, judicial review will be required and the court will order the application revoked –Application fees cannot be refunded in the event an application is revoked

37 37 CORPORATE APPLICATION (cont.): 5.Application is signed and executed under penalty of perjury by all corporate officers or general partners, is dated, and contains original signatures 6.Completed Live Scan form is presented for each corporate officer or general partner

38 38 CORPORATE APPLICATION (cont.): 7.Submitted is an Original Bond for $2,000 that has been signed by one of the corporate officers or general partners as Principal on behalf of the corporation or partnership and is: Is in the name of the corporation or partnership In favor of the County of filing

39 39 CORPORATE APPLICATION (cont.): Covers the 2 year registration period –If the bond is less than 2 years, the registration will expire when the bond expires –If the applicant is filing a renewal, the bond may have a delayed renewal date (see section for renewals) 8.Applicant has the proper filing fees as shown on slide 22

40 40 REVIEWING LIVE SCAN REQUEST Live Scan Request Form Contains: 1.Clerks (Contributing Agency) information as shown in hand-out 2.Applicants personal information has been completed

41 41 LIVE SCAN REQUEST (cont.): 2.Agency who transmitted the Live Scan information (Live Scan Operator) is complete Retain a copy of the Live Scan in a pending, confidential, locked file cabinet until results are received from both DOJ & FBI

42 42 LIVE SCAN RESPONSES When notification from both DOJ & FBI have been received with a NO RECORD response –Issue 2 year ID card and mail to applicant

43 43 LIVE SCAN RESPONSES (cont.): If any record is shown on response: –Review the entry to confirm the applicant was convicted of the felony Its possible for charge(s) to start out as a felony then be reduced to a misdemeanor and/or dismissed prior to conviction. If in doubt, refer to Presiding Judge for review

44 44 LIVE SCAN RESPONSES (cont.): –If record shows a felony conviction and applicant did not include the required certificate of rehabilitation, expungement, and/or pardon for that conviction with their application, follow the process for revocation as shown on slide 57

45 45 LIVE SCAN RESPONSES (cont.): Counties not yet receiving responses through LIVE SCAN: Contact the Dept. of Justice to apply (http://ag.ca.gov/fingerprints/agencies.php)

46 46 NO LONGER INTERESTED FORM Complete the No Longer Interested form from the information provided on the Live Scan form –It will be kept in the confidential file until applicant is no longer registered

47 47 BOND Confirm bond meets requirements listed on slide 28 for Individuals or slide 38 for Corporations Verify there is enough room at the top for recording stamp –Or, attach a cover page and collect additional recording fee Applicants Name & Address are shown in upper left corner after the phrase, When recorded return to:

48 48 BOND (cont.): File stamp bond in an area where it will fit without covering text or recording space –Send bond & recording fee to the Recorder –Its recommended that your records contain the surety name that issued the bond in case you receive notification from Dept. of Insurance that the surety is no longer authorized in CA

49 49 BOND (cont.): If a notice of cancellation, revocation, or withdrawal of bond is received: –Confirm notice pertains to a current registration –Confirm correct filing and recording fees $7 Filing fee to County Clerk B&P 22353(c) $7+ 1 st page, $3 each additional page to Recorder GC 27361

50 50 BOND (cont.): Send registrant a certified letter requiring submission of a new bond within 30 days or the registration will be revoked and the registration number will be retired –Bonds given as a condition of a license or permit shall be continuous in form, remain in full force and effect, and run concurrently with the license or permit period and any and all renewals, or until cancellation or withdrawal of the surety from the bond CCP

51 51 REGISTRATION NUMBER If applicant is filing a new registration or previous registration has lapsed: –Assign the next consecutive number from Registration Log If applicant is renewing and there is no lapse in the registration period: –Copy previous registration number to new application B&P 22355(a)

52 52 EXPIRATION DATE Compare: –Date that ends 2 year registration term TO: –Expiration date shown on bond Choose the earliest date B&P –Enter this date: On application expiration date Permanent ID card Process Server Index

53 53 ISSUING ID CARDS Mandated ID card requirements B&P –Temporary ID card – 120 days –Permanent ID card for term of registration

54 54 ISSUING ID CARDS (cont.): –Card specifications B&P 22355(b) 3-3/8 x 2-1/4 To make ID cards in Excel, and have the expiration date automatically populate with 120 day temporary period use the following formula:=TODAY()+120

55 55 ISSUING ID CARDS (cont.): Mandated ID card requirements (cont): –Card shall contain: Title – Registered Process Server Registrants name, address Name of County of registration Registration expiration date Registration number A photograph in lower left corner –If a natural person (an individual)

56 56 ISSUING ID CARDS (cont.): If a new registration number is being issued: –A temporary ID card must be prepared B&P 22355(a) –When record response is received and applicant is cleared, send permanent ID card Corporations & Partnerships ID cards do not contain photographs Some counties laminate ID cards

57 57 REVOCATION If the County Clerk receives notification of a felony conviction B&P (b): –Copy the original application –Prepare a memo addressed to the Presiding Judge asking them to review the conviction

58 58 REVOCATION (cont.): After judicial review, Judge may issue an order to revoke the registration –File stamp the original order to revoke –Make a certified copy of the order –Mail certified copy of the order to the applicant via certified mail, return receipt requested

59 59 RETENTION Retain hard copy registration certificates for 3 years following the expiration date –If the certificate is scanned the hard copy may be destroyed –The scanned image shall be retained for a period of 10 years B&P 22351(c)

60 60 MISCELLANEOUS An investigation concerning the revocation or suspension of a certificate of registration may be commenced at any time at the option of the county clerk if the county clerk deems it to be appropriate B&P 22358(b) Complaints regarding process servers are investigated by the District Attorney B&P 22358(b)

61 61 MISCELLANEOUS (cont.): Data entry as required in your system and/or add to registration list or index When the registration expires –County Clerk is required to fax or mail the No Longer Interested form to the DOJ at PC (c),(d),(e), and (f)

62 62 Individual Process Server

63 63 Corporation/Partnership Process Server

64 64 Request for Live Scan Pg. 1

65 65 Guidelines-Live Scan Request Pg. 2

66 66 Fingerprint Follow-Up Request

67 67 No Longer Interested Notice

68 68 REVOCATION LETTER

69 69 REVOCATION MEMO TO JUDGE

70 70 REVOCATION MEMO FROM JUDGE

71 71 Process Server Temporary ID

72 72 Process Server Individual & Corp ID

73 73 REGISTRATIONS AT-A-GLANCE

74 74 CORPORATION/PARTNERSHIP FILINGS


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