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

AND PRESENTED TO YOU TODAY BY: Gina Morla, Los Angeles County Nancy Turner, Napa County David Valenzuela, Ventura County VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

PROCESS SERVERS All you ever wanted to know about:

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.

WARNING! 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.

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

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

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

GENERAL FACTS Process Server Registrations are Mandated by California Business & Professions Code Sections 22350 – 22360 Dear John…. 9 VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

Public Records Act GC 6253 et seq. 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

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

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

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

GENERAL FACTS (cont.): B&P 22350 (a) 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 22350 (a)

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 15

GENERAL FACTS (cont.): B&P 22350(b) 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)

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

GENERAL FACTS (cont.): Fingerprint requirements –Live Scan B&P 22351.5 Fee for DOJ & FBI paid to Live Scan agency Plus, agency Live Scan fee B&P 22351.5

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 995.710(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

GENERAL FACTS (cont.): General Fees: GC 27361 $117 Registration & filing bond B&P 22352 & 22353 (c) $7+ Record the bond GC 27361 20

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

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

FEES (cont.): Recorder fees: $7* for 1st page, $3 each additional page – B&P 22353(b) & GC 27361 (standard format) *Recorder fee varies by county, check with your local Recorder for the current recording fees

REVIEWING THE INDIVIDUAL APPLICATION Application for an Individual B&P 22351 Name, age and telephone number are provided Address is included (can be a mailing) Applicant meets residency requirements of 1 year in California Requires an affirmative response on the application Make sure to stress fact that age must be actual – not “adult” or “18+” etc. 24 VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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

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

INDIVIDUAL APPLICATION (cont.): Application is executed under penalty of perjury, is dated, and contains an original signature of the applicant Completed Live Scan form is presented B&P 22351.5

INDIVIDUAL APPLICATION (cont.): 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 22354 If the applicant is filing a renewal, the bond may have a delayed renewal date Applicant has signed the bond as “Principal”

INDIVIDUAL APPLICATION (cont.): 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) Live Scan form will be covered with a Mock Form scanned on the slide VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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 Applicant has the proper filing fees as shown on slide 22

CORPORATION / PARTNERSHIP FILINGS – B&P 22350 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

CORPORATE APPLICATION: Application for a Corporation or Partnership B&P 22351 Name, age and telephone number of each corporate officer or general partner as applicable are provided Address is included (can be a mailing)

CORPORATE APPLICATION (cont.): 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

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

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) The court may allow the applicant to provide a certificate of rehabilitation, expungement or pardon at the time they review the CORI VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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

CORPORATE APPLICATION (cont.): Application is signed and executed under penalty of perjury by all corporate officers or general partners, is dated, and contains original signatures Completed Live Scan form is presented for each corporate officer or general partner VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

CORPORATE APPLICATION (cont.): 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

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) Applicant has the proper filing fees as shown on slide 22

REVIEWING LIVE SCAN REQUEST Live Scan Request Form Contains: Clerk’s (Contributing Agency) information as shown in hand-out Applicant’s personal information has been completed See about scanning a Live Scan form as it looks when we give to applicant & when it’s returned Process of where pending Live Scan forms are kept will vary from county to county – they ARE confidential. VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

LIVE SCAN REQUEST (cont.): 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

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 Counties must also have an approved Resolution from their Board of Supervisors authorizing them to conduct a background investigation of any staff with access to CORI (remember to send a No Longer Interested form to DOJ when an employee is no longer working for your agency) VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

LIVE SCAN RESPONSES (cont.): If any record is shown on response: Review the entry to confirm the applicant was convicted of the felony It’s 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

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

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)

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 Nancy says “ Starting with Dear John” VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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 Applicant’s Name & Address are shown in upper left corner after the phrase, “When recorded return to:” Process for making copy of bond / index card, entry into system will vary by county – explain process when notification from Dept of Insurance is received VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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 It’s 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

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+ 1st page, $3 each additional page to Recorder GC 27361 RUN TO YOUR SUPERVISOR SCREAMING FOR HELP! VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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 995.440

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)

EXPIRATION DATE Compare: Date that ends 2 year registration term TO: Expiration date shown on bond Choose the earliest date B&P 22354 Enter this date: On application expiration date Permanent ID card Process Server Index Clarify the process may be slightly different in other counties (i.e.., index cards) VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

ISSUING ID CARDS Mandated ID card requirements B&P 22355 Temporary ID card – 120 days Permanent ID card for term of registration

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”

ISSUING ID CARDS (cont.): Mandated ID card requirements (cont): Card shall contain: Title – Registered Process Server Registrant’s name, address Name of County of registration Registration expiration date Registration number A photograph in lower left corner If a natural person (an individual) Break into shalalala song Nancy doesn’t want the of’s….. VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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 Process for sending permanent ID cards may vary – however, the statute dictates you mail them. Only special birthday cards get laminated in our county VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

REVOCATION If the County Clerk receives notification of a felony conviction B&P 22351.5(b): Copy the original application Prepare a memo addressed to the Presiding Judge asking them to review the conviction Explain process for entering revocation information in database, index cards, etc. as well as the original order of revocation VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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

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)

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 SOME COUNTIES MAY NOT HAVE AN AUTOMATED INDEX - VITALS-COUNTY CLERK 2nd ANNUAL STAFF WORKSHOP 2008

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 916-227-2000 PC 11105.2(c),(d),(e), and (f)

Individual Process Server

Corporation/Partnership Process Server

Request for Live Scan Pg. 1

Guidelines-Live Scan Request Pg. 2

Fingerprint Follow-Up Request

No Longer Interested Notice

REVOCATION LETTER

REVOCATION MEMO TO JUDGE

REVOCATION MEMO FROM JUDGE

Process Server Temporary ID

Process Server Individual & Corp ID

REGISTRATIONS AT-A-GLANCE

CORPORATION/PARTNERSHIP FILINGS