COUNTY CLERK 5 th ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS Prepared by: Vicki Petersen, Sonoma County Nancy Turner, Napa County 1

Carla Reinking, Sonoma County

3 ALL YOU EVER WANTED TO KNOW ABOUT PROCESS SERVERS

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. 4

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. 5

PRESENTATION CONTENTS GENERAL FACTS FEES REVIEWING THE APPLICATION – Individual – Corporation or Partnership REVIEWING THE LIVE SCAN REQUEST 6

Presentation Contents (cont.): NO LONGER INTERESTED FORM BOND REGISTRATION NUMBER ISSUING ID CARDS 7 7

Presentation Contents (cont.): EXPIRATION DATE REVOCATION RETENTION MISCELLANEOUS 8

GENERAL FACTS Process Server Registrations are Mandated by California Business & Professions Code Sections – CLERKS REFERENCE MANUAL (CRM) PAGES

GENERAL FACTS (cont.): APPLICATIONS & INDICES ARE PUBLIC RECORDS Public Records Act GC 6253 et seq. LIVE SCAN FORMS, RESULTS & NO LONGER INTERESTED FORMS ARE CONFIDENTIAL Penal Code

GENERAL FACTS (cont.): TERM OF REGISTRATION IS 2 Years, OR Date the bond expires, whichever occurs first B&P

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 12

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 13

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) 14

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.): PERSONS NOT REQUIRED TO FILE (CONT.): PERSONS NOT REQUIRED TO FILE (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) 16

GENERAL FACTS (cont.): REGISTRATIONS ARE FILED IN: – County of residence OR – County of principal place of business B&P 22350(a) 17

GENERAL FACTS (cont.): FINGERPRINT REQUIREMENTS –LIVE SCAN Fee for DOJ & FBI paid to Live Scan agency Plus, agency Live Scan fee B&P

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

GENERAL FACTS (cont.): GENERAL FEES: – $117Registration & filing bond B&P & (c) – Recorder fees vary by county; check with your local Recorder for the current recording fees GC

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) 21

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: – Recorder fee varies by county; check with your local Recorder for the current recording fees B&P 22353(b) & GC

REVIEWING THE INDIVIDUAL APPLICATION APPLICATION FOR AN INDIVIDUAL B&P / CRM PGS 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 24

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 a certificate of rehabilitation, expungement or pardon 25

INDIVIDUAL APPLICATION (cont.): – 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 the Superior Court in the county where the conviction occurred 26

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

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

INDIVIDUAL APPLICATION (cont.): 8.Applicant has signed the bond as “Principal” 9.Passport size or smaller photos are provided (if county requires) – If filing is an original filing, or if a renewal has lapsed beyond expiration, the applicant must provide 2 photos – one for the temporary ID card and one for the permanent ID card B&P 22355(a) 29

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 10. Applicant has the proper filing fees as shown on slide 22 30

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 31

CORPORATE APPLICATION: Application for a Corporation or Partnership B&P / CRM PGS CHECK THAT: 1. Name, age and telephone number of each corporate officer or general partner as applicable are provided 2. Address is included (can be a mailing) 32

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 33

CORPORATE APPLICATION (cont.): 4.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 34

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) 35

CORPORATE APPLICATION (cont.): *Conviction notes (cont.): – In the event an application is filed and the County Clerk is notified later by the 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 36

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 37

CORPORATE APPLICATION (cont.): 7.An Original Bond is submitted for $2,000 and 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 38

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 39

REVIEWING LIVE SCAN REQUEST Live Scan processes are performed by a designated clerk/supervisor Live Scan Request Form Contains: 1.Clerk’s (Contributing Agency) information as shown in hand-out 2.Applicant’s personal information has been completed 40

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 41

LIVE SCAN RESPONSES 3.When notification from both DOJ & FBI have been received with a NO RECORD response – Issue 2 year ID card and mail to applicant 42

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 43

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 44

LIVE SCAN RESPONSES (cont.): **Counties not yet receiving responses through LIVE SCAN: Contact the Dept. of Justice to apply ( 45

NO LONGER INTERESTED FORM Complete the No Longer Interested form from the information provided on the Live Scan form – Place in the confidential file for retention period 46

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:” 47

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 48

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) Recordings fees as required by your Recorder are collected GC

BOND (cont.): – Send registrant certified letter requiring new bond within 30 days or registration will be revoked and 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

REGISTRATION NUMBER If applicant is filing a new registration or a 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) 51

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 for expiration date On Permanent ID card In Process Server Index 52

ISSUING ID CARDS MANDATED ID CARD REQUIREMENTS B&P Temporary ID card – 120 days Permanent ID card for term of registration 53

ISSUING ID CARDS (cont.): MANDATED ID CARD REQUIREMENTS (CONT): Card specifications shall be: – Not less than 3 ¼” x 2” B&P 22355(b) – To make ID cards in Excel, and have the expiration date automatically populate with 120 day temporary period use the following formula: “=TODAY()+120” 54

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) 55

ISSUING ID CARDS (cont.): MANDATED ID CARD REQUIREMENTS (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 clears applicant, send permanent ID card Corporations & Partnerships ID cards do not contain photographs Some counties laminate ID cards 56

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 57

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 58

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) 59

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) 60

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) 61

Individual Process Server 62

Corporation/Partnership Process Server 63

Request for Live Scan 64 Pg. 1

Guidelines-Live Scan Request 65 Pg. 2

Contract for Subsequent Arrest 66 Pg. 3

Fingerprint Follow-Up Request 67 Pg. 4

No Longer Interested Notice 68 Pg. 5

REVOCATION LETTER 69 Pg. 1

REVOCATION MEMO TO JUDGE 70 Pg. 2

REVOCATION MEMO FROM JUDGE 71 Pg. 3

Process Server ID Cards 72

REGISTRATIONS AT-A-GLANCE 73

CORPORATION/PARTNERSHIP FILINGS 74