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

2. Carla Reinking, Sonoma County

3. UNLAWFUL DETAINER ASSISTANTS

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. 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 PRESENTATION CONTENTS General Facts Fees Bond Reviewing the Application –Individual –Corporation or Partnership

7. 7 Presentation Contents (cont.): Registration number Primary & Secondary registrations Issuing ID cards –Applicant –Employee

8. 8 Presentation Contents (cont.): Expiration date Denials, Appeals & Revocations Retention Miscellaneous

9. 9 GENERAL FACTS Unlawful Detainer Assistants Are Mandated by Business & Professions Code Sections 6400 – 6415 CLERKS REFERENCE MANUAL (CRM) PAGES 27 - 32

10. 10 GENERAL FACTS (cont.): Mandates are concurrent with those for Legal Document Assistant –Registrations for Unlawful Detainer Assistants have been required since 1993 Applications & Indices are a public record Public Records Act GC 6253 et seq.

11. 11 GENERAL FACTS (cont.): Term of Registration is 2 years OR Date bond expires OR Until total number of UDA employed by partnership/corporation exceeds the number allowed by the amount of bond in effect Whichever occurs first– B&P 6406

12. 12 GENERAL FACTS (cont.): The County Clerk has 3 days in which to review the application and submitted documentation before filing or rejecting B&P 6406(c) Registrations are filed in: –County of principal place of business AND –Any other county where duties are performed B&P 6402

13. 13 GENERAL FACTS (cont.): Fees: –$182 - Registration & filing bond B&P 6404 & 6405(4)(c) –Record the bond GC 27361 Photos B&P 6407(b): Passport size (or smaller) Photo not required in all counties No photo allowed for corporation/partnership reg.

14. 14 GENERAL FACTS (cont.): Renewal – B&P 6406(a): –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

15. 15 GENERAL FACTS (cont.): Description – B&P 6400(a) & (b): –Any person, corporation or partnership who, for compensation, renders assistance in unlawful detainer claims Claim: a proceeding, filing or action for or against a person who refuses to surrender property

16. 16 GENERAL FACTS (cont.): Bond Requirements B&P 6405: Depends on type and # of employees –$25,000 - Individual or employee –$25,000 - Corp/Part. with 1 - 4 employees –$50,000 - Corp/Part. with 5 - 9 employees –$100,000 – Corp/Part. with 10 or more employees

17. 17 GENERAL FACTS (cont.): A change in number of employees may change bond amount & require a new bond to be filed and recorded with County Clerk and Recorder B&P 6405(a)(3) Cash in lieu of bond – B&P 6405(e) –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

18. 18 GENERAL FACTS (cont.): Denial by the County Clerk B&P 6406(c): –Applicant may appeal to Director of Consumer Affairs – B&P 6406(d) Director may order County Clerk to accept registration Director may concur with denial

19. 19 GENERAL FACTS (cont.): –Written decision shall be sent by the Director of Consumer Affairs to the applicant and County Clerk within 30 days of submission –If applicable, County Clerk shall file application within 3 business days of receiving order from Director of Consumer Affairs

20. 20 FEES Clerk fees: $182 (first ID card included) –$175 Registration - B&P 6404 –$7 File stamp the bond – B&P 6405(c) –Additional ID cards $10 each – B&P 6407(a) Recorder fees: Recorder fee varies by county; check with your local Recorder for the current recording fees B&P 6405(d) & GC 27361

21. 21 BOND After confirming the bond meets requirements listed on slide 16: Verify there is enough room at the top for recording stamp –Or, attach a cover page and collect additional recording fee Verify Name/Address are shown in upper left-hand corner after phrase: “When recorded return to:”

22. 22 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 your records contain the surety name in case you receive notification from Dept. of Insurance that the surety is no longer authorized in CA

23. 23 BOND (cont.): If notice of cancellation, revocation, or withdrawal of bond is received: –Confirm notice pertains to a current registration –Confirm you have correct filing & recording fees $7 Filing fee to County Clerk B&P 6405(c) Recording fees as charged by your county GC 27361

24. 24 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

25. 25 BOND (cont.): 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 license or permit period and any and all renewals, or until cancellation or withdrawal of the surety from the bond CCP 995.440

26. 26 BOND (cont.): *If applicant is an employee of a registered corp/part. and is covered under that bond, the employee is not required to post an individual bond. It is recommended that clerk have written authorization from the corporation/partnership that shows employee is covered under their bond

27. 27 BOND (cont.): *If it is a secondary registration, the applicant will provide a certified copy of the original bond, attach a cover sheet and record that certified copy B&P 6405(a)(1) *If the bond is less than 2 years, the registration will expire when the bond expires B&P 6406(a) *If the applicant is filing a renewal, the bond may have a delayed renewal date

28. 28 REVIEWING THE INDIVIDUAL APPLICATION Application for Individual – B&P 6403 Primary/Secondary registration –If Secondary, confirm that the name of the County of Primary registration is included Name, age and telephone number are provided Address is shown (can be mailing)

29. 29 INDIVIDUAL APPLICATION: Answers must be given to questions regarding civil or criminal convictions, revocations or disbarment as required in B&P 6403 –Requires a “Yes” or “No” response on the application

30. 30 INDIVIDUAL APPLICATION: –If a “Yes” response is given to any of the questions, County Clerk MUST deny the registration, return the application, fees, and provide applicant with a Notice of Denial form indicating the reason(s) for denial and the method of appeal B&P 6406(b) & 6406(c)

31. 31 INDIVIDUAL APPLICATION (Cont.): Application is executed under penalty of perjury, is dated, and contains an original signature of the applicant B&P 6403(d) Applicant has the proper filing fees as shown on slide 20

32. 32 INDIVIDUAL APPLICATION (Cont.): Original bond for $25,000 B&P 6405 –Is in the name of the applicant –In favor of the State of California and includes name of county for primary registration –Covers 2 year registration period –Applicant has signed the bond as “Principal”

33. 33 INDIVIDUAL APPLICATION (Cont.): Applicant is able to provide acceptable identification B&P 6403(b) Passport size or smaller photo is provided for ID card (some counties do not require the applicant to provide their own photo)

34. 34 REVIEWING CORPORATE / PARTNERSHIP APPLICATION Application for Corporation or Partnership B&P 6403(c) Primary registration or Secondary registration – B&P 6403(c)(7) –If Secondary, confirm the name of the County of Primary registration is included

35. 35 CORPORATE APPLICATION (cont.): Name, age and telephone number of each corporate officer or general partner, as applicable, are provided – B&P 6403(c)(1) Address (can be a mailing)

36. 36 CORPORATE APPLICATION (cont.): Each corporate officer or general partner answers all questions regarding civil or criminal convictions, revocations or disbarment, as required in B&P 6403(c)(2) – (6) –Requires a “Yes” or “No” response on the application

37. 37 CORPORATE APPLICATION (cont.): –If a “Yes” response is given to any of the questions, the County Clerk MUST deny the registration, return the application, fees, and provide applicant with a Notice of Denial form indicating the reason(s) for denial and the method of appeal B&P 6406(b) & 6406(c)

38. 38 CORPORATE APPLICATION (cont.): Application is executed under penalty of perjury on behalf of all corporate officers or general partners, is dated, and contains original signatures as follows on next slide: B&P 6403 Dept. Consumer Affairs Reg. Title 16, Article 1, Section 3900

39. 39 CORPORATE APPLICATION (cont.): Corporate applications must be signed by: –Chairman of the Board OR –President OR –Vice President AND Secretary, Asst. Secretary, Chief Financial Officer, or Asst. Treasurer

40. 40 CORPORATE APPLICATION (cont.): ●Partnership applications must be signed by at least one general partner ●Applicant has proper filing fees as shown on slide 20 ●Original bond for correct amount as listed on slide 16 that covers the number of employees listed on application

41. 41 CORPORATE APPLICATION (cont.): AND BOND IS: –Is in the name of the corporation or partnership –In favor of the State of California and includes county where primary registration is filed – B&P 6405(h)

42. CORPORATE APPLICATION (cont.): –Bond Covers the 2 year registration period One of the corporate officers or general partners has signed the bond as “Principal” on behalf of the corporation or partnership 42

43. 43 PRIMARY & SECONDARY REGISTRATIONS – B&P 6402 For Primary Registration: –In County of principal place of business File application Pay fees Submit & record original bond

44. 44 PRIMARY & SECONDARY REGISTRATIONS – B&P 6402 For Secondary Registration: –In all other Counties where services are performed File application Pay fees Submit & record certified copy of original bond

45. 45 REGISTRATION NUMBER If application is a new registration, or if a previous registration 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 6407(a)

46. 46 EXPIRATION DATE COMPARE: –The DATE that ends the 2 year registration term TO –The expiration date that is shown on the bond CHOOSE the earliest date B&P 6406(a)

47. EXPIRATION DATE –Enter this expiration date: On the application for the expiration date On the ID card In the Unlawful Detainer Assistant Index 47

48. 48 ISSUING ID CARDS Mandated ID card requirements B&P 6407 ID card shows: – Term of Registration Card specifications B&P 6407(b) – Not less than 3-1/4” x 2”

49. 49 ISSUING ID CARDS (cont.): –Card shall contain: Title: Unlawful Detainer Assistant Registrant’s name, address Name of County of Registration Registration No. Expiration Date

50. ISSUING ID CARDS (cont.): –Card shall contain (cont.): Photograph in lower left corner –If applicant is a natural person (i.e. individual or employee) –Corporation & Partnership ID cards do not contain photographs 50

51. 51 ISSUING ID CARDS (cont.): –Card shall contain (cont.): A statement in 12-point boldface type, above title: “This person is not a lawyer” A statement in 12-point boldface type, at bottom: “The county clerk has not evaluated this person’s knowledge, experience, or services”

52. 52 DENIALS, APPEALS & REVOCATIONS Denial – B&P 6406(c): –If County Clerk finds applicant has failed to meet requirements: The County Clerk shall return the application and fee within 3 business days of submission, with a notice indicating reason for denial and method of appeal

53. 53 DENIAL, APPEAL & REVOCATION (cont.): Appeal – B&P 6406(d): –Applicant submits appeal to Director of Department of Consumer Affairs: The appeal includes their completed application, The County Clerk’s notice with the reason for denial, and copies of all documentation

54. DENIAL, APPEAL & REVOCATION (cont.): Within 30 days of receipt by the Department of Consumer Affairs the Director shall send a written decision to the applicant and the County Clerk listing the reasons the application shall be granted or denied – B&P 6406(e) 54

55. 55 DENIAL, APPEAL & REVOCATION (cont.): –If the Director orders application be granted, the applicant may resubmit the application with the appropriate filing fees and the written decision of the Director –The County Clerk shall file the application within 3 business days of receipt of the notice B&P 6406(f )

56. 56 DENIAL, APPEAL & REVOCATION (cont.): Revocations: –County Clerk shall revoke a registration upon receipt of official document pertaining to conviction of offenses as described in: B & P Sections 6125-6127 B&P 6413

57. 57 DENIAL, APPEAL & REVOCATION (cont.): Revocations (cont.): –Disposition of court actions shall be provided by the city/district attorney or plaintiff –A revoked registrant may reapply after 3 years –Registrant may challenge decision in court – B&P 6414

58. 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 6403(e)

59. 59 MISCELLANEOUS Complaints regarding violations by an unlawful detainer assistant may be filed in any superior court B&P 6412.1 Data entry is performed as required in your system and/or added to your registration list/index

60. 60 Individual UDA Pg. 1

61. 61 Individual UDA Pg. 2

62. 62 Corporation/Partnership UDA Pg. 1

63. 63 Corporation/Partnership UDA Pg. 2

64. 64 Corporation/Partnership UDA Pg. 3

65. 65 NOTICE OF DENIAL FOR LDA & UDA Pg. 1

66. 66 NOTICE OF DENIAL-LDA-UDA Pg. 2

67. 67 Unlawful Detainer Assistant ID

68. 68 REGISTRATIONS AT-A-GLANCE