COUNTY CLERK 5 th ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS Prepared by: Vicki Petersen,...

COUNTY CLERK5th ANNUAL STAFF

WORKSHOPPROFESSIONAL REGISTRATIONS

Prepared by:Vicki Petersen, Sonoma County

Nancy Turner, Napa County

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Nancy Turner, Napa CountyCarla Reinking, Sonoma County

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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.

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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.

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PRESENTATION CONTENTS

• GENERAL FACTS

• FEES

• REVIEWING THE APPLICATION–Individual–Corporation or Partnership

• REVIEWING THE LIVE SCAN REQUEST6

Presentation Contents (cont.):

• NO LONGER INTERESTED FORM

• BOND

• REGISTRATION NUMBER

• ISSUING ID CARDS

77

Presentation Contents (cont.):

• EXPIRATION DATE

• REVOCATION

• RETENTION

• MISCELLANEOUS

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GENERAL FACTS

Process Server Registrations areMandated by California

Business & Professions Code Sections 22350 – 22360

CLERKS REFERENCE MANUAL (CRM)PAGES 56 - 62

99

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 11077

10


• TERM OF REGISTRATION IS

2 Years, OR

Date the bond expires, whichever occurs first

B&P 22354

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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


• 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


–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)14


• 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

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• PERSONS PERSONS NOTNOT REQUIRED TO FILE (CONT.): 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


• REGISTRATIONS ARE FILED IN:

–County of residence

OR

–County of principal place of business

B&P 22350(a)

1717


• FINGERPRINT REQUIREMENTS –LIVE SCAN

• Fee for DOJ & FBI paid to Live Scan

agency • Plus, agency Live Scan fee

B&P 22351.5

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• 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

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• GENERAL FEES:–$117 Registration & filing bond

B&P 22352 & 22353 (c)

–Recorder fees vary by county; check with

your local Recorder for the current

recording fees GC 27361

2020


• 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)

2222

FEES (cont.):

RECORDER FEES:

–Recorder fee varies by county; check with

your local Recorder for the current

recording fees

B&P 22353(b) & GC 27361 23

REVIEWING THE INDIVIDUAL APPLICATION

• APPLICATION FOR AN INDIVIDUAL B&P 22351 / CRM PGS 51 - 51

1. 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

application24

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

2525


– 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

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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 22351.5

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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 22354• If the applicant is filing a renewal, the

bond may have a delayed renewal date B&P 22354

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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)

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– 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 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

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CORPORATE APPLICATION:

• Application for a Corporation or Partnership B&P 22351 / CRM PGS 51 - 55

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)

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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


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

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*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


*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

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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

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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

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• 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

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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

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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

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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

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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

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• 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

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**Counties not yet receiving responses through LIVE SCAN:

Contact the Dept. of Justice to apply(http://ag.ca.gov/fingerprints/agencies.php)

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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

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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:”

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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

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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 2736149

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 995.44050

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)

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

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ISSUING ID CARDS

MANDATED ID CARD REQUIREMENTS B&P 22355

• Temporary ID card – 120 days

• Permanent ID card for term of registration

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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”

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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)

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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 22351.5(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

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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 916-227-2000

PC 11105.2(c),(d),(e), and (f)

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Individual Process Server

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Corporation/Partnership Process Server

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Request for Live Scan

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Pg. 1

Guidelines-Live Scan Request

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Pg. 2

Contract for Subsequent Arrest

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Pg. 3

Fingerprint Follow-Up Request

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Pg. 4

No Longer Interested Notice

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Pg. 5

REVOCATION LETTER

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Pg. 1

REVOCATION MEMO TO JUDGE

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Pg. 2

REVOCATION MEMO FROM JUDGE

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Pg. 3

Process Server ID Cards

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REGISTRATIONS AT-A-GLANCE

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CORPORATION/PARTNERSHIP FILINGS

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COUNTY CLERK 5 th ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS Prepared by: Vicki Petersen,...

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