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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VITALS-COUNTY CLERK

2ND ANNUAL STAFF

WORKSHOP

PROFESSIONAL

REGISTRATIONS

Prepared by:Vicki Petersen, Sonoma County

Nancy Turner, Napa County

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Gina Morla, Los Angeles

County Nancy Turner, Napa

County

David Valenzuela, Ventura

County

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PROCESS SERVERS

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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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DISCUSSION POINTS• General Facts

• Fees

• Reviewing the Application–Individual–Corporation or Partnership

• Reviewing the Live Scan Request

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DISCUSSION POINTS (cont.):

• No Longer Interested form

• Bond

• Registration number

• Issuing ID cards

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DISCUSSION POINTS (cont.):

• Expiration date

• Revocation

• Retention

• Miscellaneous

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GENERAL FACTS

Process Server Registrations are

Mandated by California

Business & Professions Code

Sections 22350 – 22360

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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

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GENERAL FACTS (cont.):

• 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

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• 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

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–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)

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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

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– 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)

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• Registrations are filed in:

– County of residence

OR

– County of principal place of business

B&P 22350(a)

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• 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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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

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• General Fees:

– $117Registration & filing bond

B&P 22352 & 22353 (c)

– $7+ Record the bond

GC 27361

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• Photos:

•Passport size (or smaller)– Passport photo not required in all counties

•No photos are allowed for corporation/partnership registrations

B&P 22355(b)

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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)

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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

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REVIEWING THE INDIVIDUAL APPLICATION• Application for an Individual B&P

22351

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 application

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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:

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• 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

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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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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 22354– If the applicant is filing a renewal, the bond

may have a delayed renewal dateB&P 22354

• Applicant has signed the bond as “Principal”

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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)

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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

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

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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

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

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– 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)

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*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

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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. 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

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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

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REVIEWING LIVE SCAN REQUEST

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

• 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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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

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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)

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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

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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)

•$7+ 1st page, $3 each additional page to Recorder GC 27361

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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

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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)

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EXPIRATION DATECompare:

– 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

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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.):

–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”

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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.):• 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

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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

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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)

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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)

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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

Pg. 1

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Guidelines-Live Scan Request

Pg. 2

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Fingerprint Follow-Up Request

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No Longer Interested Notice

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REVOCATION LETTER

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REVOCATION MEMO TO JUDGE

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REVOCATION MEMO FROM JUDGE

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Process Server Temporary ID

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Process Server Individual & Corp ID

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REGISTRATIONS AT-A-GLANCE

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CORPORATION/PARTNERSHIP FILINGS

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

Documents

application slide

b slide

process slide

state slide

napa county slide

ventura county slide

general fees

bond bp