§ 22356.5. — 22356.5. (Amended by Stats. 1997, Ch. 442, Sec. 8.)

(a)
In addition to the information required by subdivision (b) of Section 22360, any proof of service of any process which is signed by an independent contractor of a registrant under this chapter shall indicate that the proof of service was signed as an independent contractor of a registered process server. The proof of service shall indicate the county of registration and the number assigned pursuant to Section 22355 of both the independent contractor and the entity registered under this chapter.
(b)
No registrant shall permit any individual to sign any proof of service of any process as an independent contractor unless all of the following conditions are met:
(1)
The independent contractor is performing pursuant to a written independent contractor agreement with the registrant.
(2)
The independent contractor supplies proof of bonding under Section 22353, if applicable.
(3)
The registrant exercises minimal supervision or control over the means of accomplishing the service of any process assigned by the registrant. The registrant may communicate a deadline for the service of process and request notification that such service has been completed.
(4)
The registrant imposes no restrictions on the independent contractor’s ability to perform services for others registered under this chapter.
(5)
The independent contractor supplies proof that any required business licenses have been obtained.
(c)
Persons not meeting the criteria of subdivision (b) shall be treated as employees of the registrant while persons meeting the criteria of subdivision (b) shall be treated as independent contractors.
(d)
This section shall not preclude an independent determination of employment under any other provision of law.

Legislative History

Amended by Stats. 1997, Ch. 442, Sec. 8. Effective January 1, 1998.