§ 6406. — 6406. (Amended by Stats. 2019, Ch. 128, Sec. 7.)

California § 6406.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 3.: DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY
• Ch. 5.5.: CHAPTER 5.5. Legal Document Assistants and Unlawful Detainer Assistants
• Art. 2.: ARTICLE 2. Registration Procedures

Text

(a)
If granted, a certificate of registration shall be effective for a period of two years, until the date the bond expires, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the amount of the bond in effect, whichever occurs first. Thereafter, a registrant shall file a new certificate of registration or a renewal of the certificate of registration and pay the fee required by Section 6404, and increase the amount of the bond if required to comply with subdivision (a) of Section 6405. A certificate of registration that is currently effective may be renewed up to 60 days prior to its expiration date and the effective date of the renewal shall be the date the current registration expires. The renewal shall be effective
for a period of two years from the effective date or until the expiration date of the bond, or until the total number of legal document assistants and unlawful detainer assistants employed by a partnership or corporation exceeds the number allowed for the dollar amount of the bond in effect, whichever occurs first.
(b)
Except as provided in subdivisions (d) to (f), inclusive, an applicant shall be denied registration or renewal of registration if the applicant has been any of the following:
(1)
Convicted of a felony, or of a misdemeanor under Section 6126 or 6127, or found liable under Section 6126.5.
(2)
Held liable in a civil action by final judgment or entry of a stipulated judgment, if the action alleged fraud, or the use of an untrue or misleading representation, or the use of an unfair, unlawful, or deceptive
business practice.
(3)
Convicted of a misdemeanor violation of this chapter.
(4)
Had a civil judgment entered against them in an action arising out of the applicant’s negligent, reckless, or willful failure to properly perform their obligation as a legal document assistant or unlawful detainer assistant.
(5)
Had
their registration revoked pursuant to Section 6413.
(c)
If the county clerk finds that the applicant has failed to demonstrate having met the requisite requirements of Section 6402, 6402.1, or 6402.2, or that any of the paragraphs of subdivision (b) apply, the county clerk, within three business days of submission of the application and fee, shall return the application and fee to the applicant with a notice to the applicant indicating the reason for the denial and the method of appeal.
(d)
The denial of an application may be appealed by the applicant by submitting, to the director, the following:
(1)
The completed application and notice from the county clerk specifying the reasons for the denial of the application.
(2)
A copy of any final judgment or order that resulted from any conviction or civil judgment listed on the application.
(3)
Any relevant information the applicant wishes to include for the record.
(e)
The director shall order the applicant’s certificate of registration to be granted if the director determines that the issuance of a certificate of registration is not likely to expose consumers to a significant risk of harm based on a review of the application and any other information relating to the applicant’s unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall order the applicant’s certificate of registration to be denied if the director determines that issuance of a certificate of registration is likely to expose consumers to a significant risk of harm based on a review of the application and any
other information relating to the applicant’s unlawful act or unfair practice described in paragraphs (1) to (5), inclusive, of subdivision (b). The director shall send to the applicant and the county clerk a written decision listing the reasons registration shall be granted or denied within 30 days of the submission of the matter.
(f)
If the director orders that the certificate of registration be granted, the applicant may resubmit the application, with the appropriate application fee and the written decision of the director. The county clerk shall grant the certificate of registration to the applicant within three business days of being supplied this information.

Legislative History

Amended by Stats. 2019, Ch. 128, Sec. 7. (AB 1213) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 6401.7.