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

2. Carla Reinking, Sonoma County 2

3. 3 PROFESSIONAL PHOTOCOPIERS

4. 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. 5

6. PRESENTATION CONTENTS General Facts Fee Reviewing the application – Individual – Corporation or Partnership 6

7. PRESENTATION CONTENTS (cont.): Notary Requirement Bond Registration number Expiration date 7

8. PRESENTATION CONTENTS (cont.): Issuing ID cards – Applicant – Employee Revocation Miscellaneous 8

9. GENERAL FACTS Professional Photocopiers are mandated by: CA Business & Professions Code Sections 22450 – 22463 CLERKS REFERENCE MANUAL (CRM) PAGES 56 - 62 9

10. GENERAL FACTS (cont.): Applications & Indices are a public record Public Records Act GC 6253 et seq. Term of Registration: 2 Years, OR Date bond expires, whichever occurs first B&P 22456 10

11. 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 11

12. GENERAL FACTS (cont.): Persons required to file - B&P 22450 – Any person, corporation or partnership who for compensation obtains or reproduces documents and, while performing his/her duties, has access to the information contained therein 12

13. GENERAL FACTS (cont.): Persons not required to file – B&P 22451: – Government employee acting in the course of their employment – State Bar member or his/her employee, agent or independent contractor 13

14. GENERAL FACTS (cont.): – Person appointed by a court to reproduce a record – Employee of a licensed Professional Photocopier – Any custodian of records making his/her own copies 14

15. GENERAL FACTS (cont.): – Certified shorthand reporter, official court reporter, stenotype operator making his/her own copies – Licensed Private Investigator (or employee) – The Office of the Secretary of State 15

16. GENERAL FACTS (cont.): Registrations are filed in: – County of residence or principal place of business AND – County in which he or she maintains a branch office B&P 22450 16

17. GENERAL FACTS (cont.): Notary requirements: – At least one person involved in the management of the Professional Photocopier business is required to hold a current commission as a Notary Public in this State B&P 22454 17

18. GENERAL FACTS (cont.): Bond Requirements – $5,000, 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 22455 18

19. GENERAL FACTS (cont.): Fees – B&P 22453 & 22455(a)(2) – $182 - Registration & filing bond If also a licensed Process Server, fee is – $107 – Registration & filing bond Plus – Recorder fees vary by county; check with your local Recorder for the current recording fees GC 27361 19

20. GENERAL FACTS (cont.): Photos: – Passport size (or smaller) – Passport photo not required in all counties – No photos are allowed for corporation/partnership registrations B&P 22457(b) 20

21. FEES Clerk fees: – $182 (Includes 1 st ID card) $175 Registration + $7 File stamp bond Additional cards $10 each - B&P 22453 Recorder fees: Recorder fees vary by county; check with your local Recorder for the current recording fees OR 21

22. FEES (cont.): If also a licensed Process Server: Clerk fees: $ 107 B&P 22453.1 & 22455(2) $100 Registration + $7 File stamp bond Additional cards $10 each - B&P 22453 Recorder fees: Recorder fees vary by county; check with your local Recorder for the current recording fees 22

23. REVIEWING THE INDIVIDUAL APPLICATION Application for an Individual B&P 22452 – Name, age and telephone number are provided – Address is included (can be a mailing) – Notary information is provided 23

24. INDIVIDUAL APPLICATION (cont.): – If applicant has been convicted of a felony Requires a “NO” response on the application – If a “Yes” response is given, you should advise the applicant that they do not meet the filing requirements and reject the application 24

25. INDIVIDUAL APPLICATION (cont.): – Applicant has the proper filing fees as shown on slide 19 – Passport size photo (or smaller) is provided –Some counties do not require the applicant to provide their own photo 25

26. INDIVIDUAL APPLICATION (cont.): – Original bond for $5,000 is submitted Is in the name of the applicant In favor of the County of filing Covers the 2 year registration period – If bond is less than 2 years, registration will expire when the bond expires – – If applicant is filing a renewal, bond may have a delayed renewal date B&P 22456 26

27. INDIVIDUAL APPLICATION (cont.): – Application is executed and signed under penalty of perjury, is dated, and contains an original signature 27

28. REVIEWING THE CORPORATE / PARTNERSHIP APPLICATION Application for Corporation or Partnership – B&P 22452 – Name, age and telephone number of each corporate officer or general partner, as applicable, are provided – Address is included (can be a mailing) 28

29. CORPORATE APPLICATION (cont.): – Applicant has the proper filing fees as shown on slide 19 – Notary information is provided Notary can be any person involved in the management of the professional photocopier It does not need to be one of the corporate officers or general partners 29

30. CORPORATE APPLICATION (cont.): – If a corporate officer or general partner has been convicted of a felony Requires a “NO” response for each corporate officer or general partner on the application – If a “Yes” response is given, you should advise the applicant that they do not meet the filing requirements and reject the application 30

31. CORPORATE APPLICATION (cont.): – Original bond for $5,000 is submitted Is in the name of the corporation or partnership In favor of the County of filing Covers the 2 year registration period 31

32. CORPORATE APPLICATION (cont.): A corporate officer or general partner has signed the bond as “Principal” on behalf of the corporation or partnership – If the bond is less than 2 years, the registration will expire when the bond expires – B&P 22456 – If the applicant is filing a renewal, the bond may have a delayed renewal date – B&P 22456 32

33. CORPORATE APPLICATION (cont.): – Application is executed under penalty of perjury by all corporate officers or general partners, is dated, and contains original signatures 33

34. BOND After confirming bond meets requirements listed on slide 26 for an individual or slide 31 for a corporation/partnership: – Verify there is enough room at the top for the recording stamp Or, attach a cover page and collect additional recording fee 34

35. BOND (cont.): – Applicant’s Name and Address are shown in upper left-hand corner after the phrase, “When recorded return to:” – File stamp bond where it will fit without covering text or recording space – Send bond & recording fee to Recorder It’s recommended your records contain the surety name in case you receive notification from Dept. of Insurance the surety is no longer authorized in CA 35

36. BOND (cont.): If a notice of cancellation, revocation, or withdrawal of bond is received – Confirm notice pertains to a current registration – Confirm filing is correct & recording fees included $7 Filing fee to County Clerk B&P 22455(2) – Recorder fees vary by county; check with your local Recorder for the current recording fees GC 27361 36

37. BOND (cont.): – Send registrant a certified letter requiring submission of a new bond within 30 days or registration will be revoked and the number will be retired Bonds given as a condition of a license or permit shall be continuous in form, remain in full force & effect, and run concurrently with the license or permit period or renewal, or until cancellation/withdrawal of the surety from the bond - CCP 995.440 37

38. REGISTRATION NUMBER When applicant files a new registration or previous registration has lapsed: – Assign the next consecutive number from Registration Log When applicant renews and there is no lapse in the registration period: – Copy previous registration number to new application B&P 22457(a) 38

39. EXPIRATION DATE Compare: – Date that ends 2 year registration term TO – Expiration date shown on bond Choose the earliest date – B&P 22456 – Enter this date: On application expiration date ID card Professional Photocopier Index 39

40. ISSUING ID CARDS Mandated ID card requirements: Term of registration – Employee ID cards B&P 22451(d) & 22453 – Card specifications Not less than 3-1/4” x 2” B&P 22457(b) 40

41. ISSUING ID CARDS (cont.): Mandated ID card requirements (cont.): – Card shall contain: Title – Professional Photocopier Registrant’s name, address Name of County of registration 41

42. ISSUING ID CARDS (cont.): Registration expiration date Registration number Photograph in lower left corner – If a natural person (i.e. individual or employee) – Corporations & Partnerships ID cards do not contain photographs 42

43. REVOCATION The county clerk is required to revoke the registration upon receipt of a court document or record stating the registrant has been found guilty of a misdemeanor violation of this chapter, or that a civil judgment has been entered against the registrant in an action arising out of an improper disclosure or transmittal of confidential information - B&P 22460 43

44. REVOCATION (cont.): If an order to revoke is received – 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 44

45. 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 22452(c) 45

46. MISCELLANEOUS Complaints regarding professional photocopiers are investigated by the District Attorney – B&P 22460.5(c) – District Attorney will determine whether or not a registration shall be revoked or suspended 46

47. MISCELLANEOUS (cont.): A registrant whose certificate of registration is suspended or revoked shall be entitled to challenge the decision in a court of competent jurisdiction B&P 22461 Data entry as required in your system and/or add to registration list/index 47

48. INDIVIDUAL PHOTOCOPIER 48

49. CORPORATION/PARTNERSHIP PHOTOCOPIER 49

50. PROFESSIONAL PHOTOCOPIER ID 50

51. REGISTRATIONS AT-A-GLANCE 51