Title: COUNTY CLERK 5TH ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS
1COUNTY CLERK5TH ANNUAL STAFF WORKSHOPPROFESSIONA
L REGISTRATIONS
WE GET BY WITH A LITTLE HELP FROM OUR FRIENDS
- Prepared by
- Vicki Petersen, Sonoma County
- Nancy Turner, Napa County
2AND PRESENTED TO YOU TODAY BY
- Nancy Turner, Napa County
- Carla Reinking, Sonoma County
3All you ever wanted to know about
PROFESSIONAL PHOTOCOPIERS
4BUT FIRSTA 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.
5WARNING!
- 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.
6PRESENTATION CONTENTS
- General Facts
- Fee
- Reviewing the application
- Individual
- Corporation or Partnership
7PRESENTATION CONTENTS (cont.)
- Notary Requirement
- Bond
- Registration number
- Expiration date
8PRESENTATION CONTENTS (cont.)
- Issuing ID cards
- Applicant
- Employee
- Revocation
- Miscellaneous
9GENERAL FACTS
- Professional Photocopiers
- are mandated by
- CA Business Professions Code
- Sections 22450 22463
- CLERKS REFERENCE MANUAL (CRM)
- PAGES 56 - 62
10GENERAL 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
- BP 22456
11GENERAL 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
12GENERAL FACTS (cont.)
- Persons required to file - BP 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
13GENERAL FACTS (cont.)
- Persons not required to file BP 22451
- Government employee acting in the course of their
employment - State Bar member or his/her employee, agent or
independent contractor
14GENERAL 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
15GENERAL 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
16GENERAL 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 - BP 22450
17GENERAL 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 - BP 22454
18GENERAL 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
BP 22455
19GENERAL FACTS (cont.)
- Fees BP 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
20GENERAL FACTS (cont.)
- Photos
- Passport size (or smaller)
- Passport photo not required in all counties
- No photos are allowed for corporation/partnership
registrations - BP 22457(b)
21FEES
- Clerk fees
- 182 (Includes 1st ID card)
- 175 Registration 7 File stamp bond
- Additional cards 10 each - BP 22453
- Recorder fees
- Recorder fees vary by county check with your
local Recorder for the current recording fees - OR
22FEES (cont.)
- If also a licensed Process Server
- Clerk fees
- 107 BP 22453.1 22455(2)
- 100 Registration 7 File stamp bond
- Additional cards 10 each - BP 22453
- Recorder fees
- Recorder fees vary by county check with your
local Recorder for the current recording fees
23REVIEWING THE INDIVIDUAL APPLICATION
- Application for an Individual BP 22452
- Name, age and telephone number are provided
- Address is included (can be a mailing)
- Notary information is provided
24INDIVIDUAL 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
25INDIVIDUAL 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
26INDIVIDUAL 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 - BP 22456
27INDIVIDUAL APPLICATION (cont.)
- Application is executed and signed under penalty
of perjury, is dated, and contains an original
signature
28REVIEWING THE CORPORATE / PARTNERSHIP APPLICATION
- Application for Corporation or Partnership BP
22452 - Name, age and telephone number of each corporate
officer or general partner, as applicable, are
provided - Address is included (can be a mailing)
29CORPORATE 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
30CORPORATE 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
31CORPORATE 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
32CORPORATE 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
BP 22456 - If the applicant is filing a renewal, the bond
may have a delayed renewal date BP 22456
33CORPORATE APPLICATION (cont.)
- Application is executed under penalty of perjury
by all corporate officers or general partners, is
dated, and contains original signatures
34BOND
- 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
35BOND (cont.)
- Applicants 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
- Its recommended your records contain the surety
name in case you receive notification from Dept.
of Insurance the surety is no longer authorized
in CA
36BOND (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 BP 22455(2)
- Recorder fees vary by county check with your
local Recorder for the current recording fees
GC 27361
37BOND (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
38REGISTRATION 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 - BP 22457(a)
39EXPIRATION DATE
- Compare
- Date that ends 2 year registration term
- TO
- Expiration date shown on bond
- Choose the earliest date BP 22456
- Enter this date
- On application expiration date
- ID card
- Professional Photocopier Index
40ISSUING ID CARDS
- Mandated ID card requirements
- Term of registration
- Employee ID cards
- BP 22451(d) 22453
- Card specifications
- Not less than 3-1/4 x 2
- BP 22457(b)
41ISSUING ID CARDS (cont.)
- Mandated ID card requirements (cont.)
- Card shall contain
- Title Professional Photocopier
- Registrants name, address
- Name of County of registration
42ISSUING 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
43REVOCATION
- 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 -
BP 22460
44REVOCATION (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
45RETENTION
- 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 - BP 22452(c)
46MISCELLANEOUS
- Complaints regarding professional photocopiers
are investigated by the District Attorney BP
22460.5(c) - District Attorney will determine whether or not a
registration shall be revoked or suspended
47MISCELLANEOUS (cont.)
- A registrant whose certificate of registration is
suspended or revoked shall be entitled to
challenge the decision in a court of competent
jurisdiction - BP 22461
- Data entry as required in your system and/or add
to registration list/index
48INDIVIDUAL PHOTOCOPIER
49CORPORATION/PARTNERSHIP PHOTOCOPIER
50PROFESSIONAL PHOTOCOPIER ID
51REGISTRATIONS AT-A-GLANCE