COUNTY CLERK 5TH ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS - PowerPoint PPT Presentation

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COUNTY CLERK 5TH ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS

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Title: COUNTY CLERK 5TH ANNUAL STAFF WORKSHOP PROFESSIONAL REGISTRATIONS


1
COUNTY CLERK 5TH ANNUAL STAFF WORKSHOP PROFESSIONA
L REGISTRATIONS
WE GET BY WITH A LITTLE HELP FROM OUR FRIENDS
  • Prepared by
  • Vicki Petersen, Sonoma County
  • Nancy Turner, Napa County

2
AND PRESENTED TO YOU TODAY BY
  • Nancy Turner, Napa County
  • Carla Reinking, Sonoma County

3
All you ever wanted to know about
PROFESSIONAL PHOTOCOPIERS
4
BUT 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.
5
WARNING!
  • 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.

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

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

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

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

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
  • BP 22456

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

12
GENERAL 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

13
GENERAL 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

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

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

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
  • BP 22450

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
  • BP 22454

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
    BP 22455

19
GENERAL 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

20
GENERAL 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)

21
FEES
  • 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

22
FEES (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

23
REVIEWING 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

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

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

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
  • BP 22456

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

28
REVIEWING 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)

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

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

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

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
    BP 22456
  • If the applicant is filing a renewal, the bond
    may have a delayed renewal date BP 22456

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

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

35
BOND (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

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 BP 22455(2)
  • Recorder fees vary by county check with your
    local Recorder for the current recording fees
    GC 27361

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

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
  • BP 22457(a)

39
EXPIRATION 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

40
ISSUING 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)

41
ISSUING ID CARDS (cont.)
  • Mandated ID card requirements (cont.)
  • Card shall contain
  • Title Professional Photocopier
  • Registrants name, address
  • Name of County of registration

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

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 -
    BP 22460

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

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
  • BP 22452(c)

46
MISCELLANEOUS
  • 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

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
  • BP 22461
  • Data entry as required in your system and/or add
    to registration list/index

48
INDIVIDUAL PHOTOCOPIER
49
CORPORATION/PARTNERSHIP PHOTOCOPIER
50
PROFESSIONAL PHOTOCOPIER ID
51
REGISTRATIONS AT-A-GLANCE
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