California Repossession Agency License Defense Attorney

California Bureau of Security and Investigative Services License Defense Lawyer

The California Bureau of Security and Investigative Services, known as BSIS, licenses Repossession Agencies in the State of California. Most California Repossession Agencies have minimal or no contact with the enforcement arm of the California Bureau of Security and Investigative Services. For Repossession Agencies who become part of the California Bureau of Security and Investigative Services’ disciplinary process, the consequences are profound. The Repossession Agency License disciplinary process is complex, procedural and time consuming. Repossession Agencies facing the California Bureau of Security and Investigative Services disciplinary process should seek legal representation from an experienced California Repossession Agency License Defense Attorney.

California Bureau of Security and Investigative Services Investigation Defense Lawyer

The majority of California Bureau of Security and Investigative Services investigations begin with the filing of a consumer Complaint. However, California Bureau of Security and Investigative Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau of Security and Investigative Services employs non sworn Program Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Repossession Agencies. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Bureau of Security and Investigative Services disciplinary process. At the conclusion of a California Bureau of Security and Investigative Services investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau can also choose to refer the matter to the California Attorney General’s Office. The California Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Bureau may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Repossession Agency Licensee facing a California Bureau of Security and Investigative Services investigation, contact a California Bureau of Security and Investigative Services License Defense Attorney for representation.

California Repossession Agency License Accusation Defense Attorney

A formal Accusation served on a California Repossession Agency Licensee serves as notice to a Repossession Agency that the Bureau intends to revoke the Repossession Agencies’ License. The Repossession Agency, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Repossession Agency. A Default will result in the immediate Revocation of the Repossession Agencies License.

An Accusation is a serious matter that can result in the suspension or revocation of a Repossession Agency License in California. In many cases, it is possible for Repossession Agencies to reach a Stipulated Agreement with the California Bureau of Security and Investigative Services. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Repossession Agencies facing a California Bureau of Security and Investigative Services Accusation should contact an experienced California Repossession Agency License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Repossession Agencies include:

California Repossession Agency License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Bureau of Security and Investigative Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau of Security and Investigative Services’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Repossession Agency to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Repossession Agency can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Repossession Agencies facing a California Bureau of Security and Investigative Services Administrative Law Hearing need effective representation from a California Repossession Agency License Defense Lawyer.

California Repossession Agency License and Criminal Convictions

The California Bureau of Security and Investigative Services can discipline Repossession Agency owners, corporate officers and staff members for criminal convictions. California Bureau of Security and Investigative Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Repossession Agency owner, corporate officer or staff member. Common criminal offenses that can cause Repossession Agency License discipline are:

The California Bureau of Security and Investigative Services and other law enforcement agencies also investigate criminal conduct by Repossession Agency staff members in the course and scope of their trade. Criminal investigations often involve Repossession Agency staff members engaged in Burglary, Theft and Trespass. In serious criminal cases against Repossession Agency staff members pending in Criminal Court, the California Bureau of Security and Investigative Services and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Repossession Agencies’ staff members. A California Penal Code § 23 Order seeks to suspend a Repossession Agency License and bar staff members from facilities in Criminal Court.

Repossession Agency owners, corporate officers, and staff members facing criminal charges and Repossession Agencies who are convicted of criminal offenses need an experienced California Repossession Agency License Defense Attorney for representation in disciplinary proceedings before the California Bureau of Security and Investigative Services.

California Repossession Agency License Statement of Issues Attorney

The California Bureau of Security and Investigative Services thoroughly investigates all applicants for Repossession Agency Licenses. The California Bureau of Security and Investigative Services may deny a California Repossession Agency License for a variety of reasons. Most California Repossession Agency License denials occur due to criminal convictions, financial problems or misstatements on the Repossession Agency License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Repossession Agency License should contact a California Repossession Agency License Denial Lawyer for representation in a California Bureau of Security and Investigative Services Statement of Issues Hearing.

California Repossession Agency License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Repossession Agencies who have received a Repossession Agency License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Repossession Agency License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau of Security and Investigative Services. A successful Repossession Agency License Petition for Reinstatement requires representation by an experienced California Repossession Agency License Defense Attorney.