22350. (a) Any natural person who makes more than 10 services ofprocess within this state during one calendar year, for specificcompensation or in expectation of specific compensation, where thatcompensation is directly attributable to the service of process,shall file and maintain a verified certificate of registration as aprocess server with the county clerk of the county in which he or sheresides or has his or her principal place of business. Anycorporation or partnership that derives or expects to derivecompensation from service of process within this state shall alsofile and maintain a verified certificate of registration as a processserver with the county clerk of the county in which the corporationor partnership has its principal place of business. (b) This chapter shall not apply to any of the following: (1) Any sheriff, marshal, or government employee who is actingwithin
the course and scope of his or her employment. (2) An attorney or his or her employees, when serving processrelated to cases for which the attorney is providing legal services. (3) Any person who is specially appointed by a court to serve itsprocess. (4) A licensed private investigator or his or her employees. (5) A professional photocopier registered under Section 22450, oran employee thereof, whose only service of process relates tosubpoenas for the production of records, which subpoenas specify thatthe records be copied by that registered professional photocopier.22351. (a) The certificate of registration of a registrant who is anatural person shall contain the following: (1) The name, age, address, and telephone number of theregistrant. (2) A statement, signed by the registrant under penalty ofperjury, that the registrant has not been convicted of a felony,
or,if the registrant has been convicted of a felony, a copy of acertificate of rehabilitation, expungement, or pardon. (3) A statement that the registrant has been a resident of thisstate for a period of one year immediately preceding the filing ofthe certificate. (4) A statement that the registrant will perform his or her dutiesas a process server in compliance with the provisions of lawgoverning the service of process in this state. (b) The certificate of registration of a registrant who is apartnership or corporation shall contain the following: (1) The names, ages, addresses, and telephone numbers of thegeneral partners or officers. (2) A statement, signed by the general partners or officers underpenalty of perjury, that the general partners or officers have notbeen convicted of a felony. (3) A statement that the partnership or corporation has beenorganized
and existing continuously for a period of one yearimmediately preceding the filing of the certificate or a responsiblemanaging employee, partner, or officer has been previously registeredunder this chapter. (4) A statement that the partnership or corporation will performits duties as a process server in compliance with the provisions oflaw governing the service of process in this state. (c) The county clerk shall retain the certificate of registrationfor a period of three years following the expiration date of thecertificate, after which time the certificate may be destroyed if itis scanned or if the conditions specified in Section 26205.1 of theGovernment Code are met. If the certificate is scanned, the scannedimage shall be retained for a period of 10 years, after which timethat image may be destroyed and, notwithstanding Section 26205.1 ofthe Government Code, no reproduction thereof need be
made orpreserved.22351.5. (a) At the time of filing an initial certificate ofregistration or renewing a certificate of registration that haslapsed, the registrant shall also submit a completed Request for LiveScan form confirming fingerprint submission to the Department ofJustice and the Federal Bureau of Investigation, in order to verifythat the registrant has not been convicted of a felony. The clerkshall utilize the Subsequent Arrest Notification Contract provided bythe Department of Justice for notifications subsequent to theinitial certificate of registration. (b) If, after receiving the results of the Request for Live Scan,the clerk is advised that the registrant has been convicted of afelony, the presiding judge of the superior court of the county inwhich the certificate of registration is maintained is authorized toreview the criminal record and, unless the registrant is able
toproduce a copy of a certificate of rehabilitation, expungement, orpardon, as specified in paragraph (2) of subdivision (a) of Section22351, notify the registrant that the registration is revoked. Anorder to show cause for contempt may be issued and served upon anyperson who fails to surrender a registered process serveridentification card after a notice of revocation.22352. At the time of filing the initial certificate ofregistration, a registrant shall pay the following fees to the countyclerk: (a) A fee of one hundred dollars ($100). (b) A fee to cover the actual costs of processing the completedfingerprint cards when submitted with the initial certificate ofregistration. (c) A fee to cover the actual cost of issuing a registered processserver identification card.22353. (a) A certificate of registration shall be accompanied by abond of two thousand
dollars ($2,000), executed by an admitted suretyinsurer and conditioned upon compliance with the provisions of thischapter and all laws governing the service of process in this state.The total aggregate liability on the bond is limited to two thousanddollars ($2,000). As an alternative to the bond, the registrant maydeposit with the clerk, cash or a money order in the amount of twothousand dollars ($2,000). (b) The county clerk shall, upon filing the bond, deliver the bondforthwith to the county recorder for recording. The recording feespecified in Section 27361 of the Government Code shall be paid bythe registered process server. The fee may be paid to the countyclerk, who shall transmit it to the recorder. (c) The fee for filing, canceling, revoking, or withdrawing thebond is seven dollars ($7). (d) The county recorder shall record the bond and any notice ofcancellation, revocation, or
withdrawal of the bond, and shallthereafter mail the instrument, unless specified to the contrary, tothe person named in the instrument and, if no person is named, to theparty leaving it for recording. The recording fee specified inSection 27361 of the Government Code for the notice of cancellation,revocation, or withdrawal of the bond shall be paid to the countyclerk, who shall transmit it to the county recorder.22354. A certificate of registration shall be effective for aperiod of two years or until the date the bond expires, whicheveroccurs first. Thereafter, a registrant shall file a new certificateof registration or a renewal of the certificate of registration andpay the fee required by Section 22352. A certificate of registrationmay be renewed up to 60 days prior to its expiration date and theeffective date of the renewal shall be the date the currentregistration expires. The
renewal shall be effective for a period oftwo years from the effective date or until the expiration date of thebond, whichever occurs first.22355. (a) The county clerk shall maintain a register of processservers and assign a number and issue an identification card to eachprocess server. The county clerk shall issue a temporaryidentification card, for no additional fee, to applicants who arerequired to submit Request for Live Scan forms for background checksto the Federal Bureau of Investigation and the Department of Justice.This card shall be valid for 120 days. If clearance is received fromthe Federal Bureau of Investigation and the Department of Justicewithin 120 days, the county clerk shall immediately issue a permanentidentification card to the applicant. Upon request of the applicant,the permanent identification card shall be mailed to the applicantat his or her address of record.
Upon renewal of a certificate ofregistration, the same number shall be assigned, provided there is nolapse in the period of registration. (b) The temporary and permanent identification cards shall be notless than 3 1/4 inches by 2 inches and shall contain at the top thetitle, “Registered Process Server,” followed by the registrant’sname, address, registration number, date of expiration, and county ofregistration. In the case of a natural person, it shall also containa photograph of the registrant in the lower left corner. Theidentification card for a partnership or corporation registrationshall be issued in the name of the partnership or corporation, andshall not contain a photograph.22356. A registrant shall be responsible at all times for the goodconduct of his or her employees acting within the course or scope oftheir employment, and any person acting as an independent
contractorwithin the course or scope of the agency relationship with theregistrant.22356.5. (a) In addition to the information required by subdivision(b) of Section 22360, any proof of service of any process which issigned by an independent contractor of a registrant under thischapter shall indicate that the proof of service was signed as anindependent contractor of a registered process server. The proof ofservice shall indicate the county of registration and the numberassigned pursuant to Section 22355 of both the independent contractorand the entity registered under this chapter. (b) No registrant shall permit any individual to sign any proof ofservice of any process as an independent contractor unless all ofthe following conditions are met: (1) The independent contractor is performing pursuant to a writtenindependent contractor agreement with the registrant. (2) The
independent contractor supplies proof of bonding underSection 22353, if applicable. (3) The registrant exercises minimal supervision or control overthe means of accomplishing the service of any process assigned by theregistrant. The registrant may communicate a deadline for theservice of process and request notification that such service hasbeen completed. (4) The registrant imposes no restrictions on the independentcontractor’s ability to perform services for others registered underthis chapter. (5) The independent contractor supplies proof that any requiredbusiness licenses have been obtained. (c) Persons not meeting the criteria of subdivision (b) shall betreated as employees of the registrant while persons meeting thecriteria of subdivision (b) shall be treated as independentcontractors. (d) This section shall not preclude an independent determinationof employment under
any other provision of law.22357. (a) Any person who recovers damages in any action orproceeding for injuries caused by a service of process which was madeby a registrant and did not comply with the provisions of lawgoverning the service of process in this state may recover the amountof the damages from the bond required by Section 22353. (b) Whenever there has been a recovery against a bond undersubdivision (a), the registrant shall file a new bond or cash depositwithin 30 days to reinstate the bond or cash deposit to the amountrequired by Section 22353. If the registrant does not file the bondwithin 30 days, the certificate of registration shall be revoked andthe remainder of the bond forfeited to the county treasury.22358. (a) A certificate of registration may be revoked orsuspended whenever it has been determined that the registrant hasmade a service of process,
including service completed by an employeeor independent contractor of the registrant, which does not complywith the provisions of law governing the service of process in thisstate or constitutes an improper service of process not amounting toa violation of law. (b) An investigation concerning the revocation or suspension of acertificate of registration may be commenced at any time at theoption of the county clerk if the county clerk deems it to beappropriate. A complaint by any person who has alleged that he or shehas been injured by a service of process shall be investigated bythe public prosecutor. The investigation shall determine if theregistrant complied with the provisions of law governing the serviceof process or constituted improper service of process not amountingto a violation of the law. (c) If the public prosecutor determines from the investigationthat cause may exist for the
suspension or revocation of thecertificate of registration, he or she shall set the matter forhearing and give notice to the registrant. That hearing shall beconducted in accordance with Chapter 5 (commencing with Section11500) of Division 3 of Title 2 of the Government Code except thatthe decision of the administrative law judge shall be final. For thepurposes of those provisions, the public prosecutor shall be deemedto be the agency. (d) If, after the hearing, the county clerk is notified after thedecision has become effective that the administrative law judge hasdirected that the registrant’s certificate be suspended or revoked,the county clerk shall forthwith suspend or revoke the certificate.If the certificate is revoked, the bond or cash deposit required bySection 22353 shall be forfeited to the county treasury subject tothe right of a person to recover against the bond or cash
depositunder Section 22357.22359. Any person who violates any of the provisions of thischapter is guilty of a misdemeanor.22360. Any proof of service of any process which is signed by aregistrant under this chapter shall indicate the county in which heor she is registered and the number assigned to him or her by Section22355.