6510-6520
BUSINESS AND PROFESSIONS CODE
SECTION 6510-6520
6510. (a) There is within the jurisdiction of the department the
Professional Fiduciaries Bureau. The bureau is under the supervision
and control of the director. The duty of enforcing and administering
this chapter is vested in the chief of the bureau, who is responsible
to the director. Every power granted or duty imposed upon the
director under this chapter may be exercised or performed in the name
of the director by a deputy director or by the chief, subject to
conditions and limitations as the director may prescribe.
(b) The Governor shall appoint, subject to confirmation by the
Senate, the chief of the bureau, at a salary to be fixed and
determined by the director with the approval of the Director of
Finance. The chief shall serve under the direction and supervision of
the director and at the pleasure of the Governor.
(c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.The repeal of this section renders the bureau subject to
the review required by Division 1.2 (commencing with Section 473).
Notwithstanding any other provision of law, upon the repeal of
this section, the responsibilities and jurisdiction of the bureau
shall be transferred to the Professional Fiduciaries Advisory
Committee, as provided by Section 6511.
6511. (a) There is within the bureau a Professional Fiduciaries
Advisory Committee. The committee shall consist of seven members;
three of whom shall be licensees actively engaged as professional
fiduciaries in this state, and four of whom shall be public members.
One of the public members shall be a member of a nonprofit
organization advocating on behalf of the elderly, and one of the
public members shall be a probate court investigator.
(b) Each member of the committee shall be appointed for a term of
four years, and shall hold office until the appointment of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever first
occurs.
(c) Vacancies shall be filled by the appointing power for the
unexpired portion of the terms in which they occur. No person shall
serve as a member of the committee for more than two consecutive
terms.
(d) The Governor shall appoint the member from a nonprofit
organization advocating on behalf of the elderly, the probate court
investigator, and the three licensees. The Senate Committee on Rules
and the Speaker of the Assembly shall each appoint a public member.
(e) Every member of the committee shall receive per diem and
expenses as provided in Sections 103 and 113.
(f) The committee shall do all of the following:
(1) Examine the functions and policies of the bureau and make
recommendations with respect to policies, practices, and regulations
as may be deemed important and necessary by the director or the chief
to promote the interests of consumers or that otherwise promote the
welfare of the public.
(2) Consider and make appropriate recommendations to the bureau in
any matter relating to professional fiduciaries in this state.
(3) Provide assistance as may be requested by the bureau in the
exercise of its powers or duties.
(4) Meet at least once each quarter. All meetings of the committee
shall be public meetings.
(g) The bureau shall meet and consult with the committee regarding
general policy issues related to professional fiduciaries.
(h) Notwithstanding any other provision of law, if the bureau
becomes inoperative or is repealed in accordance with Section 6510,
or by subsequent acts, the committee shall succeed to and is vested
with all the duties, powers, purposes, responsibilities, and
jurisdiction, not otherwise repealed or made inoperative, of the
bureau and its chief. The succession of the committee to the
functions of the bureau as provided in this subdivision shall
establish the committee as the Professional Fiduciaries Committee in
the department within the meaning of Section 22, and all references
to the bureau in this code shall be considered as references to the
committee.
6513. The bureau may employ, subject to civil service and other
provisions of law, other employees as may be necessary to carry out
the provisions of this chapter under the direction of the
chief.
6514. The bureau shall keep a complete record of all its
proceedings and all licenses issued, renewed, or revoked, and a
detailed statement of receipts and disbursements.
6515. The duty of administering and enforcing this chapter is
vested in the bureau and the chief. In the performance of this duty,
the bureau and the chief have all of the powers of, and are subject
to all of the responsibilities vested in and imposed upon, the head
of a department by Chapter 2 (commencing with Section 11150) of Part
1 of Division 3 of Title 2 of the Government Code.
6516. Protection of the public shall be the highest priority for
the bureau in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
6517. The bureau may adopt, amend, or repeal, in accordance with
the provisions of the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code), regulations necessary to enable the bureau to
carry into effect the provisions of law relating to this chapter.
6518. (a) The bureau shall be responsible for administering the
licensing and regulatory program established in this chapter.
(b) The bureau shall approve classes qualifying for prelicense
education, as well as classes qualifying for annual continuing
education required by this chapter. The bureau shall maintain a
current list of all approved classes.
(c) The bureau shall arrange for the preparation and
administration of licensing examinations.
6520. The bureau shall adopt, by regulation, a Professional
Fiduciaries Code of Ethics. The Professional Fiduciaries Code of
Ethics shall be consistent with all statutory requirements, as well
as requirements developed by the courts and the Judicial Council. The
Professional Fiduciaries Code of Ethics shall be provided
electronically on the bureau's Internet Web site and to persons who
request an application for licensure. The bureau may, by regulation,
amend the Professional Fiduciaries Code of Ethics from time to time,
as it deems necessary, provided that no amendment shall be effective
with regard to a licensee until the licensee's next annual license
renewal cycle, as specified in subdivision (a) of Section 6541, is
completed. Any amendment to the Professional Fiduciaries Code of
Ethics shall be included in the license renewal materials sent to a
licensee.