Palm Springs Law Blog

The Attorney General heads up the California Department of Justice (DOJ), and according to the department’s mission statement, has broad responsibilities to enforce laws fairly and impartially; ensure justice, safety and liberty for everyone; encourage economic prosperity, equal opportunity and tolerance; and safeguard California’s human, natural, and financial resources for this and future generations.  Justice is served by helping to prevent and prosecute criminal activity, protect consumers from victimization, and promote public safety.

The Attorney General can’t give specific legal advice about personal problems or represent individual Californians, but whether you realize it or not, your life is touched by many of the Attorney General’s actions every day. Here are some of the major areas that are designed to support your safety, general welfare, and quality of life:

• DOJ bureaus are responsible for a variety of regulatory responsibilities in the areas of narcotics, gambling, and firearms control. They carry out laws, assist other state and local law enforcement agencies, and provide education to the public. The Bureau of Investigation has wide-ranging duties including information and intelligence networks, an anti-terrorism program, and special operations units that combat violent criminals, gangs, drug and human trafficking, and fraud.
• The DOJ collects, analyzes and reports crime statistics, and maintains criminal history records for use by law enforcement and other authorized agencies. An individual may request a copy of his or her own criminal record. DOJ maintains a central index for cases of child abuse throughout the state, and handles international child abduction cases together with the U.S. Department of State under the Hague Convention; and domestic child abduction cases together with the California Child Abduction Task Force.
• “Megan’s Law” information and locations for registered sex offenders may be accessed by applying on-line through the DOJ website. There is a searchable database for people who have gone missing, and you can subscribe to a Missing Persons Bulletin which covers children, dependent and voluntarily missing adults.
• Elder abuse may become more prevalent as our aging population grows rapidly. The DOJ has responsibility for prosecuting abuses and policies that lead to neglect and poor quality of elder care in skilled nursing homes, hospitals and residential care facilities. Criminal history data is provided to employers of unlicensed persons providing in-home supportive or personal care services to dependent or elderly adults.
• The DOJ handles many consumer fraud and complaint issues. Their website oag.ca.gov/programs offers detailed information about consumer concerns such as debt collectors, homeowners associations, e-crime, identity theft, loan modification fraud, antitrust issues, corporate fraud, lemon law, prescription drug monitoring, and many other problems that affect Californians.
• Consumer questions and complaints may be filed with an on-line complaint form which is sent to the Attorney General’s Public Inquiry Unit, and will be forwarded on to other state agencies if they are responsible for regulation of the issue.

The California Department of Consumer Affairs (DCA) regulates and issues licenses in several hundred business and professional categories. The DCA has bureaus and boards that carry out the legal requirements for each of the specialties. All individuals and/or groups covered by these rules must apply for and be granted a license or certification to operate and practice in the state of California. You may check to see if someone has a valid license by going to www2.dca.ca.gov.

From your hair stylist, CPA, car mechanic, doctor, realtor, contractor, to your appliance repairman, pharmacist, pest control service, mental health counselor, security guard, and funeral director, all, and many more, are required to meet regulations for practice and must be licensed. The DCA handles complaints from consumers in all areas, and works together with the California Attorney General and local district attorneys to prevent and prosecute fraud in the marketplace.

Consumers are encouraged to make complaints and report problems when issues with business and professional practitioners are serious. Issues with certain businesses and practitioners might be resolved through the department’s Complaint Resolution Program. For other disputes, the DCA may recommend new approaches to resolving the problems, or possibly mediation, or filing suit in small claims or civil court. File a complaint on-line at www.dca.ca.gov/online_services/complaints.

The DCA also offers important free information covering a wide range of consumer issues. There are guides for business and professional categories that are licensed, and a variety of others which offer important tips for handling concerns ranging from disasters to consumer fraud. One well-known guide is “California Tenants – A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities”. This is an excellent brochure, giving a clear explanation of California rules and what they mean.