Franchise Investment LawAdministration
Section § 31500
This section lays out the various fees related to franchise regulation in California. The commissioner is responsible for collecting these fees and directing them to the Financial Protection Fund. It lists specific amounts for different applications, including registrations, renewals, amendments, and notices related to franchises and franchise brokers. For instance, registering an offer of franchises costs $1,865, while renewing such a registration costs $1,245. Amendments to these applications are $50, and fees for notices of exemption range from $415 to $1,245. There are also fees for filing applications for approval of violations and for registering as a franchise broker.
Section § 31501
In California, if you're not happy with a final decision or action made by the commissioner, you can have it reviewed by a court.
Section § 31502
The commissioner has the authority to create, change, or cancel rules, forms, and orders to ensure this law works properly. This includes managing applications and reports, and explaining terms as long as they don't contradict the law itself.
Section § 31503
The commissioner must follow specific government procedures when making, changing, or cancelling rules, except for rules that only affect the department's internal workings.
Section § 31504
This section pertains to the handling and disclosure of documents filed with the commissioner related to corporate law. Generally, these documents are open for public inspection unless the commissioner decides keeping them private is in the public's or investors' best interest. The commissioner can share or publish any filed information if it benefits the public. However, internal sharing is restricted to the commissioner's staff or relevant investigations or regulatory bodies. It is illegal for the commissioner or their staff to use non-public information for personal gain. Additionally, existing legal privileges concerning evidence remain unaffected.
Section § 31505
If you need a copy of a public document from the commissioner, they can provide you with one for a reasonable fee. However, public officials don’t have to pay for copies they need for their official duties. If you ever need to use one of these certified copies in court, it can serve as initial proof of what's in the document.
Section § 31506
This law allows the commissioner to destroy certain old records and files if they are more than four years old and not needed anymore, as long as the Department of General Services agrees. However, any records of disciplinary actions must be kept permanently. If the commissioner wants, they can keep copies of the destroyed records on microfilm or other forms, and these copies will be considered just as valid as the original documents when properly certified.