Section § 23045

Explanation

Licenses under this law stay valid until they're given up, taken away, or suspended. If you want to give up your license, it usually takes 30 days after you apply for the surrender to become official, unless there are special conditions applied or an investigation going on. Even if a license is surrendered, suspended, or revoked, the commissioner can still investigate the license. The commissioner can take action for the public's welfare regardless of whether a license has been applied for or is active. They can temporarily suspend a license if they think business is being done unsafely, but a hearing is required. Giving up a license doesn't remove liability for past actions.

(a)CA Financial Code § 23045(a) Licenses issued under this division remain in effect until they are surrendered, revoked, or suspended.
(b)CA Financial Code § 23045(b) The surrender of a license becomes effective 30 days after receipt of an application to surrender the license or within a shorter period of time that the commissioner may determine, unless a revocation or suspension proceeding is pending when the application is filed or a proceeding to revoke or suspend or to impose conditions upon the surrender is instituted within 30 days after the application is filed. If a proceeding is pending or instituted, the surrender of a license becomes effective at the time and upon the conditions that the commissioner determines.
(c)CA Financial Code § 23045(c) The power of investigation and examination by the commissioner is not terminated by the surrender, suspension, or revocation of any license issued by the commissioner.
(d)CA Financial Code § 23045(d) Whenever the commissioner deems it necessary for the general welfare of the public, the commissioner shall have continuous authority to exercise the powers set forth in this division whether or not an application for a license has been filed with the commissioner, any license has been issued, or if issued, has been surrendered, suspended, or revoked.
(e)CA Financial Code § 23045(e) The commissioner may, upon three days’ notice and a hearing, suspend any license for a period not exceeding 30 days, pending investigation, where the commissioner believes that a person subject to this division is conducting business in an unsafe or injurious manner.
(f)CA Financial Code § 23045(f) Any licensee may surrender any license by delivering to the commissioner written notice that the licensee surrenders that license pursuant to subdivision (b). The surrender of the license does not affect the licensee’s civil or criminal liability for acts committed prior to the surrender of the license.

Section § 23046

Explanation

This law allows the commissioner to investigate businesses that offer payday loans, known legally as deferred deposits, at least once every two years. The investigation involves examining their financial records and operations to ensure compliance with regulations.

The businesses must cover the costs of these investigations. The commissioner can access all relevant business documents and premises during examinations and may go to court to recover the cost if needed. The cost is calculated based on the average hourly examination cost for that fiscal year.

(a)CA Financial Code § 23046(a) For the purpose of discovering violations of this division or securing information required by the commissioner in the administration and enforcement of this division, the commissioner may at any time, but not less than once every two years, investigate the business of deferred deposits, and examine the books, accounts, records, and files used in the business of deferred deposit transactions, of every person engaged in the business of deferred deposit transactions, whether the person acts or claims to act as a principal or an agent, or under or without the authority of this division. For the purpose of examination, the commissioner and the commissioner’s representatives shall have free access to the offices and places of business, books, accounts, papers, records, files, safes, and vaults of all these persons.
(b)CA Financial Code § 23046(b) The cost of each examination of a licensee or a person subject to this division shall be paid to the commissioner by the licensee or person examined, and the commissioner may maintain an action for the recovery of the cost in any court of competent jurisdiction. In determining the cost of an examination, the commissioner may use the estimated average hourly cost for all persons performing examinations of licensees or other persons subject to this division for the fiscal year.

Section § 23047

Explanation

This law allows the commissioner to temporarily take control of a business's records and documents for up to 30 days if they're conducting an examination or investigation. During this time, the commissioner can assign a keeper to oversee these documents at their usual location. They can't be removed without the commissioner's permission or a court order.

While the documents are under the commissioner's custody, company officials and employees can still look at them and update them with current operations or transactions.

(a)CA Financial Code § 23047(a) In making any examination or investigation, the commissioner may, for a reasonable time not to exceed 30 days, take possession of the books, records, accounts, and other papers pertaining to the business. The commissioner may place a keeper in exclusive charge and custody of the books, records, accounts, and other papers in the office or place where they are usually kept. During possession by the keeper, no person shall remove or attempt to remove any of the books, accounts, papers, records, files, safes, and vaults, or any part thereof, except in compliance with a court order or written consent of the commissioner.
(b)CA Financial Code § 23047(b) The officers, employees, partners, directors, and stockholders may inspect and examine the books, accounts, papers, records, files, safes, and vaults while they are in the custody of the commissioner. Employees may make entries in these documents reflecting current operations or transactions.

Section § 23048

Explanation

The commissioner has the authority to require people to testify under oath and produce records related to businesses or transactions that fall under this division. This includes examining witnesses on the matters being investigated. If requested, businesses must provide their books and records for review in California within 10 days of receiving a written request from the commissioner.

(a)CA Financial Code § 23048(a) The commissioner may require the attendance of witnesses and examine under oath all persons whose testimony the commissioner requires relative to transactions or business regulated by this division or to the subject matter of any examination, investigation, or hearing.
(b)CA Financial Code § 23048(b) The commissioner may require the production for examination in this state of all books, records, and supporting data used by the licensee in the preparation of reports to the commissioner. The books, records, and supporting data shall be made available for examination by the commissioner in this state within 10 days after a written demand.

Section § 23049

Explanation

When the commissioner investigates a matter and finds it in the public's interest, they can send a report to the local authorities where the issue happened. However, the details of these reports have to stay confidential according to the rules in another part of the law.

After an examination, investigation, or hearing under this division, if the commissioner deems it of public interest or advantage, the commissioner may certify a record to the proper prosecuting official of the city, county, or city and county in which the act complained of, examined, or investigated occurred. The data and records shall be kept confidential pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and any regulations adopted thereunder.

Section § 23050

Explanation

The commissioner can stop someone from doing payday loans without a license or breaking related rules. They issue an order telling them to stop. If you get such an order, you have 30 days to ask for a hearing. If no hearing happens within the next 30 days, the order is canceled.

Whenever, in the opinion of the commissioner, any person is engaged in the business of deferred deposit transactions, as defined in this division, without a license from the commissioner, or any licensee is violating any provision of this division, the commissioner may order that person or licensee to desist and to refrain from engaging in the business or further violating this division. If within 30 days, after the order is served, a written request for a hearing is filed and no hearing is held within 30 days thereafter, the order is rescinded.

Section § 23051

Explanation

This section gives the California commissioner the power to take legal action if they believe someone has broken or is about to break specific financial rules. They can stop the person from continuing their illegal actions through court orders like injunctions. The commissioner can also ask the court to provide additional remedies like restitution, which means returning money to those affected. Violating these financial rules can result in a fine of up to $2,500 for each instance. Moreover, these penalties can be combined with other legal remedies to ensure compliance with the financial rules.

(a)CA Financial Code § 23051(a) Whenever the commissioner believes from evidence satisfactory to the commissioner that any person has violated or is about to violate a provision of this division, or a provision of any order, license, decision, demand, requirement, or any regulation adopted pursuant to this division, the commissioner may, in the commissioner’s discretion, bring an action in the name of the people of the State of California against that person to enjoin that person from continuing that violation or doing any act in furtherance of the violation. Upon a proper showing, a permanent or preliminary injunction, restraining order, or writ of mandate shall be granted and other ancillary relief may be granted as appropriate.
(b)CA Financial Code § 23051(b) If the commissioner determines that it is in the public interest, the commissioner may include in any action authorized by subdivision (a) a claim for ancillary relief, including, but not limited to, a claim for restitution, disgorgement, or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action. The court shall have jurisdiction to award additional relief.
(c)CA Financial Code § 23051(c) Any person who violates any provision of this division, or who violates any rule or order adopted pursuant to this division, shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the commissioner in any court of competent jurisdiction.
(d)CA Financial Code § 23051(d) As applied to the penalties for acts in violation of this division, the remedies provided by this section and by other sections of this division are not exclusive, and may be sought and employed in any combination to enforce the provisions of this division.

Section § 23052

Explanation

The commissioner can suspend or take away a license if certain conditions are met, after notifying the license holder and giving them a chance to explain themselves. These conditions include not following the commissioner's orders, breaking any rules or regulations related to the license, or if a fact or situation now exists that would have prevented the license from being approved in the first place.

The commissioner may suspend or revoke any license, upon notice and reasonable opportunity to be heard, if the commissioner finds any of the following:
(a)CA Financial Code § 23052(a) The licensee has failed to comply with any demand, ruling, or requirement of the commissioner made pursuant to and within the authority of this division.
(b)CA Financial Code § 23052(b) The licensee has violated any provision of this division or any rule or regulation made by the commissioner under and within the authority of this division.
(c)CA Financial Code § 23052(c) A fact or condition exists that, if it had existed at the time of the original application for the license, reasonably would have warranted the commissioner in refusing to issue the license originally.

Section § 23053

Explanation

The commissioner can immediately suspend or cancel a license if a license holder does not file a necessary report on time, even after being reminded. If the licensee asks for a hearing within 30 days, and it doesn't happen within 60 days, the suspension or cancellation is automatically revoked back to when it started.

The commissioner may by order summarily suspend or revoke the license of any licensee if that person fails to file the report required by Section 23026 within 10 days after notice by the commissioner that the report is due and not filed. If, after an order is made, a request for hearing is filed in writing within 30 days and the hearing is not held within 60 days thereafter, the order is deemed rescinded as of its effective date.

Section § 23054

Explanation

If a license is revoked, suspended, expired, or surrendered, any legal contract that was already in place between the license holder and a borrower remains valid and enforceable. This means the obligations within those contracts are still binding despite changes in the license status.

The revocation, suspension, expiration, or surrender of any license does not impair or affect the obligation of any preexisting lawful contract between the licensee and any borrower.

Section § 23055

Explanation

This law section explains that any procedures related to it must follow specific rules set out in a different part of the Government Code. It also states that the commissioner involved in these processes has full authority as outlined in those rules.

The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the commissioner has all the powers granted therein.

Section § 23056

Explanation

If the commissioner makes an official decision or action, such as granting a license or issuing an order, you can have a court review it to make sure it's legal and fair.

Every order, decision, license, or other official act of the commissioner is subject to judicial review in accordance with law.

Section § 23057

Explanation

This law required a report by December 1, 2007, on how deferred deposit transactions, commonly known as payday loans, are being implemented in California. The report needed to cover topics like demand for payday loans, industry growth, business practices, advertising methods, and any rule violations. Its goal was to help the Governor and Legislature decide if new laws were necessary to protect consumers. The commissioner was to suggest possible changes such as adjusting fees, transaction limits, or regulatory practices. Additionally, licensees had to provide any data needed for the study, which would be public but not include trade secrets.

On December 1, 2007, the commissioner shall report to the Governor and the Legislature on its implementation of this division. The report shall include, at a minimum, information regarding the demand for deferred deposit transactions, the growth and trends in the industry, common practices for conducting the business of deferred deposit transactions, the advertising practices of the industry, including any violations of Section 23027, and any other information the commissioner deems necessary to inform the Governor and the Legislature regarding potential legislation that may be necessary to protect the people of the State of California. The commissioner’s recommendations for future action may include, but are not limited to, changes in the fees charged to consumers, specifications regarding the length of time for deferred deposit transactions, maximum amount provided to consumers, additional regulation of advertising practices, and the implementation of an installment loan product in lieu of a deferred deposit transaction as described in this division.
As the commissioner conducts this study, licensees shall be required to supply all information the commissioner deems necessary. The study shall be made public and may not include any proprietary information.

Section § 23058

Explanation

This law explains that if the department believes someone is engaging in deferred deposit loan business without a license or violating related rules, it can issue a written citation. The citation can include an order to stop the activity and a penalty of up to $2,500, which goes to the State Corporations Fund. These penalties are in addition to other possible legal actions.

If the person does not request a hearing within 30 days of receiving the citation, the decision is final. Hearings follow government procedures, giving the commissioner several powers. After review processes, the department may seek a court order for the penalty and compliance with its orders.

(a)CA Financial Code § 23058(a) If, upon inspection, examination or investigation, based upon a complaint or otherwise, the department has cause to believe that a person is engaged in the business of deferred deposit transactions without a license, or a licensee or person is violating any provision of this division or any rule or order thereunder, the department may issue a citation to that person in writing, describing with particularity the basis of the citation. Each citation may contain an order to desist and refrain and an assessment of an administrative penalty not to exceed two thousand five hundred dollars ($2,500). All penalties collected under this section shall be deposited in the State Corporations Fund.
(b)CA Financial Code § 23058(b) The sanctions authorized under this section shall be separate from, and in addition to, all other administrative, civil, or criminal remedies.
(c)CA Financial Code § 23058(c) If within 30 days from the receipt of the citation of the person cited fails to notify the department that the person intends to request a hearing as described in subdivision (d), the citation shall be deemed final.
(d)CA Financial Code § 23058(d) Any hearing under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all states the commissioner has all the powers granted therein.
(e)CA Financial Code § 23058(e) After the exhaustion of the review procedures provided for in this section, the department may apply to the appropriate superior court for a judgment in the amount of the administrative penalty and order compelling the cited person to comply with the order of the department. The application, which shall include a certified copy of the final order of the department, shall constitute a sufficient showing to warrant the issuance of the judgment and order.