Section § 22700

Explanation

This law states that finance lender, broker, and program administrator licenses will remain valid until they are voluntarily given up, revoked, or suspended.

Similarly, mortgage loan originator licenses are renewed every year upon payment, maintaining their validity unless surrendered, revoked, or suspended.

If a license holder wants to give up their license, it will take effect 30 days after filing the surrender application—provided there's no ongoing suspension or revocation process. If such a process begins around the time of surrender, the timing and conditions for the surrender will be decided by a commissioner.

Lastly, these regulations have been in effect since January 1, 2019.

(a)CA Financial Code § 22700(a) Finance lender, broker, and program administrator licenses issued under this division shall remain in effect until they are surrendered, revoked, or suspended.
(b)CA Financial Code § 22700(b) Mortgage loan originator licenses issued under this division shall be renewed annually upon the payment of an annual assessment, and, if renewed by the licensee, shall remain in effect until they are surrendered, revoked, or suspended.
(c)CA Financial Code § 22700(c) 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, surrender of a license becomes effective at the time and upon the conditions that the commissioner determines.
(d)CA Financial Code § 22700(d) This section shall become operative on January 1, 2019.

Section § 22701

Explanation

The commissioner has the authority to investigate businesses involved in finance lending, brokering, or program administration for any potential violations or to gather necessary information for enforcing regulations. This includes examining any loans, contracts, and business records. The commissioner and their representatives have full access to the business premises and all related documentation. This law has been effective since January 1, 2019.

(a)CA Financial Code § 22701(a) For the purpose of discovering violations of this division or securing information required by him or her in the administration and enforcement of this division, the commissioner may at any time investigate the loans, assessment contracts, and business, and examine the books, accounts, records, and files used in the business, of every person engaged in the business of a finance lender, broker, or program administrator, whether the person acts or claims to act as principal or agent, or under or without the authority of this division. For the purpose of examination, the commissioner and his or her 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 § 22701(b) This section shall become operative on January 1, 2019.

Section § 22702

Explanation

This law allows the commissioner to take control of a business's financial documents and records for up to 30 days when conducting an examination or investigation. The commissioner can assign someone to oversee these documents, ensuring they stay secure at their usual location. During this period, no one is allowed to remove the documents unless they have a court order or written permission from the commissioner.

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, 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.

Section § 22703

Explanation

This law allows officers, employees, partners, directors, and stockholders to look at and review the financial documents and records that are held by the commissioner. Employees are also permitted to update these records with new information about ongoing operations or transactions.

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 § 22704

Explanation

This law says that even if a person gives up, has suspended, or loses their license, the commissioner can still investigate or examine them as part of their duties.

The power of investigation and examination by the commissioner is not terminated by the surrender, suspension, or revocation of any license issued by him or her.

Section § 22705

Explanation

This law gives a person called the 'commissioner' ongoing power to take certain actions to protect the public. They can do this at any time, whether or not someone has applied for, received, given up, or lost a license.

Whenever the commissioner deems it necessary for the general welfare of the public, he or she has 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.

Section § 22705.1

Explanation

If someone with a license commits an act related to their professional activity and is disciplined for it by California, another state, a federal agency, or another country, the California commissioner can discipline them too. Having a certified record of what happened in those other jurisdictions is enough proof for California to act on.

Additionally, the commissioner can still use specific laws to discipline someone if they were already disciplined elsewhere, for related activities.

(a)CA Financial Code § 22705.1(a) For any licensee, a disciplinary action taken by the State of California, another state, an agency of the federal government, or another country for an action substantially related to the activity regulated under this division may be grounds for disciplinary action by the commissioner. A certified copy of the record of the disciplinary action taken against the licensee by the State of California, other state, agency of the federal government, or other country shall be conclusive evidence of the events related therein.
(b)CA Financial Code § 22705.1(b) Nothing in this section shall preclude the commissioner from applying a specific statutory provision in this division providing for discipline against a licensee as a result of disciplinary action taken against a licensee by the State of California, another state, an agency of the federal government, or another country.

Section § 22706

Explanation

This law allows the commissioner to make witnesses come forward and speak under oath if their testimony is related to businesses or activities that are regulated, or connected to any examination, investigation, or hearing.

The commissioner may require the attendance of witnesses and examine under oath all persons whose testimony relates to activities and businesses regulated by this division or to the subject matter of any examination, investigation, or hearing.

Section § 22707

Explanation

This section explains that if a licensee or someone else is examined under this financial law, they have to pay the costs of this examination. The state commissioner can take legal action to recover these costs if necessary, and they calculate costs using the average hourly rate of examiners.

Additionally, a person must undergo an administrative or judicial hearing to officially be considered as someone subject to this law, unless they are already a licensed party.

(a)CA Financial Code § 22707(a) 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.
(b)CA Financial Code § 22707(b) For the purpose of this section only, no person other than a licensee shall be deemed to be a person subject to this division until the person is determined to be a person subject to this division by an administrative hearing in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code or by a judicial hearing in any court of competent jurisdiction.

Section § 22707.5

Explanation

This law allows a financial commissioner to issue a citation to a person or business violating financial laws. The citation will describe the violation and may include an order to fix it within a certain timeframe and a fine up to $2,500, which goes into a Financial Protection Fund. The commissioner considers how serious the violation is, the violator’s good faith, and previous issues when deciding on a fine. The citation may also demand things like refunds or damages for those harmed by the violation.

If the violation continues, the commissioner can order the violator to stop certain operations. These penalties can come with other legal actions, including lawsuits or criminal charges. The violator has 30 days to request a hearing, or the citation becomes final. Hearings follow specific government procedures. If the violator doesn’t comply after possible reviews, the commissioner can ask a court to enforce the fine and order compliance, with a hearing set at least 60 days later. Violators must be notified at least 15 days before the hearing. The court can issue civil judgments for unpaid fines or further actions like stopping activities.

(a)CA Financial Code § 22707.5(a) If, upon inspection, examination, or investigation, the commissioner has cause to believe that a licensee or other person is violating or has violated any provision of this division or any rule or order thereunder, the commissioner or their designee, may issue a citation to the licensee or person in writing, describing with particularity the basis of the citation. Each citation may contain an order to correct the violation or violations identified and provide a reasonable time period or periods by which the violation or violations must be corrected. In addition, each citation may assess an administrative fine not to exceed two thousand five hundred dollars ($2,500) that shall be deposited in the Financial Protection Fund. In assessing a fine, the commissioner shall give due consideration to the appropriateness of the amount of the fine with respect to factors including the gravity of the violation, the good faith of the person or licensees cited, and the history of previous violations. In addition, the commissioner may include a claim for ancillary relief. The ancillary relief may include, but not be limited to, refunds, restitution or disgorgement, or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action. A citation issued or a fine assessed pursuant to this section, while constituting punishment for a violation of law, shall be in lieu of other administrative discipline by the commissioner for the offense or offenses cited.
(b)CA Financial Code § 22707.5(b) Notwithstanding subdivision (a), nothing in this section shall prevent the commissioner from issuing an order to desist and refrain from engaging in a specific business or activity or activities, or an order to suspend all business operations to a person or licensee who is engaged in or who has engaged in continued or repeated violations of this division. In any of these circumstances, 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 § 22707.5(c) If, within 30 days from the receipt of the citation, the licensee or person cited fails to notify the department that they intend to request a hearing as described in subdivision (d), the citation shall be deemed final.
(d)CA Financial Code § 22707.5(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.
(e)CA Financial Code § 22707.5(e) After the exhaustion of the review procedures provided for in this section, the commissioner may apply to the appropriate superior court for a judgment in the amount of the administrative fine and an order compelling the cited licensee or person to comply with the order of the commissioner.
(1)CA Financial Code § 22707.5(e)(1) The application shall include a certified copy of the final order of the commissioner.
(2)CA Financial Code § 22707.5(e)(2) Upon the filing of the application, the superior court shall set a date for a hearing for an order to show cause why judgment should not be entered, which shall be set not less than 60 calendar days from the date the application is filed.
(3)CA Financial Code § 22707.5(e)(3) The commissioner shall serve a copy of the application and order along with notice of the hearing to all entities or persons cited in the order against whom a civil judgment is sought not less than 15 calendar days before the date set for the hearing. Service of the application shall be pursuant to the methods specified by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure for service of summons.
(4)CA Financial Code § 22707.5(e)(4) The court shall consider the filing of a certified copy of the final order of the commissioner and the proof of service of the application and notice of the hearing on the persons or entities against whom the judgment is sought, a sufficient prima facie showing to warrant the issuance of the civil judgment at the hearing. The respondent then has the burden of showing by affirmative evidence at the hearing why the order of the commissioner is not final, or why the timely notice of application and hearing was not provided to avoid judgment being entered. Any method of service authorized by laws under which the order was issued is considered valid service for the purposes of determining whether the order is final. Absent this showing by the respondent, the superior court shall issue a final civil judgment compelling compliance with the order.
(5)CA Financial Code § 22707.5(e)(5) The judgment issued pursuant to paragraph (4) may be for injunctive relief or payment of ancillary relief or penalties. The judgment may be enforced by the court pursuant to the procedures authorized for any other civil judgment.
(6)CA Financial Code § 22707.5(e)(6) This subdivision shall not be construed to limit judicial review of any order of the commissioner in accordance with the law.

Section § 22708

Explanation

After looking into a matter, if the commissioner thinks it's important for the public, they can send a report to the local prosecutor where the issue took place.

After an examination, investigation, or hearing under this division, if the commissioner deems it of public interest or advantage, he or she 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.

Section § 22709

Explanation

This law allows the commissioner to ask for all the books, records, and data a licensee uses to prepare their reports. If requested, these documents must be available for review in the state within 10 days of getting a written notice.

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 § 22710

Explanation

This law allows the commissioner to temporarily suspend someone's license for up to 30 days. The suspension can happen after giving three days' notice and holding a hearing while an investigation takes place.

The commissioner may upon three days’ notice and a hearing, suspend any license for a period not exceeding 30 days, pending investigation.

Section § 22711

Explanation

If you have a license and want to give it up, you can do so by sending a written notice to the commissioner. However, giving up your license does not protect you from any legal responsibility for things you did before you surrendered it.

Any licensee may surrender any license by delivering to the commissioner written notice that the licensee surrenders that license. Surrender of the license does not affect the licensee’s civil or criminal liability for acts committed prior to surrender of the license.

Section § 22712

Explanation

This law allows the commissioner to order a person or business to stop operating as a finance lender, broker, program administrator, or mortgage loan originator without the necessary license. If they violate the rules or any official orders, the commissioner can demand they stop their harmful actions and may also pursue additional remedies such as refunds or compensation for affected individuals. After an order is issued, the recipient has 30 days to request a hearing, otherwise the order is cancelled if no hearing happens within another 30-day period. "Licensee" includes mortgage loan originators.

The commissioner can also issue an immediate order to stop unsafe or dangerous business practices if they believe such behaviors are occurring, though this order is only final under certain conditions.

(a)CA Financial Code § 22712(a) Whenever, in the opinion of the commissioner, any person is engaged or has engaged in business as a finance lender, broker, program administrator, or mortgage loan originator, as defined in this division, without a license from the commissioner, or any licensee is violating or has violated any provision of this division, any provision of an order, or any regulation adopted pursuant to this division, the commissioner may order that person or licensee to desist and to refrain from engaging in the business or further continuing that violation. In addition, the commissioner may include a claim for ancillary relief. The ancillary relief may include, but not be limited to, refunds, restitution or disgorgement, or damages on behalf of the persons injured by the act or practice constituting the subject matter of the action. 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. For purposes of this section, “licensee” includes a mortgage loan originator.
(b)CA Financial Code § 22712(b) Notwithstanding subdivision (a), if, after an investigation, the commissioner has reasonable grounds to believe that a person is conducting or has conducted business in an unsafe or injurious manner, the commissioner shall, by written order addressed to that person, direct the discontinuance of the unsafe or injurious practices. The order shall be effective immediately, but shall not become final except in accordance with the provisions of Section 22717.

Section § 22713

Explanation

This law allows a California state official, called the commissioner, to take legal action if someone is about to break or has broken financial regulations. The commissioner can ask the court to stop them through injunctions or similar orders. Additionally, the commissioner can claim compensation for people harmed by the violation, demanding actions like returning money or paying damages.

Moreover, anyone who knowingly breaks these rules might have to pay a fine of up to $2,500 for each violation. The penalties can be pursued separately or together with other enforcement methods under the law.

(a)CA Financial Code § 22713(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, or the commissioner may request the Attorney General to 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 § 22713(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 § 22713(c) Any person who willfully violates any provisions of this division, or who willfully 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 § 22713(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 § 22714

Explanation

If the commissioner finds that a licensee has violated certain rules, they can suspend or revoke the license, but only after giving a fair chance to respond. Examples of violations include not following the commissioner's rules, breaking laws related to finance, or neglecting to consider a borrower's ability to repay loans.

Additionally, issues from the initial application time that would have prevented getting a license, or poor handling of loan terms, could lead to suspension or revocation. Master licenses are unaffected by subsidiary issues unless directly involved, and with the start date of January 1, 2019, actions against a specific license won't affect other locations unless stated.

(a)CA Financial Code § 22714(a) The commissioner shall suspend or revoke any license, upon notice and reasonable opportunity to be heard, if the commissioner finds any of the following:
(1)CA Financial Code § 22714(a)(1) 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.
(2)CA Financial Code § 22714(a)(2) 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.
(3)CA Financial Code § 22714(a)(3) 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.
(4)CA Financial Code § 22714(a)(4) There has been repeated failure by the finance lender, when making or negotiating loans, to take into consideration in determining the size and duration of loans, the financial ability of the borrower to repay the loan in the time and manner provided in the loan contract, or to refinance the loan at maturity.
(5)CA Financial Code § 22714(a)(5) There has been repeated failure by the program administrator, when administering assessment contracts, to take into consideration in determining the size and duration of the assessment contracts, the property owner’s ability to meet the annual PACE obligations in the time and manner provided in the contract.
(b)CA Financial Code § 22714(b) A master license shall not be suspended or revoked pursuant to this section as a result of any action or failure to act by a subsidiary licensee unless grounds exist for the suspension or revocation of the master license pursuant to this section. An order suspending or revoking a license or imposing sanctions against a licensee shall not affect other licensed locations unless expressly stated in the order.
(c)CA Financial Code § 22714(c) This section shall become operative on January 1, 2019.

Section § 22715

Explanation

This law allows the commissioner to quickly suspend or revoke a company's license if they fail to submit a required report on time, even after being notified to do so. Companies have 30 days to request a hearing, which, if not held in 60 days, cancels the suspension order. Additionally, the commissioner can fine companies for not submitting reports or information on time, up to $100 per day initially and then $500 per day, capped at $25,000 in total, unless the company wasn't given 90 days' notice for new requirements. The affected company can request a hearing within 30 days regarding these penalties.

If no hearing is requested within 30 days, the fine becomes final, and the payment is due within five business days. If a hearing is conducted, any payment ordered is due within five business days after the decision.

(a)CA Financial Code § 22715(a) 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 22159 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.
(b)Copy CA Financial Code § 22715(b)
(1)Copy CA Financial Code § 22715(b)(1) Subject to paragraph (2), the commissioner may impose, by order, a penalty on any licensee who does not do, within the time specified in any written demand of the commissioner, either of the following:
(A)CA Financial Code § 22715(b)(1)(A) Make and file with the commissioner any report required by law.
(B)CA Financial Code § 22715(b)(1)(B) Furnish any material information required by the commissioner to be included in any report required by law.
(2)CA Financial Code § 22715(b)(2) A penalty may not be imposed on a licensee pursuant to this subdivision in connection with a report or information required to be submitted by a licensee if either:
(A)CA Financial Code § 22715(b)(2)(A) The commissioner requires information from the licensee pursuant to subdivision (a) of Section 22159 that was not required the prior year and the licensee is notified about the requirement to submit that new information less than 90 days before the information is due to the commissioner.
(B)CA Financial Code § 22715(b)(2)(B) The commissioner requires the licensee to submit information pursuant to subdivision (b) of Section 22159 and the licensee is notified about the requirement to submit that information less than 90 days before the information is due to the commissioner.
(3)CA Financial Code § 22715(b)(3) The amount of the penalty imposed pursuant to this subdivision shall not exceed one hundred dollars ($100) for each business day for the first five business days the report or information is overdue, and thereafter shall not exceed five hundred dollars ($500) for each business day the report or information is overdue, not to exceed twenty-five thousand dollars ($25,000) in the aggregate.
(c)CA Financial Code § 22715(c) If an order has been made under subdivision (b), and a request for a hearing is filed in writing within 30 days of the date of service of the order by the licensee to whom the order was directed, a hearing shall be held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. At the hearing, the commissioner shall have all the powers granted under that chapter.
(d)CA Financial Code § 22715(d) If the licensee fails to file a written request for a hearing within 30 days of the date of service of the order, the order imposing the penalty shall be deemed a final order of the commissioner, and the penalty shall be paid within five business days.
(e)CA Financial Code § 22715(e) If a hearing is requested, the penalty shall be paid within five business days after the effective date of any decision in the case ordering payment to be made.

Section § 22716

Explanation

Even if a financial license is revoked, suspended, expired, or given up, any legitimate contracts or bonds made before that are still valid and enforceable. Specifically, this means that pre-existing lawful agreements with borrowers or property owners, as well as Property Assessed Clean Energy (PACE) assessment contracts and their bonds, remain unaffected.

This rule has been in effect since January 1, 2019.

(a)CA Financial Code § 22716(a) 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 or property owner, nor the validity and enforceability of any bonds issued and secured by those contracts. This division does not affect the validity and enforceability of any PACE assessment contracts entered into or bonds issued and secured by those contracts.
(b)CA Financial Code § 22716(b) This section shall become operative on January 1, 2019.

Section § 22717

Explanation

This law states that unless there's a specific reason to have a faster hearing, the process for these types of proceedings follows the rules outlined in another section of the government code. It also clarifies that the commissioner involved has all the authority provided by that set of rules.

Except in cases in which the time for setting the hearing is shortened as provided in this division, 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 § 22718

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.