Revocation and PenaltiesRevocation and Suspension of License
Section § 22700
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.
Section § 22701
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.
Section § 22702
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.
Section § 22703
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.
Section § 22704
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.
Section § 22705
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.
Section § 22705.1
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.
Section § 22706
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.
Section § 22707
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.
Section § 22707.5
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.
Section § 22708
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.
Section § 22709
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.
Section § 22710
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.
Section § 22711
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.
Section § 22712
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.
Section § 22713
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.
Section § 22714
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.
Section § 22715
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.
Section § 22716
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.
Section § 22717
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.
Section § 22718
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.