LicensingApplication for Licensure
Section § 100007
To apply for a license, you need to submit a completed application form signed under penalty of perjury, which includes your main business location and all branch addresses. You must also pay a $350 application fee and an investigation fee, which covers a fingerprint check and criminal history review. These fees are non-refundable, even if your application is denied or withdrawn. Fees are paid when you first apply. Additionally, you must provide a sample of the initial letter you will use to communicate with California consumers, as required by federal law.
Section § 100008
This law mandates a background check, including FBI criminal history and fingerprinting, for all applicants as determined under Section 100009. This applies to individuals and all entities such as partnerships or corporations. Although a criminal record won’t automatically lead to a license denial if the person has been rehabilitated, pardoned, or if convictions have been legally dismissed, applicants must prove such dismissals aren't on the criminal report. Licenses can’t be denied for arrests without convictions. However, licenses can be denied if applicants knowingly lie in their applications. If denied based on conviction history, the applicant must be informed of the decision, how to appeal, and their rights to access and challenge their records.
Section § 100009
This law outlines the process for applying for a debt collection license in California and the investigation requirements for different types of business entities. If the application is from a partnership, the commissioner will check the applicant, managing partners, individuals with significant ownership, and anyone responsible for debt collection activities. For corporations, trusts, LLCs, or associations, the investigation will include the applicant, principal officers, board of directors, trustees (if applicable), managing members (for LLCs), significant owners, and anyone overseeing debt collection. The commissioner will also specifically investigate the person in charge of debt collection at the business location.
Key people like principal officers include those with major decision-making roles regarding debt collection in the business.
Section § 100011
When someone applies for a license under this law, the commissioner will issue a license if all requirements are met and no reasons exist to deny it. If the requirements aren't met, the commissioner can deny the application but must give written reasons for the denial after allowing a hearing.
Section § 100012
This law explains how the process for denying a business license works and the reasons a license application can be denied. If a license application is denied, it follows a formal process set by other government code sections. The commissioner can deny a license if the application includes false information or if applicants or key people involved in the business have a criminal history or have been dishonest in ways related to the business. Other reasons for denial include violations of regulations, failure to meet material requirements, or past legal issues involving consumer protection. The commissioner also considers if the business will be run ethically and efficiently before granting a license. Regulations may be created to specify what factors are considered for denial, including previous consumer harm or violations.
Section § 100013
If you're applying for a license and the commissioner asks for more information, you need to respond. If you don't reply within 60 days of their request, your application might be considered abandoned. They will let you know this in writing. Even if your application is abandoned, they won't give your application fee back, but you can apply again and pay the fee again.
Section § 100014
This section states that a license will continue to be valid unless it is suspended or revoked by the commissioner, or if the licensee decides to give it up voluntarily.