CHAPTER 3. Enforcement [23045. - 23106.]

Chapter 3 added by Stats. 2002, Ch. 777, Sec. 10.

§§ 23045–23106 · 32 sections

1. ARTICLE 1. Administrative Actions §§ 23045–23058 · 13 sections

   • § 23045 (a) Licenses issued under this division remain in effect until they are surrendered, revoked, or suspended. (b) The surrender of a license becomes effective 30…
   • § 23046 (a) For the purpose of discovering violations of this division or securing information required by the commissioner in the administration and enforcement of…
   • § 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,…
   • § 23048 (a) The commissioner may require the attendance of witnesses and examine under oath all persons whose testimony the commissioner requires relative to…
   • § 23049 After an examination, investigation, or hearing under this division, if the commissioner deems it of public interest or advantage, the commissioner may certify…
   • § 23050 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…
   • § 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…
   • § 23052 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) The…
   • § 23053 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…
   • § 23054 The revocation, suspension, expiration, or surrender of any license does not impair or affect the obligation of any preexisting lawful contract between the…
   • § 23055 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…
   • § 23056 Every order, decision, license, or other official act of the commissioner is subject to judicial review in accordance with law.
   • § 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…
2. ARTICLE 2. Penalties for Misconduct §§ 23060–23063 · 4 sections

   • § 23060 (a) If any amount other than, or in excess of, the charges or fees permitted by this division is willfully charged, contracted for, or received, a deferred…
   • § 23061 (a) If any amount other than, or in excess of, the charges permitted by this division is charged, contracted for, or received in connection with a deferred…
   • § 23062 (a) If any provision of this division is violated in the making or collection of a deferred deposit transaction, for any reason other than a willful act of the…
   • § 23063 No provision imposing liability under this division, including the provisions of subdivision (a) of Section 23061 and subdivision (a) of Section 23062, shall…
3. ARTICLE 3. Civil Damages §§ 23064–23064.5 · 2 sections

   • § 23064 Any person who is injured by any violation of this division may bring an action for the recovery of damages, an equity proceeding to restrain and enjoin those…
   • § 23064.5 The rights, remedies, and penalties established by this division are cumulative to the rights, remedies, or penalties established under other laws. It is not…
4. ARTICLE 4. Crimes § 23065 · 1 section

   • § 23065 Any person, including a partner or officer of an entity that is a licensee, who willfully violates any provision of this division or who willfully violates any…
5. ARTICLE 5. Transition Provisions §§ 23070–23074 · 5 sections

   • § 23070 (a) The Legislature finds and declares that it is in the public interest for the administration and enforcement of this division to be undertaken by the…
   • § 23071 The Commissioner of Financial Protection and Innovation and the Department of Financial Protection and Innovation shall succeed to, and are vested with, all…
   • § 23072 The Department of Financial Protection and Innovation may use the unexpended balance of funds available for use in connection with the performance of duties of…
   • § 23073 All officers and employees of the Department of Justice who, on the operative date of this division, are performing any duty, power, purpose, responsibility,…
   • § 23074 The Department of Financial Protection and Innovation shall have possession and control of all records, criminal history information, papers, equipment,…
6. ARTICLE 6. Miscellaneous §§ 23100–23106 · 7 sections

   • § 23100 (a) Check cashers that hold a valid permit prior to January 1, 2003, issued pursuant to Section 1789.37 of the Civil Code, and that have been making deferred…
   • § 23101 Regulations of the commissioner adopted prior to June 30, 2003, to implement this division shall be adopted as emergency regulations. Upon receipt of the…
   • § 23102 The deferred deposits made pursuant to a permit issued under Section 1789.37 of the Civil Code prior to December 31, 2004, shall be subject to and enforced to…
   • § 23103 It is the intent of the Legislature that this division shall be administered and enforced with sufficient program resources and funding including personnel to…
   • § 23104 Except as provided in this article, the provisions of this division shall become effective on January 1, 2003, and shall become operative on December 31, 2004.…
   • § 23105 The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other…
   • § 23106 This division creates and authorizes an exempt class of persons pursuant to Section 1 of Article XV of the California Constitution.