CHAPTER 11. Consumer Recovery Fund
Chapter 11 added by Stats. 2007, Ch. 437, Sec. 6.
§§ 12200–12217 · 18 sections
- § 12200 The following definitions apply to this chapter: (a) “Application” means an application to the recovery corporation for the payment of an eligible claim from…
- § 12201 (a) Participants shall maintain a corporation under the Nonprofit Mutual Benefit Corporation Law (Part 3 (commencing with Section 7110) of Division 2 of Title…
- § 12202 (a) The recovery corporation shall have a board of directors composed of six directors, as follows: (1) One public consumer representative member appointed by…
- § 12203 (a) The recovery corporation shall establish a consumer recovery fund for the payment of claims as provided in this chapter. The recovery corporation shall…
- § 12204 (a) A consumer may file an application with the recovery corporation for the payment of the consumer’s eligible claim if a dealer or lessor-retailer against…
- § 12205 The recovery corporation shall develop a notice fully explaining a consumer’s right to make a claim from the fund, an application form, and an explanation of…
- § 12206 (a) Within 30 days of receiving an application, the recovery corporation shall notify the applicant, in writing, that the application is complete or, if the…
- § 12207 (a) Within 15 days of receiving a complete application, the recovery corporation shall serve a copy of the complete application and the following notice on the…
- § 12208 If the recovery corporation pays the claim, the amount of the payment shall be the total of the amount of the eligible claim, but in no event may the payment…
- § 12209 If the recovery corporation denies the claim, the recovery corporation shall notify the applicant in writing of the denial, the legal and factual bases for the…
- § 12210 After the recovery corporation pays or rejects a claim, all of the following apply: (a) Immediately upon payment, the recovery corporation shall be subrogated…
- § 12211 If the recovery corporation has insufficient funds to pay all eligible claims, the recovery corporation shall pay eligible claims in the order that the claim…
- § 12212 (a) Within 30 days after the close of the fiscal year or other reasonable period established by the board of directors, the recovery corporation shall make…
- § 12213 The operation of the recovery corporation shall at all times be subject to the examination and review of the Attorney General and the Attorney General’s…
- § 12214 The Attorney General or his or her representative may determine that the recovery corporation has failed or ceased to operate upon a finding that any one of…
- § 12215 If the recovery corporation is dissolved or ceases to exist, or if the Attorney General or his or her representative makes a determination, pursuant to Section…
- § 12216 All costs and expenses incurred by the Department of Justice in the administration of this chapter shall be paid to the Department of Justice by the recovery…
- § 12217 Nothing in this chapter is intended to limit or restrict actions, remedies, penalties, or procedures otherwise available pursuant to any other provision of law.