SECTIONS 11280-11288 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 11280-11288

11280. (a) Except as specifically provided in this section, the
regulation of time-share plans and exchange programs is an exclusive
power and function of the state. A unit of local government may not
regulate time-share plans or exchange programs.
(b) Notwithstanding subdivision (a), no provision of this chapter
invalidates or modifies any provision of any zoning, subdivision, or
building code or other real estate use law, ordinance, or regulation.

11281. The commissioner may adopt, repeal, or amend forms and
regulations that are necessary to effectuate the intent of the
Legislature in carrying out this chapter. These forms and regulations
and any order, permit, decision, demand, or requirement issued by
the commissioner shall be in writing and adopted pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).

11282. The commissioner may investigate the actions or
qualifications of any person or persons holding or claiming to hold a
public report under this chapter.

11283. (a) Whenever the commissioner determines from available
evidence that a person has done any of the following, the
commissioner may order the person to desist and refrain from those
acts and omissions or from the further sale or lease of interests in
the time-share plan until the condition has been corrected:
(1) The person has violated or caused the violation of any
provision of this chapter or the regulations pertaining thereto.
(2) The person has violated or caused a violation of Section
17537, 17537.1, 17537.2, or 17539.1, in advertising or promoting the
sale of time-share interests.
(3) The person has failed to fulfill representations or assurances
with respect to the time-share plan or the time-share offering upon
which the department relied in issuing a public report.
(4) The person has failed to inform the department of material
changes that have occurred in the time-share or time-share offering
that have caused the public report to be misleading or inaccurate or
which would have caused the department to deny a public report if the
conditions had existed at the time of issuance.
(b) Upon receipt of such an order, the person or persons to whom
the order is directed shall immediately discontinue activities in
accordance with the terms of the order.
(c) Any person to whom the order is directed may, within 30 days
after service thereof upon him or her, file with the commissioner a
written request for hearing to contest the order. The commissioner
shall, after receipt of a request for hearing, assign the matter to
the Office of Administrative Hearings to conduct a hearing for
findings of fact and determinations of the issues set forth in the
order. If the hearing is not commenced within 15 days after receipt
of the request for hearing, or on the date to which continued with
the agreement of the person requesting the hearing, or if the
decision of the commissioner is not rendered within 30 days after
completion of the hearing, the order shall be deemed to be vacated.
(d) Service and proof of service of an order issued by the
commissioner pursuant to this section may be made in a manner and
upon those persons as prescribed for the service of summons in
Article 3 (commencing with Section 415.10), Article 4 (commencing
with Section 416.10), and Article 5 (commencing with Section 417.10)
of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.

11284. Notwithstanding any other provisions of this chapter or of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), the commissioner may negotiate agreements with registrants and
applicants resulting in disciplinary consent orders. The consent
order may provide for any form of discipline provided for in this
chapter. The consent order shall provide that it is not entered into
as a result of any coercion by the commissioner. The consent order
shall be accepted by signature or rejected by the commissioner in a
timely manner.

11285. An action for damages or for injunctive or declaratory
relief for a violation of this chapter may be brought by any
time-share interest owner or association against the developer,
seller, or marketer of time-share interests, an escrow agent, or the
managing entity. Relief under this section does not exclude other
remedies provided by law.

11286. (a) It shall be unlawful for any person to make, issue,
publish, deliver, or transfer as true and genuine any public report
that is forged, altered, false, or counterfeit, knowing it to be
forged, altered, false, or counterfeit or to cause to be made or
participate in the making, issuance, delivery, transfer, or
publication of a public report with knowledge that it is forged,
altered, false, or counterfeit.
(b) Any person who violates subdivision (a) is guilty of a public
offense punishable by a fine not exceeding ten thousand dollars
($10,000), by imprisonment in the state prison, by imprisonment in
the county jail not exceeding one year, or by both the fine and
imprisonment.
(c) The penalty provided by this section is not an exclusive
penalty, and does not affect any other penalty, relief, or remedy
provided by law.

11287. Any person who violates Section 11226, 11227, 11234, 11244,
11245, or 11283, is guilty of a public offense punishable by a fine
not to exceed ten thousand dollars ($10,000), by imprisonment in the
state prison or in a county jail not exceeding one year, or by both
the fine and imprisonment.

11288. This chapter shall take effect on July 1, 2005.