SECTIONS 7503-7503.14 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7503-7503.14

7503. An application for a repossession agency license shall be
made in writing to, and filed with, the bureau in the form that may
be required by the director and shall be accompanied by the original
license fee prescribed by this chapter. The director may require the
submission of any other pertinent information, evidence, statements,
or documents.
Every application for a repossession agency license shall be
signed by the applicant and state, among other things that may be
required, the name of the applicant and the name under which the
applicant will do business, the location by number and street and
city of the office of the business for which the license is sought,
and the usual business hours the business will maintain. An applicant
who declares as true any material matter pursuant to this section
that he or she knows to be false is guilty of a misdemeanor. The
residence address, residence telephone number, and driver's license
number of each licensee, principal owner of each licensee, and any
applicant for a license, if requested, shall be confidential pursuant
to the Information Practices Act of 1977 (Chapter 1 (commencing with
Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil
Code) and shall not be released to the public.
No license shall be issued in any fictitious name which may be
confused with or which is similar to any federal, state, county, or
municipal governmental function or agency, or in any name which may
tend to describe any business function or enterprise not actually
engaged in by the applicant, or in any name which is the same as or
so similar to that of any existing licensee as would tend to deceive
the public, or in any name which would otherwise tend to be deceptive
or misleading.
The application form shall contain a statement informing the
applicant that a false or dishonest answer to a question may be
grounds for denial or subsequent suspension or revocation of a
repossession agency license.

7503.1. (a) Each individual applicant for examination and each
manager, partner of a partnership, and officer of a corporation shall
submit with the application, one personal identification form
provided by the chief upon which shall appear a photograph taken
within one year immediately preceding the date of the filing of the
application together with two legible sets of fingerprints, one set
of which shall be forwarded to the Federal Bureau of Investigation
for purposes of a background check, and a personal description of
each person respectively.
(b) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.

7503.2. If the applicant for license is an individual, the
application shall state the full residence address of the applicant
and that the applicant is to be personally and actively in charge of
the business for which the license is sought, or if any other
qualified certificate holder is to be actively in charge of such
business, the application shall so state and set forth the name of
the person. The application shall also state whether the applicant
has ever used an alias. The application shall be subscribed and
verified by the applicant and, if any other person is to be actively
in charge of the business, the application shall also be subscribed
and verified by that person.

7503.3. If the applicants for license are copartners, the
application shall state the true names and addresses of all partners
and the name of the partner to be actively in charge of the business
for which the license is sought. If a qualified certificate holder
other than a partner is to be actively in charge of the business then
the application shall state the name and address of that person. The
application shall be subscribed and verified by all of the partners
and, if any other person is to be actively in charge of the business,
the application shall also be subscribed and verified by that
person. The application shall also state whether any of the partners
has ever used an alias.

7503.4. (a) If the applicant for a license is a corporation, the
application shall state the true names and complete residence
addresses of all officers. The application shall also state the name
and address of the person to be actively in charge of the business
for which the license is sought. The application shall be subscribed
and verified by a duly authorized officer of the applicant and by the
qualified certificate holder thereof. The application shall also
state whether any of the officers has ever used an alias.
(b) If the applicant for a license is a limited liability company,
the application shall state the true names and complete residence
addresses of all owners and the name and address of the owner to be
actively in charge of the business for which the license is sought.
If a qualified certificate holder, other than an owner, is to be
actively in charge of the business, then the application shall state
the name and address of that person. The application shall be
subscribed and verified by each owner and, if any other person is to
be actively in charge of the business, the application shall also be
subscribed and verified by that person. The application shall also
state whether any of the owners has ever used an alias.
(c) Nothing in this chapter permits a domestic or foreign limited
liability company to be licensed as a repossession agency.

7503.5. If the director determines that the applicant, if an
individual, or if the applicant is a person other than an individual,
that its manager and any of its officers and partners have committed
any of the following acts, the director may deny the license:
(a) Committed any act, which, if committed by a licensee, would be
a ground for the suspension or revocation of a license under this
chapter.
(b) Committed any act constituting dishonesty or fraud.
(c) Been refused a license under this chapter or had a license
revoked.
(d) Been an officer, partner, or manager of any person who has
been refused a license under this chapter or whose license has been
revoked.
(e) Committed, or aided and abetted the commission of, any act for
which a license is required by this chapter while unlicensed.
(f) Knowingly made any false statement in his or her application.
(g) Committed any act or crime constituting grounds for denial of
licensure under Section 480.
The denial shall be in writing and shall describe the basis for
the denial. The denial shall inform the applicant that if he or she
desires a hearing to contest the denial, the hearing shall be
requested of the director, in writing, within 30 days of the issuance
of the denial.
When a hearing is held under this section, it shall be conducted
in accordance with Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code.

7503.6. No license may be issued to any applicant pending final
disposition of any disciplinary action by the director previously
filed against the person or applicant or against any partner or
officer.

7503.7. The form and content of the license shall be determined by
the director in accordance with Section 164.

7503.8. Each repossession agency license or duplicate license,
together with current renewal license, if any, shall at all times be
conspicuously displayed at the place of business on record with the
bureau.

7503.9. (a) Except as provided in this section, a repossession
agency license issued under this chapter is not assignable.
(b) A repossession agency may apply to the chief for consent and,
upon receipt of the consent and payment of the processing fee
authorized by Section 7511, may assign a license to another business
entity as long as the direct and indirect owners of the assignor own
all of the assignee immediately after the assignment.

7503.10. (a) An original repossession agency license shall expire
one year following the date of issuance, unless renewed as provided
in this chapter.
(b) A renewal repossession agency license shall expire two years
following the date of renewal, unless renewed as provided in this
chapter.
(c) At least 60 days prior to the expiration of the license, the
bureau shall mail to the licensee a renewal form prescribed by the
director. To renew an unexpired license, the licensee shall complete
and mail the renewal form to the bureau, pay any and all fines
assessed pursuant to Section 7501.7 and resolved in accordance with
the provisions of that section, and pay the renewal fee prescribed by
this chapter.
(d) Upon the issuance of the initial license or renewal license,
the bureau shall issue to the licensee a suitable pocket
identification card which includes a photograph of the licensee. The
photograph shall be of a size prescribed by the bureau. The card
shall contain the name of the licensee's company.

7503.11. An expired license may be reinstated within one year of
the date of expiration upon compliance with the provisions of this
chapter, application by the licensee, and payment of any and all
fines assessed pursuant to Section 7501.7 and not resolved in
accordance with the provisions of that section and payment of the
reinstatement fee provided by this chapter. Reinstatement of an
expired license shall not prohibit the bringing of disciplinary
proceedings for any act committed in violation of this chapter during
the period the license is expired.

7503.12. A suspended repossession agency license is subject to
expiration and shall be renewed as provided in this article, but
renewal of the license does not entitle the licensee, while the
license remains suspended and until it is reinstated, to engage in
the licensed activity, or in any other activity or conduct in
violation of the order or judgment by which the license was
suspended.

7503.13. A revoked repossession agency license is subject to
expiration as provided in this article, but it may not be renewed. If
it is reinstated after its expiration, the licensee, as a condition
precedent to its reinstatement, shall pay a reinstatement fee in an
amount equal to the renewal fee in effect on the last regular renewal
date before the date on which it is reinstated, plus the delinquency
fee, if any, accrued at the time of its revocation.

7503.14. A repossession agency license which is not renewed within
three years after its expiration may not be renewed, restored,
reinstated, or reissued thereafter.
The holder of the repossession agency license may obtain a new
license only upon compliance with all of the provisions of this
chapter relating to the issuance of an original license.