SECTIONS 7510-7510.4 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7510-7510.4

7510. Except as otherwise required to comply with the provisions of
this chapter, 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 Government Code, and the director
shall have all the powers granted therein.

7510.1. In addition to any other remedies authorized by this
chapter, the director may suspend or revoke a repossession agency
license, a qualification certificate, or registration issued under
this chapter if the director determines that the licensee or the
licensee's manager, if an individual, or if the licensee is a person
other than an individual, that any of its officers, partners,
registrants, employees, or its manager, has:
(a) Made any false statement or given any false information in
connection with an application for a license, qualification
certificate, or registration, or a renewal or reinstatement thereof.
(b) Violated any provisions of this chapter.
(c) Violated any rule of the director adopted pursuant to
authority contained in this chapter.
(d) Been convicted of a felony or any crime substantially related
to the repossession agency business including illegally using,
carrying, or possessing a deadly weapon.
(e) Committed or permitted any registrant or employee to commit
any act while the license was expired which would be cause for the
suspension or revocation of a license, or grounds for the denial of
an application for a license.
(f) Unlawfully committed assault, battery, or kidnapping, or used
force or violence on any person.
(g) Knowingly violated, or advised, encouraged, or assisted the
violation of any court order or injunction in the course of business
as a licensee.
(h) Been convicted of a violation of Section 148 of the Penal
Code, resisting or obstructing a public officer.
(i) Committed any act which is a ground for denial of an
application for license under this chapter.
(j) Committed any act prohibited by Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1 of the Penal Code.
(k) Committed any act in the course of the licensee's business
constituting dishonesty or fraud, including, but not limited to:
(1) Knowingly making a false statement relating to evidence or
information obtained in the course of employment or while under
contract, or knowingly publishing a slander or a libel in the course
of business.
(2) Using illegal means in the collection or attempted collection
of a debt or obligation.
(l) Represented that the licensee has an office and conducts
business at a specific address when that is not the case.

7510.2. (a) Any licensee, or any officer, partner, registrant,
employee, or manager of a licensee, who is found by the director to
have committed any acts prohibited by Section 7510.1, resulting in
revocation of a license, shall dispose of any financial interest in
any repossession agency required to be licensed by this act within 90
days of the effective date of the revocation, or at a later date,
approved in writing by the director, not to exceed 180 days.
(b) No licensee, or any officer, partner, registrant, employee, or
manager of a licensee, who is found by the director to have
committed any acts prohibited by Section 7510.1, shall, during the
period of suspension or revocation, acquire any financial interest in
any repossession agency required to be licensed by this act.
(c) The requirements and prohibitions of this section shall also
apply to any immediate family member of a licensee, or officer,
partner, registrant, employee, or manager of a licensee, if the
family member actively participated in the management or operation of
the repossession agency whose license was revoked.
(d) Any immediate family member of a licensee, or officer,
partner, registrant, employee, or manager of a licensee, not subject
to subdivision (c), shall dispose of all financial interest in the
repossession agency of the licensee whose license was revoked, within
the time period required in subdivision (a).
(e) Any financial interest transferred for the purpose of avoiding
the prohibitions of this section shall be deemed a financial
interest of the transferor.
(f) As used in this section, "financial interest" includes, but is
not limited to, any type of ownership interest, debt, loan, lease,
compensation, remuneration, discount, rebate, refund, dividend,
distribution, subsidy, or other form of direct or indirect payment,
whether in money or otherwise.
(g) As used in this section, "immediate family" includes one's
spouse, children, parents, siblings, and spouses of one's children or
siblings.

7510.4. The record of conviction, or a certified copy thereof,
shall be conclusive evidence of such conviction.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this article. The director may order the license suspended or
revoked, or may decline to issue a license, when the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under the
provisions of Section 1203.4 of the Penal Code allowing such person
to withdraw his or her plea of guilty and to enter a plea of not
guilty, or setting aside the verdict of guilty or dismissing the
accusation, information, or indictment.