SECTIONS 12400-12404 - California Statutes

FINANCIAL CODE

SECTION 12400-12404

12400. The commissioner may, upon reasonable opportunity to be
heard, suspend or revoke any license issued pursuant to this
division, if he finds that:
(a) The licensee has failed to report within 10 days the
establishment of a mobile unit, branch office, or agency location, or
has failed upon demand of the commissioner pursuant to Section
12301.4 of this code to terminate and cancel any agency.
(b) The licensee has violated any provision of this division or
any rule or regulation made by the commissioner under and with the
authority of this division.
(c) Any fact or condition exists which, if it had existed at the
time of the original application for such license, reasonably would
have warranted the commissioner in refusing originally to issue such
license.

12401. The commissioner may upon three days' notice and a hearing,
suspend any license for a period not exceeding 30 days, pending
investigation.

12401.1. The commissioner may by order summarily suspend or revoke
the license of a licensee who fails to pay the license fee prescribed
by Section 12214 within 10 days after notice by the commissioner
that such fee is due and payable. If, after such an order is made, a
request for hearing is filed in writing and hearing is not held
within 60 days thereafter, the order is rescinded as of its effective
date.

12402. Except where a shorter time for setting the hearing is
prescribed in this division, all hearings under this division shall
be conducted in accordance with Chapter 5 of Part 1 of Division 3 of
Title 2 of the Government Code and in all cases the commissioner
shall have all the powers granted therein.

12403. Every order, decision, license, or other official act of the
commissioner is subject to review in accordance with law.

12404. (a) The commissioner may, after appropriate notice and
opportunity for hearing, by order, censure or suspend for a period
not exceeding 12 months, or bar from any position of employment,
management, or control any licensee, any nonprofit community service
organization subject to Section 12104, or any other person, if the
commissioner finds either of the following:
(1) That the censure, suspension, or bar is in the public interest
and that the person has committed or caused a violation of this
division or rule or order of the commissioner, which violation was
either known or should have been known by the person committing or
causing it or has caused material damage to the licensee, nonprofit
community service organization, or to the public.
(2) That the person has been convicted of or pleaded nolo
contendere to any crime, or has been held liable in any civil action
by final judgment, or any administrative judgment by any public
agency, if that crime or civil or administrative judgment involved
any offense involving dishonesty, fraud, or deceit, or any other
offense reasonably related to the qualifications, functions, or
duties of a person engaged in the business in accordance with the
provisions of this division.
(b) Within 15 days from the date of a notice of intention to issue
an order pursuant to subdivision (a), the person may request a
hearing under the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) of Division 3 of Title 2 of the
Government Code). Upon receipt of a request, the matter shall be set
for hearing to commence within 30 days after such receipt unless the
person subject to this division consents to a later date. If no
hearing is requested within 15 days after the mailing or service of
such notice and none is ordered by the commissioner, the failure to
request a hearing shall constitute a waiver of the right to a
hearing.
(c) Upon receipt of a notice of intention to issue an order
pursuant to this section, the person who is the subject of the
proposed order is immediately prohibited from engaging in any
activities subject to licensure or exempt from licensure under
Section 12104 of the law.
(d) Persons suspended or barred under this section are prohibited
from participating in any business activity of a licensee or a person
exempt from licensure under Section 12104 and from engaging in any
business activity on the premises where a licensee or a person exempt
from licensure under Section 12104 is conducting business.