CHAPTER 8. Additional Enforcement Provisions [2148 - 2153]
( Chapter 8 added by Stats. 2011, Ch. 243, Sec. 4. )
(a) If it appears to the commissioner that a licensee is violating or has violated, or is failing or has failed to comply with any law of this state, the commissioner may direct the licensee to comply with the law by an order issued under the commissioner’s official seal, or if it appears to the commissioner that any licensee is conducting or has conducted its business in an unsafe or injurious manner, the commissioner may in like manner direct it to discontinue the unsafe or injurious practices. The order shall require the licensee to show cause before the commissioner, at a time and place to be fixed by the commissioner, as to why the order should not be observed.
(b) If, upon any hearing held pursuant to subdivision (a), the commissioner finds that the licensee is
violating or has violated, or is failing or has failed to comply with any law of this state or is conducting or has conducted its business in an unsafe or injurious manner, the commissioner may make a final order directing it to comply with the law or to discontinue the unsafe or injurious practices. A licensee shall comply with the final order unless, within 10 days after the issuance of the order, its enforcement is restrained in a proceeding brought by the licensee.
(Amended by Stats. 2022, Ch. 188, Sec. 7. (AB 2433) Effective January 1, 2023.)
(a) The commissioner may issue an order suspending or revoking a license, or taking possession of and placing a licensee in receivership, if after notice and an opportunity for hearing, the commissioner finds that:
(1) The licensee is violating this division or a regulation adopted or an order issued under this division, or a condition of approval issued under this division.
(2) The licensee does not cooperate with an examination or investigation by the commissioner.
(3) The licensee engages in fraud, intentional misrepresentation, or gross negligence.
(4) The competence, experience, character, or general fitness of the licensee, or any director, officer, employee, or person in control of a licensee, indicates that it is not in the public interest to permit the person to provide money transmission services.
(5) The licensee engages in an unsafe or unsound practice.
(6) The licensee is insolvent, suspends payment of its obligations, or makes a general assignment for the benefit of its creditors.
(7) The licensee does not remove an agent after the commissioner issues and serves upon the licensee a final order including a finding that the agent has violated this division.
(8) The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under any bankruptcy, reorganization, insolvency, or moratorium law, or any person has applied for any such relief under that law against the licensee and the licensee has by any affirmative act approved of or consented to the action or the relief has been granted.
(9) Any fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the application.
(b) In determining whether a licensee is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the licensee’s provision of money transmission services, the magnitude of the loss, the gravity of the
violation of this division, and the previous conduct of the person involved.
(Amended by Stats. 2012, Ch. 356, Sec. 25. (SB 979) Effective January 1, 2013.)
(a) The commissioner may issue an order suspending or revoking the designation of an agent if, after notice and an opportunity for hearing, the commissioner finds that:
(1) The agent violated this division or a regulation adopted or an order issued under this division.
(2) The agent did not cooperate with an examination or investigation by the commissioner.
(3) The agent engaged in fraud, intentional misrepresentation, or gross negligence.
(4) The agent is convicted of a violation of a state or federal
anti-money laundering statute.
(5) The competence, experience, character, or general fitness of the agent, or any director, officer, employee, or person in control of the agent, indicates that it is not in the public interest to permit the agent to provide money transmissions.
(6) The agent is engaging in an unsafe or unsound practice.
(7) The agent has made or caused to be made in any application or report filed with the commissioner or in any proceeding before the commissioner, any statement that was at the time and in the light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any of those applications, reports, or proceedings any material fact
which is required to be stated therein.
(8) The agent is an agent of a licensee who, because of its operations and financial condition, is not competent to supervise and monitor the agent.
(9) The agent will not comply with all applicable provisions of this division and of any regulation or order issued under this division.
(b) In determining whether an agent is engaging in an unsafe or unsound practice, the commissioner may consider the size and condition of the agent’s provision of money transmission services, the magnitude of the loss, the gravity of the violation of this
division or a rule adopted or order issued under this division, and the previous conduct of the agent.
(c) No licensee shall appoint as an agent any person with respect to whom an order issued under this section is in effect.
(d) No person with respect to whom an order issued under this section is in effect shall become or continue to be an agent of any licensee.
(e) If applicable, the commissioner may disclose to the licensee criminal history information upon which an order is based.
(Amended by Stats. 2012, Ch. 356, Sec. 26. (SB 979) Effective January 1, 2013.)
(a) Every order, decision, or other official act of the commissioner is subject to review in accordance with law.
(b) Whenever the commissioner has taken possession of the property and business of any licensee, the licensee, within 10 days after that taking, if it deems itself aggrieved thereby, may apply to the superior court in the county in which the head office of the licensee is located to enjoin
further proceedings. The court, after citing the commissioner to show cause why further proceedings should not be enjoined and after a hearing and a determination of the facts upon the merits, may dismiss the application or enjoin the commissioner from further proceedings and direct the commissioner to surrender the property and business to the licensee.
(Added by Stats. 2011, Ch. 243, Sec. 4. (SB 664) Effective January 1, 2012.)
(a) If the commissioner finds that any of the factors set forth in Section 2149 is true with respect to any licensee and that it is necessary for the protection of the public interest, the commissioner may issue an order immediately suspending or revoking the licensee’s license.
(b) Within 30 days after the license is suspended or revoked pursuant to subdivision (a), the licensee may file with the
commissioner an application for a hearing on the suspension or revocation.
(c) If the commissioner fails to commence a hearing within 15 business days after the application is filed with the commissioner pursuant to subdivision (b) or within a longer period of time agreed to by the licensee, the suspension or revocation shall be deemed rescinded.
(d) Within 30 days after the hearing, the commissioner shall affirm, modify, or rescind the suspension or revocation. Otherwise, the suspension or revocation shall be deemed rescinded.
(e) The right of the licensee to petition for judicial review of the suspension or revocation shall not be affected by the failure of the licensee to apply to the commissioner for a hearing on the suspension or revocation pursuant to subdivision (b).
(Added by Stats. 2011, Ch. 243, Sec. 4. (SB 664) Effective January 1, 2012.)
(a) If the commissioner finds that any of the factors set forth in Section 2150 is true with respect to any agent and that it is necessary for the protection of the public interest, the commissioner may issue an order immediately suspending or barring that agent from continuing to be or becoming an agent of any licensee during the period for which that order is in effect.
(b) Within 30 days after an
order is issued pursuant to subdivision (a), the licensee or the agent or former agent with respect to whom the order was issued may file with the commissioner an application for a hearing on the order.
(c) If the commissioner fails to commence a hearing within 20 business days after the application is filed with the commissioner pursuant to subdivision (b) or within a longer period of time agreed to by the parties, the suspension or revocation shall be deemed rescinded.
(d) Within 30 days after the hearing, the commissioner shall affirm, modify, or rescind the order.
(e) The right of the licensee or agent or former agent to petition for judicial review of the order shall not be affected by the failure of that person to apply to the commissioner for a hearing on the order pursuant to subdivision
(b).
(Added by Stats. 2011, Ch. 243, Sec. 4. (SB 664) Effective January 1, 2012.)
The commissioner may assess a civil penalty against a person that violates this division or a regulation adopted or an order issued under this division in an amount not to exceed one thousand dollars ($1,000) for each violation or, in the case of a continuing violation, one thousand dollars ($1,000) for each day or part thereof during which the violation continues, plus this state’s costs and expenses for the investigation and prosecution of the matter, including reasonable attorney’s fees.
(Amended by Stats. 2012, Ch. 356, Sec. 27. (SB 979) Effective January 1, 2013.)
(a) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this division or that intentionally makes a false entry or omits a material entry in such a record is guilty of a felony.
(b) A person that knowingly engages in an activity for which a license is required under this division without being licensed or exempt from licensure under this division is guilty of a felony.
(c) Nothing in this division limits the power of the state to punish any person for any act that constitutes a crime under any statute.
(Amended by Stats. 2012, Ch. 356, Sec. 28. (SB 979) Effective January 1, 2013.)
The enforcement provisions of this division are in addition to any other enforcement powers that the commissioner may have under law.
(Amended by Stats. 2012, Ch. 356, Sec. 29. (SB 979) Effective January 1, 2013.)