Section 22707.5 Of Article 1. Revocation And Suspension Of License From California Financial Code >> Division 9. >> Chapter 4. >> Article 1.
22707.5
. (a) If, upon inspection, examination, or investigation,
the commissioner has cause to believe that a licensee or other person
is violating any provision of this division or any rule or order
thereunder, the commissioner or his or her designee, may issue a
citation to the licensee or person in writing, describing with
particularity the basis of the citation. Each citation may contain an
order to correct the violation or violations identified and provide
a reasonable time period or periods by which the violation or
violations must be corrected. In addition, each citation may assess
an administrative fine not to exceed two thousand five hundred
dollars ($2,500) that shall be deposited in the State Corporations
Fund. In assessing a fine, the commissioner shall give due
consideration to the appropriateness of the amount of the fine with
respect to factors including the gravity of the violation, the good
faith of the person or licensees cited, and the history of previous
violations. A citation issued or a fine assessed pursuant to this
section, while constituting punishment for a violation of law, shall
be in lieu of other administrative discipline by the commissioner for
the offense or offenses cited, and the citation and fine payment
thereof by a licensee shall not be reported as disciplinary action
taken by the commissioner.
(b) Notwithstanding subdivision (a), nothing in this section shall
prevent the commissioner from issuing an order to desist and refrain
from engaging in a specific business or activity or activities, or
an order to suspend all business operations to a person or licensee
who is engaged in or who has engaged in continued or repeated
violations of this division. In any of these circumstances, the
sanctions authorized under this section shall be separate from, and
in addition to, all other administrative, civil, or criminal
remedies.
(c) If, within 30 days from the receipt of the citation, the
licensee or person cited fails to notify the department that he or
she intends to request a hearing as described in subdivision (d), the
citation shall be deemed final.
(d) Any hearing under this section 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.
(e) After the exhaustion of the review procedures provided for in
this section, the commissioner may apply to the appropriate superior
court for a judgment in the amount of the administrative fine and an
order compelling the cited licensee or person to comply with the
order of the commissioner. The application, which shall include a
certified copy of the final order of the commissioner, shall
constitute a sufficient showing to warrant the issuance of the
judgment and order.