Section 12107 Of Chapter 2. Application Of Division From California Financial Code >> Division 3. >> Chapter 2.
12107
. (a) If, upon inspection or investigation, based upon a
complaint or otherwise, the department has cause to believe that a
person is engaged in business without a license, or a person or
licensee is violating any provision of this division or any rule or
order promulgated pursuant to this division, the department may issue
a citation to that person in writing describing with particularity
the basis of the citation. Each citation may contain an order to
desist and refrain and an assessment of an administrative penalty not
to exceed two thousand five hundred dollars ($2,500). All penalties
collected under this section shall be deposited in the State
Corporations Fund.
(b) 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 person
cited fails to notify the department that the person 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 department may apply to the appropriate superior
court for a judgment in the amount of the administrative penalty and
order compelling the cited person to comply with the order of the
department. The application shall include a certified copy of the
final order of the department and shall constitute a sufficient
showing to warrant the issuance of the judgment and order.